Law is an institution that has evolved and flourished throughout its six-thousand-year history. Tracing this history in complex societies from the Ancient Middle East to the contemporary world, this book poses the following question: can international law become an effective instrument of social control among nations in the emerging world society?

To develop effective international law will require minimal standards of inclusiveness and mutual responsibility. International law must be limited in its scope and its powers. It must also meet the fundamental requirement of an effective legal system: a widespread belief in its justice and fairness. How has that kind of respect for the law come about in earlier societies, and how can it be fostered in the evolution of a world legal order?

When, in Obergefell v. Hodges, the US Supreme Court held that bans on same-sex marriage violate the Constitution, Christian conservative legal organizations (CCLOs) decried the ruling. Foreseeing an “assault against Christians,” Liberty Counsel president Mat Staver declared, “We are entering a cultural civil war.” Many would argue that a cultural war was already well underway; and yet, as this timely book makes clear, the stakes, the forces engaged, and the strategies employed have undergone profound changes in recent years. In Defending Faith, Daniel Bennett shows how the Christian legal movement (CLM) and its affiliated organizations arrived at this moment in time. He explains how CCLOs advocate for issues central to Christian conservatives, highlights the influence of religious liberty on the CLM’s broader agenda, and reveals how the Christian Right has become accustomed to the courts as a field of battle in today’s culture wars. On one level a book about how the Christian Right mobilized and organized an effective presence on an unavoidable front in battles over social policy, the courtroom, Defending Faith is also a case study of interest groups pursuing common goals while maintaining unique identities. As different as these proliferating groups might be, they are alike in increasingly construing their efforts as a defense of religious freedom against hostile forces throughout American society—and thus as benefitting society as a whole rather than limiting the rights of certain groups. The first holistic, wide-angle picture of the Christian legal movement in the United States, Bennett’s work tells the story of the growth of a powerful legal community and of the development of legal advocacy as a tool of social and political engagement.

According to the accepted legal theory, the American colonists claimed the English common law as their birthright, brought with them its general principles and adopted so much of it as was applicable to their condition. Although this theory is universally adopted by the courts, a close study of the subject reveals among the early colonists a far different attitude toward the common law from that which is usually attributed to them. In none of the colonies, perhaps, was this more marked than in early Massachusetts. Here the binding force of English law was denied, and a legal system largely different came into use. It is the purpose of this work to trace the development of that system during the period of the first charter.

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.

As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature - nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. After addressing philosophical concerns about authority and obligation in international law, Bederman considers the sources and methods of international lawmaking. Topics include key legal actors in the international system, the permissible scope of international legal regulation (what Bederman calls the ""subjects and objects"" of the discipline), the primitive character of international law and its ability to remain coherent, and the essential values of international legal order (and possible tensions among those values). Bederman then measures the extent to which the rules of international law are formal or pragmatic, conservative or progressive, and ignored or enforced. Finally, he reflects on whether cynicism or enthusiasm is the proper attitude to govern our thoughts on international law. Throughout his study, Bederman highlights some of the canonical documents of international law: those arising from famous cases (decisions by both international and domestic tribunals), significant treaties, important diplomatic correspondence, and serious international incidents. Distilling the essence of international law, this volume is a lively, broad, thematic summation of its structure, characteristics, and main features.

During the Victorian era, new laws allowed more witnesses to testify in court cases. At the same time, an emerging cultural emphasis on truth-telling drove the development of new ways of inhibiting perjury. Strikingly original and drawing on a broad array of archival research, Wendie Schneider's examination of the Victorian courtroom charts this period of experimentation and how its innovations shaped contemporary trial procedure. Blending legal, social, and colonial history, she shines new light on cross-examination, the most enduring product of this time and the "greatest legal engine ever invented for the discovery of truth."