xv, 266 pp. Using fiction as a lens through which to view particular developments in the law, each of the essays in this book discusses a work of literary fiction - some classical (the tale of Ruth in the Bible, the fiction of Franz Kafka and Herman Melville, the plays of William Shakespeare), some modern (the post-September 11 fiction of William Gibson, Ken Kalfus, Claire Messud, Ian McEwan and Helen Schulman) - that concerns, directly or indirectly, the historical development of the law. This exploration of legal history through fiction pays particular attention to its relevance to our present circumstances and our growing concerns about terrorism and civil liberties.
Each essay considers the legal lessons about the fictional event or events at its core, lessons that tell us something worth remembering as we continue to chart law's evolution. These lessons, like those that may be found in all great literature, necessarily extend beyond the historical confines of the characters and plot and background of each story to embrace the modern condition - which, as these great stories suggest, is and always has been the only condition.
"These provocative, scholarly essays range from the Bible to a look at how tomorrow's technology may influence fundamental social organization with many startling stops in between - Lady Macbeth, Kafka, Napster and post 9/11 fiction to name a few. Friedman's choices help the reader view the transit of law and culture through novel, sometimes unforgettable, dimensions."
-- Michael Meltsner, Matthews Distinguished University Professor, Northeastern Law School and author of The Making of a Civil Rights Lawyer.
"The stories examined here brilliantly reflect worlds imagined by literature that speak to the modern condition: worlds steeped in law, worlds where law is refracted through complex orderings, and worlds where law seems virtually absent. All eloquently express the power of law to shape and unshape our realities within the modern condition.
The authors examine the law's role within a wide range of literary and historical texts. This volume remembers our deeply missed colleague George Dargo, and builds on his prolific examination of law in the context of biblical texts and the works of Herman Melville and Franz Kafka. Three of his elegantly written articles are included here. Lawrence Friedman's intricately researched essays reveal continuities, within the legal imaginary, between the novel at the height of its power in the nineteenth century and cutting-edge postmodern fiction in the post-9/11 world. Carla Spivack rounds out the volume with essays that take a fresh look at property rights and law, not normally viewed as the most scintillating of subjects. She engages in a fascinating exegesis of Shakespeare's Hamlet, and in her other articles provides bold insights from feminist, gender and queer studies. "
-- Tawia B. Ansah, Associate Dean for Academic Affairs, Professor of Law, FIU, College of Law.
LAWRENCE FRIEDMAN received his bachelor of arts in history from Connecticut College and holds law degrees from Boston College Law School and Harvard Law School. A member of the faculty at New England Law - Boston, he has written widely in the areas of constitutional law, national security law, and law and literature. His previous books include The Massachusetts State Constitution (with Lynnea Thody) and The Case for Congress: Separation of Powers and the War on Terror (with Victor Hansen).

Description (3900 characters maximum): Clark, NJ: The Lawbook Exchange, Ltd., 2012. xxii, 363 pp. The noted historian and author of Jefferson's Louisiana has collected a dozen essays that span legal issues from the development of the United States from the legal rights of colonists, to the Red Scare of 1920, issues revolving around Sunday blue laws in Massachusetts in the 1950s to the legal issues regarding the status of Puerto Rico. Author Bio (3900 characters maximum): George Dargo 1935-2012] grew up in Brooklyn, New York. A graduate of Erasmus Hall High School and Columbia College, he completed his Doctorate in the Department of History at Columbia University and, later, earned his law degree at Northeastern University. His previous books include Jefferson's Louisiana, Roots of the Republic, Law in the New Republic, and A History of the U.S. Court of Appeals for the First Circuit. He was a Professor of Law at New England LawBoston from 1983 until his death. Volume: 1 Review 1 (3900 characters maximum): This book will stand as a monument to an extraordinary historian. George Dargo was one of those rare legal historians with both a PhD in History and a JD in Law. The newly revised and edited essays in Colony to Empire reflect the depth of his background in law and history and they represent the work of an impressive life in scholarship. Few legal historians could successfully write a book of such erudition covering the colonial period to the present. Dargo's achievement is breathtaking. Source: Kenneth S. Greenberg, Dean, Suffolk University, College of Arts and Sciences Review 2 (3900 characters maximum): Multiculturalism is a misapplied buzz-word today. For a true understanding of its role and application, many of the chapters in this book provide a useful corrective. Not only the chapters on Louisiana, but the episodes devoted to the work of Judge Calvert Magruder are particularly illuminating. This book highlights the unique qualities and special contribution that Judge Magruder personified. His broad vision and keen sensitivity enabled him to see decades in advance the true meaning of multiculturalism and how a great judge could advance that meaning in a constitutional democracy. This book brings to life many of these themes and qualities. Its broad reach and wide scope provide a critical new perspective on the role of law in American history. Source: Neil Hecht, Director, Institute of Jewish Law, Professor of Law Emeritus, Boston University School of Law

The Purchase of all of Louisiana in 1803 brought the new American nation into contact with the French Creole population of the Lower Mississippi Basin. The Spanish called it Baja Luisiana. While the settlement in and around the city of New Orleans (the capital of the province when it was ruled by Spain) was not large, it had well established governmental and legal institutions. Which system of law would prevail in this volatile corner of the North American continent, a region that was distant and strategically vulnerable to rival European powers -- Spain, France and Great Britain - who still coveted the vast empire that was Louisiana? This was one of the most vexing problems that confronted the Administration of Thomas Jefferson. Reflecting contemporary American opinion, Jefferson did not believe that the United States would be able to incorporate Lower Louisiana into the Union on a basis of equality as a separate and independent state until the very character of its people and the institutional foundation of its culture had been thoroughly transformed. The pivotal issue that came to symbolize this conflict was the struggle between Louisiana civil law and Anglo-American common law. That Louisianians would remain committed to their civil law heritage was by no means certain. But the enactment of the Civil Law Digest by the territorial legislature in 1808 was a major event in the evolution of Louisiana's increasingly complex legal regime. Jefferson's Louisiana shows how this important moment came at a time when political forces and outside events joined together to reinforce local determination to resist total Americanization and to preserve Louisiana's established legal culture. The book reconnects a segment of American legal history to the general history of the period. In addition to official records, it also uses archival sources that demonstrate how the struggle between civil law and common law forces affected people who were either outside of, or but marginally connected to, legal and governmental structures. As stated in the Introduction to this revised edition of Jefferson's Louisiana, "The Civil Law Digest of 1808 was not only a foundational legal document but a constitutive cultural moment in historical time - an effort by the people of Louisiana to preserve language, culture, and historical memory as well as law." George Dargo grew up in Brooklyn, New York. A graduate of Erasmus Hall High School and Columbia College, he completed his Doctorate in the Department of History at Columbia University and, later, earned his law degree at Northeastern University. His previous books include Roots of the Republic, Law in the New Republic, and A History of the U.S. Court of Appeals for the First Circuit. He now teaches law at New England Law/Boston. Along with his wife Lois, he lives in Brookline, Massachusetts. "This penetrating book, first published in 1975, has already influenced and shaped the work of a whole generation of historians and scholars. With this new revised edition published by The Lawbook Exchange, its influence will continue and increase. George Dargo's work remains the indispensable point of departure for those who wish to understand the complex and contingent historical forces at play in Louisiana's successful retention of its civilian legal heritage. A valuable feature of this revised edition is a new introductory essay from the author summarizing and evaluating in a most lucid and balanced way the various debates among scholars that have appeared or continued since the original edition. And the timing of this publication seems perfect-given the recent celebration of the Bicentennial of the Digest of 1808, which itself embodied the "clash of legal traditions." Vernon Valentine Palmer Thomas Pickles Professor of Law, Tulane University.

The Purchase of all of Louisiana in 1803 brought the new American nation into contact with the French Creole population of the Lower Mississippi Basin. The Spanish called it Baja Luisiana. While the settlement in and around the city of New Orleans (the capital of the province when it was ruled by Spain) was not large, it had well established governmental and legal institutions. Which system of law would prevail in this volatile corner of the North American continent, a region that was distant and strategically vulnerable to rival European powers -- Spain, France and Great Britain - who still coveted the vast empire that was Louisiana? This was one of the most vexing problems that confronted the Administration of Thomas Jefferson. Reflecting contemporary American opinion, Jefferson did not believe that the United States would be able to incorporate Lower Louisiana into the Union on a basis of equality as a separate and independent state until the very character of its people and the institutional foundation of its culture had been thoroughly transformed. The pivotal issue that came to symbolize this conflict was the struggle between Louisiana civil law and Anglo-American common law. That Louisianians would remain committed to their civil law heritage was by no means certain. But the enactment of the Civil Law Digest by the territorial legislature in 1808 was a major event in the evolution of Louisiana's increasingly complex legal regime. Jefferson's Louisiana shows how this important moment came at a time when political forces and outside events joined together to reinforce local determination to resist total Americanization and to preserve Louisiana's established legal culture. The book reconnects a segment of American legal history to the general history of the period. In addition to official records, it also uses archival sources that demonstrate how the struggle between civil law and common law forces affected people who were either outside of, or but marginally connected to, legal and governmental structures. As stated in the Introduction to this revised edition of Jefferson's Louisiana, "The Civil Law Digest of 1808 was not only a foundational legal document but a constitutive cultural moment in historical time - an effort by the people of Louisiana to preserve language, culture, and historical memory as well as law." George Dargo grew up in Brooklyn, New York. A graduate of Erasmus Hall High School and Columbia College, he completed his Doctorate in the Department of History at Columbia University and, later, earned his law degree at Northeastern University. His previous books include Roots of the Republic, Law in the New Republic, and A History of the U.S. Court of Appeals for the First Circuit. He now teaches law at New England Law/Boston. Along with his wife Lois, he lives in Brookline, Massachusetts. "This penetrating book, first published in 1975, has already influenced and shaped the work of a whole generation of historians and scholars. With this new revised edition published by The Lawbook Exchange, its influence will continue and increase. George Dargo's work remains the indispensable point of departure for those who wish to understand the complex and contingent historical forces at play in Louisiana's successful retention of its civilian legal heritage. A valuable feature of this revised edition is a new introductory essay from the author summarizing and evaluating in a most lucid and balanced way the various debates among scholars that have appeared or continued since the original edition. And the timing of this publication seems perfect-given the recent celebration of the Bicentennial of the Digest of 1808, which itself embodied the "clash of legal traditions." Vernon Valentine Palmer Thomas Pickles Professor of Law, Tulane University.