In April 1861, President Abraham Lincoln suspended the writ of habeas corpus along the military line between Washington, D.C., and Philadelphia. This allowed army officers to arrest and indefinitely detain persons who were interfering with military operations in the area. When John Merryman, a wealthy Marylander suspected of burning bridges to prevent the passage of U.S. troops to Washington, was detained in Fort McHenry, the chief justice of the Supreme Court, Roger Taney, declared the suspension of habeas corpus unconstitutional and demanded Merryman's immediate release. Lincoln defied Taney’s order, offering his own forceful counter-argument for the constitutionality of his actions. Thus the stage was set for one of the most dramatic personal and legal confrontations the country has ever witnessed.

The Body of John Merryman is the first book-length examination of this much-misunderstood chapter in American history. Brian McGinty captures the tension and uncertainty that surrounded the early months of the Civil War, explaining how Lincoln's suspension of habeas corpus was first and foremost a military action that only subsequently became a crucial constitutional battle. McGinty's narrative brings to life the personalities that drove this uneasy standoff and expands our understanding of the war as a legal—and not just a military, political, and social—conflict. The Body of John Merryman is an extraordinarily readable book that illuminates the contours of one of the most significant cases in American legal history—a case that continues to resonate in our own time.

We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world’s most revered legal device.

In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king’s subjects. The key was not the prisoner’s “right” to “liberty”—these are modern idioms—but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ’s history and of English law.

Halliday’s work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantánamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence.

Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.