Winner of the Bancroft Prize
Winner of the James Bradford Best Biography Prize, Society for Historians of the Early American Republic
Finalist, Literary Award for Nonfiction, Library of Virginia
Finalist, George Washington Prize
James Madison’s Notes on the 1787 Constitutional Convention have acquired nearly unquestioned authority as the description of the U.S. Constitution’s creation. No document provides a more complete record of the deliberations in Philadelphia or depicts the Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with such narrative force. But how reliable is this account?
“[A] superb study of the Constitutional Convention as selectively reflected in Madison’s voluminous notes on it…Scholars have been aware that Madison made revisions in the Notes but have not intensively explored them. Bilder has looked closely indeed at the Notes and at his revisions, and the result is this lucid, subtle book. It will be impossible to view Madison’s role at the convention and read his Notes in the same uncomplicated way again…An accessible and brilliant rethinking of a crucial moment in American history.”
—Robert K. Landers, Wall Street Journal
The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government.
Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability.
From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed.
Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.
Making Endless War is built on the premise that any attempt to understand how the content and function of the laws of war changed in the second half of the twentieth century should consider two major armed conflicts, fought on opposite edges of Asia, and the legal pathways that link them together across time and space. The Vietnam and Arab-Israeli conflicts have been particularly significant in the shaping and attempted remaking of international law from 1945 right through to the present day. This carefully curated collection of essays by lawyers, historians, philosophers, sociologists, and political geographers of war explores the significance of these two conflicts, including their impact on the politics and culture of the world’s most powerful nation, the United States of America. The volume foregrounds attempts to develop legal rationales for the continued waging of war after 1945 by moving beyond explaining the end of war as a legal institution, and toward understanding the attempted institutionalization of endless war.
An unprecedented account of social stratification within the US legal profession.
How do race, class, gender, and law school status condition the career trajectories of lawyers? And how do professionals then navigate these parameters?
The Making of Lawyers’ Careers provides an unprecedented account of the last two decades of the legal profession in the US, offering a data-backed look at the structure of the profession and the inequalities that early-career lawyers face across race, gender, and class distinctions. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also interviewed more than two hundred lawyers and drew insights from their individual stories, contextualizing data with theory and close attention to the features of a market-driven legal profession.
Their findings show that lawyers’ careers both reflect and reproduce inequalities within society writ large. They also reveal how individuals exercise agency despite these constraints.
This wide-ranging book is a comparative study of the civil law, primarily the legal systems of western continental Europe and Latin America. It attempts to account for the distinctive features of civil law systems and hence to contribute to an understanding of the forces that cause law to change. The author contends that the basic differences between civil-law and common-law systems derive from legal history rather than from social, economic, or political developments. Above all, he argues, it was the acceptance of the authority of Justinian's Corpus Juris Civilis that determined the future nature of civil-law systems and gave them their distinctive character.
Mr. Watson outlines the features of Roman law as codified by Justinian that made it adaptable in countries with widely differing political systems, social structures, and local court practices. His learned and lucid exposition encompasses the role and influence of professors of Roman law in medieval universities; the manner and extent to which the case law of various countries drew upon the Corpus Juris; the role of the Institutes as a model for the institutes of local law which were the immediate ancestors of most of the national codes; and the effect of the Corpus Juris on basic features of the civil law, such as the fundamental division between public and private law, with different courts for the two, and the separation of commercial law from the rest of private law.
Scholars may debate his thesis, but none will dispute Alan Watson's command of the sources and his mastery of legal material spanning many centuries and countries. His book will present a challenge to legal historians and students of comparative law, and it will provide Anglo-American lawyers with insight into the nature of civil-law systems.
The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches.
The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy.
Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.
It’s a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. Charles R. Epp argues, however, that few Americans would want to return to an era without these legalistic policies, which in the 1970s helped bring recalcitrant bureaucracies into line with a growing national commitment to civil rights and individual dignity.
Focusing on three disparate policy areas—workplace sexual harassment, playground safety, and police brutality in both the United States and the United Kingdom—Epp explains how activists and professionals used legal liability, lawsuit-generated publicity, and innovative managerial ideas to pursue the implementation of new rights. Together, these strategies resulted in frameworks designed to make institutions accountable through intricate rules, employee training, and managerial oversight. Explaining how these practices became ubiquitous across bureaucratic organizations, Epp casts today’s legalistic state in an entirely new light.
In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume.
Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court’s decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted.
The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance.
Outstanding by the University Press Books for Public and Secondary Schools
Stories pervade our daily lives, from human interest news items, to a business strategy described to a colleague, to daydreams between chores. Stories are what we use to make sense of the world. But how does this work?
In Making Stories, the eminent psychologist Jerome Bruner examines this pervasive human habit and suggests new and deeper ways to think about how we use stories to make sense of lives and the great moral and psychological problems that animate them. Looking at legal cases and autobiography as well as literature, Bruner warns us not to be seduced by overly tidy stories and shows how doubt and double meaning can lie beneath the most seemingly simple case.
Most Americans—even those with significant disability—want to live in their homes and communities. Unpaid family members or friends often work as “informal” caregivers, helping those who need assistance— and many feel they have no option but to serve. In contrast, paid personal assistance services workers (PAS) provide a lifeline to those consumers with complex needs and limited social networks. However, there is a crisis looming in the increasing needs for paid PAS and the limited available PAS workforce.
Making Their Days Happen explores disability, health, and civil rights, along with relevant federal and state labor policies related to personal assistance services. Lisa Iezzoni addresses the legal context of paid PAS as well as financing mechanisms for obtaining home-based personal assistance. She also draws upon interviews she conducted with paid PAS consumers and PAS workers to explore PAS experiences and their perspectives about their work.
Offering recommendations for improving future experiences of PAS consumers and providers, Iezzoni emphasizes that people with disabilities want to be a part of society, and PAS workers who do this low-wage work find satisfaction in helping them achieve their goals.
During the Battle of the Bulge, Waffen SS soldiers shot 84 American prisoners near the Belgian town of Malmedy—the deadliest mass execution of U.S. soldiers during World War II. The bloody deeds of December 17, 1944, produced the most controversial war crimes trial in American history. Drawing on newly declassified documents, Steven Remy revisits the massacre—and the decade-long controversy that followed—to set the record straight.
After the war, the U.S. Army tracked down 74 of the SS men involved in the massacre and other atrocities and put them on trial at Dachau. All the defendants were convicted and sentenced to death or life imprisonment. Over the following decade, however, a network of Germans and sympathetic Americans succeeded in discrediting the trial. They claimed that interrogators—some of them Jewish émigrés—had coerced false confessions and that heat of battle conditions, rather than superiors’ orders, had led to the shooting. They insisted that vengeance, not justice, was the prosecution’s true objective. The controversy generated by these accusations, leveled just as the United States was anxious to placate its West German ally, resulted in the release of all the convicted men by 1957.
The Malmedy Massacre shows that the torture accusations were untrue, and the massacre was no accident but was typical of the Waffen SS’s brutal fighting style. Remy reveals in unprecedented depth how German and American amnesty advocates warped our understanding of one of the war’s most infamous crimes through a systematic campaign of fabrications and distortions.
In nineteenth-century America, the law insisted that marriage was a permanent relationship defined by the husband's authority and the wife's dependence. Yet at the same time the law created the means to escape that relationship. How was this possible? And how did wives and husbands experience marriage within that legal regime? These are the complexities that Hendrik Hartog plumbs in a study of the powers of law and its limits.
Exploring a century and a half of marriage through stories of struggle and conflict mined from case records, Hartog shatters the myth of a golden age of stable marriage. He describes the myriad ways the law shaped and defined marital relations and spousal identities, and how individuals manipulated and reshaped the rules of the American states to fit their needs. We witness a compelling cast of characters: wives who attempted to leave abusive husbands, women who manipulated their marital status for personal advantage, accidental and intentional bigamists, men who killed their wives' lovers, couples who insisted on divorce in a legal culture that denied them that right.
As we watch and listen to these men and women, enmeshed in law and escaping from marriages, we catch reflected images both of ourselves and our parents, of our desires and our anxieties about marriage. Hartog shows how our own conflicts and confusions about marital roles and identities are rooted in the history of marriage and the legal struggles that defined and transformed it.
As millions of Americans are aware, health care costs continue to increase rapidly. Much of this increase is due to the development of new life-sustaining drugs and procedures, but part of it is due to the increased monopoly power of physicians, insurance companies, and hospitals, as the health care sector undergoes reorganization and consolidation. There are two tools to limit the growth of monopoly power: government regulation and antitrust policy. In this timely book, Deborah Haas-Wilson argues that enforcement of the antitrust laws is the tool of choice in most cases.
The antitrust laws, when wisely enforced, permit markets to work competitively and therefore efficiently. Competitive markets foster low prices and high quality. Applying antitrust tools wisely, however, is a tricky business, and Haas-Wilson carefully explains how it can be done. Focusing on the economic concepts necessary to the enforcement of the antitrust laws in health care markets, Haas-Wilson provides a useful roadmap for guiding the future of these markets.
Taken for granted as the natural order of things, peace at sea is in fact an immense and recent achievement—but also an enormous strategic challenge if it is to be maintained in the future. In Maritime Strategy and Global Order, an international roster of top scholars offers historical perspectives and contemporary analysis to explore the role of naval power and maritime trade in creating the international system.
The book begins in the early days of the industrial revolution with the foundational role of maritime strategy in building the British Empire. It continues into the era of naval disorder surrounding the two world wars, through the passing of the Pax Britannica and the rise of the Pax Americana, and then examines present-day regional security in hot spots like the South China Sea and Arctic Ocean. Additional chapters engage with important related topics such as maritime law, resource competition, warship evolution since the end of the Cold War, and naval intelligence.
A first-of-its-kind collection, Maritime Strategy and Global Order offers scholars, practitioners, students, and others with an interest in maritime history and strategic issues an absorbing long view of the role of the sea in creating the world we know.
What did it mean to be a wife, woman, or slave in a society in which a land-owning woman was forbidden to lay with her male slave but the same slave might be allowed to take concubines? Jurists of the nascent Maliki, Hanafi, and Shafi‘i legal schools frequently compared marriage to purchase and divorce to manumission. Juggling scripture, precedent, and custom on one hand, and the requirements of logical consistency on the other, legal scholars engaged in vigorous debate. The emerging consensus demonstrated a self-perpetuating analogy between a husband’s status as master and a wife’s as slave, even as jurists insisted on the dignity of free women and, increasingly, the masculine rights of enslaved husbands.
Marriage and Slavery in Early Islam presents the first systematic analysis of how these jurists conceptualized marriage—its rights and obligations—using the same rhetoric of ownership used to describe slavery. Kecia Ali explores parallels between marriage and concubinage that legitimized sex and legitimated offspring using eighth- through tenth-century legal texts. As the jurists discussed claims spouses could make on each other—including dower, sex, obedience, and companionship–they returned repeatedly to issues of legal status: wife and concubine, slave and free, male and female.
Complementing the growing body of scholarship on Islamic marital and family law, Ali boldly contributes to the ongoing debates over feminism, sexuality, and reform in Islam.
The Mongol conquest of China in the thirteenth century and Khubilai Khan’s founding of the Yuan dynasty brought together under one government people of different languages, religions, and social customs. Chinese law evolved rapidly to accommodate these changes, as reflected in the great compendium Yuan dianzhang (Statutes and Precedents of the Yuan Dynasty). The records of legal cases contained in this seminal text, Bettine Birge shows, paint a portrait of medieval Chinese family life—and the conflicts that arose from it—that is unmatched by any other historical source.
Marriage and the Law in the Age of Khubilai Khan reveals the complex, sometimes contradictory inner workings of the Mongol-Yuan legal system, seen through the prism of marriage disputes in chapter eighteen of the Yuan dianzhang, which has never before been translated into another language. Birge’s meticulously annotated translation clarifies the meaning of terms and passages, some in a hybrid Sino-Mongolian language, for specialists and general readers alike. The text includes court testimony—recorded in the vivid vernacular of people from all social classes—in lawsuits over adultery, divorce, rape, wife-selling, marriages of runaway slaves, and other conflicts. It brings us closer than any other source to the actual Mongolian speech of Khubilai and the great khans who succeeded him as they struggled to reconcile very different Mongol, Muslim, and Chinese legal traditions and confront the challenges of ruling a diverse polyethnic empire.
With forced marriage, as with so many human rights issues, the sensationalized hides the mundane, and oversimplified popular discourses miss the range of experiences. In sub-Saharan Africa, the relationship between coercion and consent in marriage is a complex one that has changed over time and place, rendering impossible any single interpretation or explanation.
The legal experts, anthropologists, historians, and development workers contributing to Marriage by Force? focus on the role that marriage plays in the mobilization of labor, the accumulation of wealth, and domination versus dependency. They also address the crucial slippage between marriages and other forms of gendered violence, bondage, slavery, and servile status.
Only by examining variations in practices from a multitude of perspectives can we properly contextualize the problem and its consequences. And while early and forced marriages have been on the human rights agenda for decades, there is today an unprecedented level of international attention to the issue, thus making the coherent, multifaceted approach of Marriage by Force? even more necessary.
Marshall and Taney was first published in 1939. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.
The tides of social, political, and economic conflict will surge more violently about the Supreme Court in the future than they have in the past. Constantly larger numbers of the people are becoming aware of the tremendous power of the court as final interpreter of the constitution as a check upon Congress and the executive, and as guardian of individuals and minorities against governmental power. As a president of the American Bar Association has said, "Producers of potatoes in Maine, peanuts in Virginia, cotton in South Carolina, cane sugar in Louisiana, wheat in Kansas, corn in Iowa, peaches in Georgia, oranges in California, and thousands of small local enterprises everywhere are coming more and more to realize that their own bread and butter is seriously affected by the personnel of the Supreme Court.
Since public opinion rules in America, the place that the court will occupy in the scheme of things will be determined by the thought and emotions of the people. Thought and emotion alike will, in turn, depend largely upon popular conceptions of the part played by the court. Those conceptions cannot be accurate without a knowledge of the functioning of the individual judge.
We can better comprehend present and future judges if we understand why past ones acted officially as they did. This study contributes materially to that understanding.
In the light of history and the law, Ben W. Palmer has made a clear and thought provoking analysis of the judicial function, indicated revolutionary changes in the law. In the sharply etched portraits of the two chief justices who molded American constitutional law in its formative stages, he has shown how and why these two men affect lawyer and laymen today.
"Law," says historian-lawyer Palmer, "like religion, government, art, science, receives its meaning and value, not because of what it has been or is, but because of what it accomplishes as an instrument for the benefit of humanity."
"The judge's most essential and unavoidable function," thinks Dr. Palmer, "is the attempt to reconcile the contending principles of liberty and order. He stands between rule and discretion, the strict law and one tempered by time, circumstance, abstract justice, popular feeling—all crying out for relaxation of the rule. He must stand between Shylock, with his shining knife of legal right, and the victim who calls to his compassion."
The traditional definition of torts involves bizarre, idiosyncratic events where a single plaintiff with a physical impairment sues the specific defendant he believes to have wrongfully caused that malady. Yet public attention has focused increasingly on mass personal-injury lawsuits over asbestos, cigarettes, guns, the diet drug fen-phen, breast implants, and, most recently, Vioxx. Richard A. Nagareda’s Mass Torts in a World of Settlement is the first attempt to analyze the lawyer’s role in this world of high-stakes, multibillion-dollar litigation.
These mass settlements, Nagareda argues, have transformed the legal system so acutely that rival teams of lawyers operate as sophisticated governing powers rather than litigators. His controversial solution is the replacement of the existing tort system with a private administrative framework to address both current and future claims. This book is a must-read for concerned citizens, policymakers, lawyers, investors, and executives grappling with the changing face of mass torts.
Mastering Boston Harbor chronicles how America's most glorious and historically significant harbor was rescued from decades of pollution and neglect by a community of caring citizens who were linked to an environmentally committed judge and his special harbor master. This dynamic public-private team shaped novel legal and political procedures for governing and restoring the harbor.
Charles Haar provides a fascinating study of the convergence of judicial supervision with political, environmental, financial, and technological interests. He challenges those who will instantly decry an "activist" judiciary and pulls back the curtain on the serious problems a court faces when it must grapple with an intractable problem affecting public interest. Haar demonstrates that at times only a resolute judiciary can energize and coordinate the branches of government to achieve essential contemporary social goals--goals that are endorsed and supported by a majority whose voice is often ignored in legislative and executive back rooms.
Because of his experience as special master in the dispute, Haar provides the reader with an insider's view of a modern brand of judicial decision-making that is not anti-majoritarian, and could be applied to similar crises in which the legislative and executive branches of government are impotent. Citizens concerned about the conflict between unbridled economic liberty and environmental protection will gain important insight from this eyewitness account of how the "harbor of shame" became a vibrant focal point for the renewal of Boston as a world-class city.
Law is part of the process by which people construct their views of the world. In Material Law, distinguished scholar John Brigham focuses on the places where law and material life intersect, and how law creates and alters our social reality. Brigham looks at an eclectic group of bodies and things—from maps and territories and trends in courthouse architecture to a woman’s womb and a judge’s body—to make connections between the material and the legal.
Theoretically sophisticated, and consistently fascinating, Material Law integrates law and society, political science, and popular culture in a truly interdisciplinary fashion. Brigham examines how the meaning of law is influenced by politics, reviewing, for example, whether the authority of global law supersedes that of national law in the context of Anglo-American cultural colonialism. What emerges is a well-reasoned look at how the authority of law constitutes what we see as real in our lives.
This is a book about the interplay of urgent political issues and hotly debated questions of moral philosophy. The controversies it joins are old; but history has given them fresh shape. For example, whether judges should and do make law is now of more practical importance than ever before, as recent presidents have appointed enough justices to the Supreme Court to set its character for a generation.
With forceful style, Ronald Dworkin addresses questions about the Anglo-American legal system as protector of individual rights and as machinery for furthering the common good. He discusses whether judges should make political decisions in hard cases; the balancing of individual rights versus the good of the community; whether a person has the right to do what society views as wrong; and the meaning of equality in any framework of social justice. Dworkin strongly opposes the idea that judges should aim at maximizing social wealth. It is his conviction that the area of discretion for judges is severely limited, that in a mature legal system one can always find in existing law a “right answer” for hard cases.
Dworkin helps us thread our way through many timely issues such as the rights and privileges of the press under the First Amendment. He reviews the Bakke case, which tested affirmative action programs. These essays also examine civil disobedience, especially in nuclear protests, and bring new perspective to the debate over support of the arts.
Above all, this is a book about the interplay between two levels of our political consciousness: practical problems and philosophical theory, matters of urgency and matters of principle. The concluding essay on press freedom expands the discussion of conflict between principle and policy into a warning. Though some defenders of the press blend the two in order to expand freedom of speech, the confusion they create does disservice to their aim and jeopardizes the genuine and fragile right of free speech. We stand in greater danger of compromising that right than of losing the most obvious policy benefits of powerful investigative reporting and should therefore beware the danger to liberty of confusing the two. The caution is general. If we care so little for principle that we dress policy in its colors when this suits our purpose, we cheapen principle and diminish its authority.
Shortly after 9:00 a.m. on May 27, 1947, the first of forty-nine men condemned to death for war crimes at Mauthausen concentration camp mounted the gallows at Landsberg prison near Munich. The mass execution that followed resulted from an American military trial conducted at Dachau in the spring of 1946—a trial that lasted only thirty-six days and yet produced more death sentences than any other in American history.
The Mauthausen trial was part of a massive series of proceedings designed to judge and punish Nazi war criminals in the most expedient manner the law would allow. There was no doubt that the crimes had been monstrous. Yet despite meting out punishment to a group of incontestably guilty men, the Mauthausen trial reveals a troubling and seldom-recognized face of American postwar justice—one characterized by rapid proceedings, lax rules of evidence, and questionable interrogations.
Although the better-known Nuremberg trials are often regarded as epitomizing American judicial ideals, these trials were in fact the exception to the rule. Instead, as Tomaz Jardim convincingly demonstrates, the rough justice of the Mauthausen trial remains indicative of the most common—and yet least understood—American approach to war crimes prosecution. The Mauthausen Trial forces reflection on the implications of compromising legal standards in order to guarantee that guilty people do not walk free.
Ever since it was made known to English-speaking readers by R. H. Tawney and Tolcott Parsons, the thought of Max Weber has attracted increasing attention among students of sociology, history, economics, jurisprudence, political science, and political philosophy. His far-flung ideas were systematically brought together in his last book, Economy and Society, the major part of which was not published until after his death in 1921. Of this most comprehensive and significant of all of Weber’s writings, only the Introductory Part has so far been available in English.
The present book contains an English translation of those parts of Economy and Society in which Weber investigates the relationship between the social phenomenon “law” and the other spheres of social life, especially the economic and the political. The translation, by Edward A. Shils and Max Rheinstein, is accompanied by an extensive introduction and explanatory and bibliographical notes by Max Rheinstein. The Introduction will acquaint the reader with the problems of sociology of law in general and with Weber’s approach and methods in particular. The notes are meant to help the reader understand Weber’s wide-ranging references to institutions of Western and Oriental systems of law of both past and present; they also contain references to the sources used by Weber and to later literature which will help the reader evaluate Weber’s statements and conclusions.
Max Weber’s main problem was to discover the causes of the rise of modern capitalism. In his discussions of the law he is primarily concerned with finding what features of Western law, if any, were favorable to the development of the capitalistic economy and in what ways this economy has reacted upon methods of legal thought. Is logical rationality, peculiar to certain parts of the Western world, connected with that rational method of economic thought which is characteristic of Western capitalism? His concern with methods of legal thought renders Weber’s ideas specially significant for present American and English jurisprudence.
Among the other problems he discusses are those of freedom of contract, its origins, its rise and its place among the institutions of capitalist and non-capitalist societies; the development of rational processes of law making; the connections between kinds of legal thought and the types of social functionaries by whom law is shaped in a given society; the social factors favoring or counteracting codification; and the economic and political significance of ideas of natural law.
A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year.
The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients.
The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.
From practical to philosophical considerations, this succinct, clear presentation of medical malpractice issues is a valuable resource for the classroom and the reference shelf. Frank M. McClellan illustrates the multitude of considerations that impact the merit of each case, never losing sight of the importance of preserving human dignity in malpractice lawsuits.
Early chapters urge the evaluation of legal, medical, and ethical standards, especially the Standard of Care. Part II focuses on assessing and proving compensatory and punitive damages, Part III sets out guidelines for intelligence gathering, medical research, choosing expert witnesses, and preparing for trial.
Students of law, medicine, and public health, as well as lawyers and health care professionals, will find in Medical Malpractice a valuable text or reference book. "Problems" in twelve of the thirteen chapters illustrate the range of issues that can arise in malpractice suits. An appendix lists leading cases that have shaped medical malpractice law.
Medical malpractice has been at the center of recurring tort crises for the last quarter-century. In 1960, expenditures on medical liability insurance in the United States amounted to about $60 million. In 1988, the figure topped $7 billion. Physicians have responded not simply with expensive methods of "defensive medicine" but also with successful pressure upon state legislatures to cut back on the tort rights of seriously injured patients. Various reforms have been proposed to deal with the successive crises, but so far none have proved to be effective and fair.
In this landmark book, Paul Weiler argues for a two-part approach to the medical malpractice crisis. First, he proposes a thorough revision of the current tort liability regime, which would concentrate available resources on meeting actual financial losses of seriously injured victims. It would also shift the focus of tort liability from the individual doctor to the hospital or other health care organization. This would elicit more effective quality assurance programs from the institutions that are in the best position to reduce our current unacceptable rate of physician-induced injuries.
But in states such as New York, Florida, and Illinois, where the current situation seems to have gone beyond the help of even drastic tort reform, the preferred solution is a no-fault system. Weiler shows how such a system would provide more equitable compensation, more effective prevention, and more economical administration than any practical alternative.
As Hill explains, labor defense activists first drew on populist logic, opposing the masses to the state in their campaigns, while anti-lynching activists went in the opposite direction, castigating “the mob” and appealing to the law. Showing that this difference stems from the different positions of whites and Blacks in the American legal system, Hill’s comparison of anti-lynching organizing and radical labor defenses reveals the conflicts and intersections between antiracist struggle and socialism in the United States.
The Japanese Army committed numerous atrocities during its pitiless campaigns in China from 1931 to 1945. When the Chinese emerged victorious with the Allies at the end of World War II, many seemed ready to exact retribution for these crimes. Rather than resort to violence, however, they chose to deal with their former enemy through legal and diplomatic means. Focusing on the trials of, and policies toward, Japanese war criminals in the postwar period, Men to Devils, Devils to Men analyzes the complex political maneuvering between China and Japan that shaped East Asian realpolitik during the Cold War.
Barak Kushner examines how factions of Nationalists and Communists within China structured the war crimes trials in ways meant to strengthen their competing claims to political rule. On the international stage, both China and Japan propagandized the tribunals, promoting or blocking them for their own advantage. Both nations vied to prove their justness to the world: competing groups in China by emphasizing their magnanimous policy toward the Japanese; Japan by openly cooperating with postwar democratization initiatives. At home, however, Japan allowed the legitimacy of the war crimes trials to be questioned in intense debates that became a formidable force in postwar Japanese politics.
In uncovering the different ways the pursuit of justice for Japanese war crimes influenced Sino-Japanese relations in the postwar years, Men to Devils, Devils to Men reveals a Cold War dynamic that still roils East Asian relations today.
"Could I be sued?" The exploding number of malpractice lawsuits in recent years has brought this question to the mind of every clinician---the conscientious as well as the negligent.
A unique and practical guide to clinical risk management, this book combines the expertise of mental health professionals, judges, attorneys, and insurance industry experts, to help the clinician provide effective treatment while reducing the risk of legal liability. Wide-ranging, clinically based, and up to date, it will be a welcome guide for medical and surgical practitioners as well.
The first section gives clinicians a working knowledge of legal regulation in psychiatry and medicine, covering informed consent, documentation of patient care, and potential conflicts of interest. The second section identifies high-risk areas for lawsuits, including managing suicidal and violent patients, boundary violations, supervision issues, prescription of medications, liability in managed care settings, and treatment termination. The book concludes with a primer on clinical testimony in the courtroom.
The broad range of distinguished contributors to this volume will provide a survival guide to clinicians in the increasingly complex and rapidly changing world of health care.
A generation has passed since a physician first noticed that women who drank heavily while pregnant gave birth to underweight infants with disturbing tell-tale characteristics. Women whose own mothers enjoyed martinis while pregnant now lost sleep over a bowl of rum raisin ice cream. In Message in a Bottle, Janet Golden charts the course of Fetal Alcohol Syndrome (FAS) through the courts, media, medical establishment, and public imagination.
Long considered harmless during pregnancy (doctors even administered it intravenously during labor), alcohol, when consumed by pregnant women, increasingly appeared to be a potent teratogen and a pressing public health concern. Some clinicians recommended that women simply moderate alcohol consumption; others, however, claimed that there was no demonstrably safe level for a developing fetus, and called for complete abstinence. Even as the diagnosis gained acceptance and labels appeared on alcoholic beverages warning pregnant women of the danger, FAS began to be de-medicalized in some settings. More and more, FAS emerged in court cases as a viable defense for people charged with serious, even capital, crimes and their claims were rejected.
Golden argues that the reaction to FAS was shaped by the struggle over women's relatively new abortion rights and the escalating media frenzy over "crack" babies. It was increasingly used as evidence of the moral decay found within marginalized communities--from inner-city neighborhoods to Indian reservations. With each reframing, FAS became a currency traded by politicians and political commentators, lawyers, public health professionals, and advocates for underrepresented minorities, each pursuing separate aims.
Each chapter highlights historical contexts, relevant laws, and policy concerns for a specific issue and features abridged versions of significant state and federal cases involving Mexican Americans. Beginning with People v. Zammora (1940), the trial that was a precursor to the Zoot Suit Riots in Los Angeles during World War II, the authors lead students through some of the most important and precedent-setting cases in American law:
- Educational equality: from segregation concerns in Méndez v. Westminster (1946) to unequal funding in San Antonio Independent School District vs. Rodríguez (1973)
- Gender issues: reproductive rights in Madrigal v. Quilligan (1981), workplace discrimination in EEOC v. Hacienda Hotel (1989), sexual violence in Aguirre-Cervantes v. INS (2001)
- Language rights: Ýñiguez v. Arizonans for Official English (1995), García v. Gloor (1980), Serna v. Portales Municipal Schools (1974)
- Immigration-: search and seizure questions in U.S. v. Brignoni-Ponce (1975) and U.S. v. Martínez-Fuerte (1976); public benefits issues in Plyler v. Doe (1982) and League of United Latin American Citizens v. Wilson (1997)
- Voting rights: redistricting in White v. Regester (1973) and Bush v. Vera (1996)
- Affirmative action: Hopwood v. State of Texas (1996) and Coalition for Economic Equity v. Wilson (1997)
- Criminal justice issues: equal protection in Hernández v. Texas (1954); jury service in Hernández v. New York (1991); self incrimination in Miranda v. Arizona (1966); access to legal counsel in Escobedo v. Illinois (1964)
With coverage as timely as the 2003 Supreme Court decision on affirmative action, Mexican Americans and the Law offers invaluable insight into legal issues that have impacted Mexican Americans, other Latinos, other racial minorities, and all Americans. Discussion questions, suggested readings, and Internet sources help students better comprehend the intricacies of law.
In 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems. More than ten years later, the case is still the defining antitrust litigation of our era. William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare.
The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies. They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age.
“This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University
The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century.
Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar.
Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.
Minding Justice offers a comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities. Using famous cases such as those of John Hinckley, Andrea Yates, and Theodore Kaczynski, the book analyzes the insanity defense and related doctrines, the role of mental disability in sentencing, the laws that authorize commitment of "sexual predators" and others thought to be a threat to society, and the rules that restrict participation of mentally compromised individuals in the criminal and treatment decision-making processes.
Arguing that current legal doctrines are based on flawed premises and ignorance of the impairments caused by mental disability, Christopher Slobogin makes a case for revamping the insanity defense, abolishing the "guilty but mentally ill" verdict, prohibiting execution of people with mental disability, restructuring preventive detention, and redefining incompetency. A milestone in criminal mental health law, Minding Justice provides innovative solutions to ancient problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.
In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty.
Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains.
But a culture's stock of stories is not changeless.
Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century.
A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law will be welcomed by a new generation concerned with renewing law's commitment to a humane justice.
Like the canaries that alerted miners to a poisonous atmosphere, issues of race point to underlying problems in society that ultimately affect everyone, not just minorities. Addressing these issues is essential. Ignoring racial differences--race blindness--has failed. Focusing on individual achievement has diverted us from tackling pervasive inequalities. Now, in a powerful and challenging book, Lani Guinier and Gerald Torres propose a radical new way to confront race in the twenty-first century.
Given the complex relationship between race and power in America, engaging race means engaging standard winner-take-all hierarchies of power as well. Terming their concept "political race," Guinier and Torres call for the building of grass-roots, cross-racial coalitions to remake those structures of power by fostering public participation in politics and reforming the process of democracy. Their illuminating and moving stories of political race in action include the coalition of Hispanic and black leaders who devised the Texas Ten Percent Plan to establish equitable state college admissions criteria, and the struggle of black workers in North Carolina for fair working conditions that drew on the strength and won the support of the entire local community.
The aim of political race is not merely to remedy racial injustices, but to create truly participatory democracy, where people of all races feel empowered to effect changes that will improve conditions for everyone. In a book that is ultimately not only aspirational but inspirational, Guinier and Torres envision a social justice movement that could transform the nature of democracy in America.
American law schools extol democracy but teach little about its most basic institution, the Congress. Interpreting statutes is lawyers’ most basic task, but law professors rarely focus on how statutes are made. This misguided pedagogy, says Victoria Nourse, undercuts the core of legal practice. It may even threaten the continued functioning of American democracy, as contempt for the legislature becomes entrenched in legal education and judicial opinions. Misreading Law, Misreading Democracy turns a spotlight on lawyers’ and judges’ pervasive ignorance about how Congress makes law.
Victoria Nourse not only offers a critique but proposes reforming the way lawyers learn how to interpret statutes by teaching legislative process. Statutes are legislative decisions, just as judicial opinions are decisions. Her approach, legislative decision theory, reverse-engineers the legislative process to simplify the task of finding Congress’s meanings when statutes are ambiguous. This theory revolutionizes how we understand legislative history—not as an attempt to produce some vague notion of legislative intent but as a surgical strike for the best evidence of democratic context.
Countering the academic view that the legislative process is irrational and unseemly, Nourse makes a forceful argument that lawyers must be educated about the basic procedures that define how Congress operates today. Lawmaking is a sequential process with political winners and losers. If lawyers and judges do not understand this, they may well embrace the meanings of those who opposed legislation rather than those who supported it, making legislative losers into judicial winners, and standing democracy on its head.
For decades, Singapore's gay activists have sought equality and justice in a state where law is used to stifle basic civil and political liberties. In her groundbreaking book, Mobilizing Gay Singapore, Lynette Chua asks, what does a social movement look like in an authoritarian state? She takes an expansive view of the gay movement to examine its emergence, development, strategies, and tactics, as well as the roles of law and rights in social processes.
Chua tells this important story using in-depth interviews with gay activists, observations of the movement's activities-including "Pink Dot" events, where thousands of Singaporeans gather in annual celebrations of gay pride-movement documents, government statements, and media reports. She shows how activists deploy "pragmatic resistance" to gain visibility and support, tackle political norms that suppress dissent, and deal with police harassment, while avoiding direct confrontations with the law.
Mobilizing Gay Singapore also addresses how these brave, locally engaged citizens come out into the open as gay activists and expand and diversify their efforts in the global queer political movement.
Mark Sidel is Associate Professor of Law at the University of Iowa and a research scholar at the University's Obermann Center for Advanced Studies.
On a daily basis we are confronted with "more speech, not less"—more news reports, more television channels, more publications, more electronic communications. Communications laws have expanded in response to the proliferation of communications, and these laws affect everyone.
Communications lawyer Mark Sableman uses recent case studies, practical examples, and plain language to describe and analyze the broad spectrum of modern communications laws and policies. In these essays, Sableman helps communications professionals as well as informed citizens understand the law.
The constitutional foundation for the information age is settled: radical solutions on either side have been rejected. Neither First Amendment absolutism nor untrammeled content-based censorship will rule in America. But within the remaining middle area, many key policy choices are being made by courts and policy makers. Intricate webs of legal do’s and don’ts, practical pitfalls, and effective safe harbors are being developed across the broad spectrum of communications law.
In this guide to existing law, developing trends, and critical policy determinations, Sableman discusses privacy, Internet communications and policy, censorship, libel and slander, copyright and intellectual property, advertising, broadcasting, and journalistic confidentiality. Through actual cases and practical examples, he examines and explains both the existing rules for communications professionals and the developing policies that deserve the attention and scrutiny of informed citizens. Sableman approaches these subjects as a practicing lawyer experienced in both business and media communications.
The phrase "more speech, not less" describes not only the growing cacophony of the information age, but also one approach to legal policy—Justice Louis D. Brandeis’s preference for "more speech, not enforced silence" in all but the most extreme situations. Drawing from his strong advocacy of free speech, Sableman hopes to stimulate informed debate among all who are concerned about the power of information and the magic of words and images.
Beloved by academic and general readers alike, Mountains Without Handrails, Joseph L. Sax’s thought-provoking treatise on America’s national parks, remains as relevant today as when first published in 1980. Focusing on the long-standing and bitter battles over recreational use of our parklands, Sax proposes a novel scheme for the protection and management of America's national parks. Drawing upon still controversial disputes—Yosemite National Park, the Colorado River in the Grand Canyon, and the Disney plan for California's Mineral King Valley—Sax boldly unites the rich and diverse tradition of nature writing into a coherent thesis that speaks directly to the dilemma of the parks.
In a new foreword, environmental law scholar Holly Doremus articulates this book’s enduring importance and reflects on what Sax, her former teacher, might have thought about the encroachment of technology into natural spaces, the impact of social media, and growing threats from climate change. At this moment of great uncertainty for the national parks, Mountains Without Handrails should be read (and re-read) by anyone with a stake in America’s natural spaces.
Focusing on the long-standing and bitter battles over recreational use of our national parklands, Joseph L. Sax proposes a novel scheme for the protection and management of America's national parks. Drawing upon the most controversial disputes of recent years---Yosemite National Park, the Colorado River in the Grand Canyon, and the Disney plan for California's Mineral King Valley---Sax boldly unites the rich and diverse tradition of nature writing into a coherent thesis that speaks directly to the dilemma of the parks.
Today, when a single person can turn an airplane into a guided missile, no one objects to rigorous security before flying. But can the state simply declare some people too dangerous to travel, ever and anywhere? Does the Constitution protect a fundamental right to travel? Should the mode of travel (car, plane, or boat) or itinerary (domestic or international) make a constitutional difference? This book explores the legal and policy questions raised by government travel restrictions, from passports and rubber stamps to computerized terrorist watchlists.
In tracing the history and scope of U.S. travel regulations, Jeffrey Kahn begins with the fascinating story of Mrs. Ruth Shipley, a federal employee who almost single-handedly controlled access to passports during the Cold War. Kahn questions how far national security policies should go and whether the government should be able to declare some individuals simply too dangerous to travel. An expert on constitutional law, Kahn argues that U.S. citizens’ freedom to leave the country and return is a fundamental right, protected by the Constitution.
The essays in Murder and Its Consequences span several periods in the history of capital punishment in America and the professional career of Leigh Bienen, a leading researcher on the death penalty. “A Good Murder” describes the subtle relationship between high-profile murders and the death penalty, while “The Proportionality Review of Capital Cases” places the well-known study of proportionality in New Jersey within a nationwide context.
“Anomalies” suggests that the arcane protocols written for lethal injection have little to do with insuring humane executions, but rather are concerned with protecting the sensibilities of witnesses and the liability of corrections officials. Other essays address the groundbreaking developments surrounding the death penalty in Illinois, and take a retrospective look at the evolution of her own and the country’s thinking about this complex, divisive topic.
When murder is the crime, the clash in the courts is likely to be between two constitutionally enshrined rights—freedom of speech and the right to a fair trial.
Peter E. Kane shows what happened in seven famous court cases when First Amendment rights (concerning freedom of speech) conflicted with Sixth Amendment rights (concerning fair trial). He reports the circumstances of each crime, the court proceedings, and the conduct of the press in the trials of Sam Sheppard, Charles Manson and his followers, John Paul Stevenson, Claus von Bülow, and Arthur Shawcross and the cases involving the Kellie family and the Wayne Clapp murders. Kane’s narrative and analytical approach illuminates legal principles and shows the roles of actual human beings underlying the abstractions of court opinions.
In this revised and expanded edition, Kane considers two new topics stemming from recent court cases: cameras in the courtroom and a code of ethics for crime reporting. Kane explores the issue of cameras through the famous Claus von Bülow retrial, which featured live television broadcasts; regarding a journalistic code, Kane examines the massive pretrial reporting of the serial murders of Arthur Shawcross. Kane notes that sensational crime stories serve the interests of many people: the public wants to read them; journalists want to write them because they can make a reporter’s fortune and reputation; and editors and publishers want to sell papers. The sensational crime story serves everyone’s purpose except that of the accused.
In addition to exploring journalistic ethics and the proper procedures for trial judges in guaranteeing a fair trial, these cases also provide an introduction to the operation of the courts in criminal justice. "The trial court is the arena in which the conflicts between a free press and a fair trial are played out," Kane writes. "This play is described here as are the subsequent evaluations of that play by the appellate courts. Thus the legal process is considered from its beginning with the original crime to the final resolution of the case in the United States Supreme Court."
Embarking on a unique study of Roman criminal law, Judy Gaughan has developed a novel understanding of the nature of social and political power dynamics in republican government. Revealing the significant relationship between political power and attitudes toward homicide in the Roman republic, Murder Was Not a Crime describes a legal system through which families (rather than the government) were given the power to mete out punishment for murder.
With implications that could modify the most fundamental beliefs about the Roman republic, Gaughan's research maintains that Roman criminal law did not contain a specific enactment against murder, although it had done so prior to the overthrow of the monarchy. While kings felt an imperative to hold monopoly over the power to kill, Gaughan argues, the republic phase ushered in a form of decentralized government that did not see itself as vulnerable to challenge by an act of murder. And the power possessed by individual families ensured that the government would not attain the responsibility for punishing homicidal violence.
Drawing on surviving Roman laws and literary sources, Murder Was Not a Crime also explores the dictator Sulla's "murder law," arguing that it lacked any government concept of murder and was instead simply a collection of earlier statutes repressing poisoning, arson, and the carrying of weapons. Reinterpreting a spectrum of scenarios, Gaughan makes new distinctions between the paternal head of household and his power over life and death, versus the power of consuls and praetors to command and kill.
A Muslim Primer covers the basic beliefs of Islam and provides an informative source for both lay and professional readers. First published in 1992, it has proven to be a valuable handbook for all attempting to better understand the tenets of the religion of a major portion of the world’s population. The reader is introduced to the authority of the Quran, the prophethood of Muhammad, the Wisdom of the Law, the Five Pillars of Islam, and to other fundamental principles of the religion. Distinctions are made between Sunni and Shiite traditions and the Sufi mystical dimension of Islam.
Well organized, visually appealing, and accurate, A Muslim Primer is useful to pre-collegiate and collegiate students of Islam, church and community study groups, and travelers, both tourists and business people.
Kenya’s Muslim population comprises ethnic Arabs, Indians, and black Africans, and its status has varied historically. Under British rule, an imposed racial hierarchy affected Muslims particularly, thwarting the development of a united political voice. Drawing on a broad range of interviews and historical research, Ndzovu presents a nuanced picture of political associations during the postcolonial period and explores the role of Kenyan Muslims as political actors.
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