We speak of rights as though they are objective matters of fact that have a crucial bearing on how we ought to behave. Yet few, if any, rights are universally acknowledged without wide differences of meaning. Instead, they usually represent the particular ideals of the individuals or groups that claim them. Theories of rights have always grappled with this central problem, but none of the literature on the subject has offered a satisfactory solution. Lloyd Weinreb makes the first significant advance toward an understanding of what rights are, how they function in our lives, and why we need them.

Weinreb’s central argument is that rights are tightly connected to responsibility. They are the normative constituents of persons, attributes that we have rightly, as our due. As such, they enable us to overcome the antinomy of moral freedom and natural causal order. Without them, we could not regard human beings as persons, that is, as free and responsible, or autonomous. Since responsibility is a structural feature of our experience and a matter of fact, rights too are matters of fact.

Against a review of the current debates on the subject, Weinreb fully elaborates his original argument on the nature of rights and finds the source of concrete rights in the nomos, or deep conventions, of a community. Applying his theory, he shows how it helps to answer specific questions about animal rights, human rights—including, in the context of abortion and capital punishment, the right to life—and civil rights, including particularly rights of the handicapped, gay rights, and affirmative action in contemporary American society. Along the way, Weinreb shows that Oedipus and Roger Clemens have more in common than either would probably have supposed.

This highly original work will significantly redirect the study of rights. It will be especially valuable to those who practice or study law, philosophy, politics, and public policy.

The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct.

At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options.

In a field still dominated by a frontier perspective, this book has the potential to be a real game changer. Armed with example after example of harassment in Internet chat rooms and forums, the authors detail some of the vile and hateful speech that the current combination of law and technology has bred. The facts are then treated to analysis and policy prescriptions. Read this book and you will never again see the Internet through rose-colored glasses.

Archbishop Wulfstan of York (d. 1023) was a powerful clergyman and the most influential political thinker of pre-Conquest England. An advocate for the rights and privileges of the Church, he authored the laws of King Aethelred and King Cnut in prose that combined the rhetorical flourishes of a master homilist with the language of law. Some works forged a distinctive style by adding rhythm and alliteration drawn from Old English poetry. In the midst of Viking invasions and cultural upheaval, Wulfstan articulated a complementary relationship between secular and ecclesiastical law that shaped the political world of eleventh-century England. He also pushed the clergy to return to the ideals of their profession. Old English Legal Writings is the first publication to bring together Wulfstan’s works on law, church governance, and political reform. When read together, they reveal the scope and originality of his thought as it lays out the mutual obligations of the church, the state, and the common people. This volume presents new editions of the Old English texts alongside new English translations.

Colm Tóibín’s personal account of encountering James Baldwin’s work, published in Baldwin’s centenary year.
 
Acclaimed Irish novelist Colm Tóibín first read James Baldwin just after turning eighteen. He had completed his first year at an Irish university and was struggling to free himself from a religious upbringing. He had even considered entering a seminary and was searching for literature that would offer illumination and insight. Inspired by the novel Go Tell It on the Mountain, Tóibín found a writer who would be a lifelong companion and exemplar.  

Tóibín appreciates Baldwin, writer to writer:

Baldwin was interested in the hidden and dramatic areas in his own being, and was prepared as a writer to explore difficult truths about his own private life. In his fiction, he had to battle for the right of his protagonists to choose or influence their destinies. He knew about guilt and rage and bitter privacies in a way that few of his White novelist contemporaries did. And this was not simply because he was Black and homosexual; the difference arose from the very nature of his talent, from the texture of his sensibility. “All art,” he wrote, “is a kind of confession, more or less oblique. All artists, if they are to survive, are forced, at last, to tell the whole story, to vomit the anguish up.”

On James Baldwin is a magnificent contemporary author’s tribute to one of his most consequential literary progenitors.

This collection of essays by Paul Freund, written over the past ten years, is divided into three parts. The first presents an appraisal of recent movements in constitutional law, putting contemporary criticism of the Supreme Court in historical perspective. The second part undertakes an analysis of the meaning of justice and rationality in judicial decisions, drawing on a wide range of illustrative cases. In the third group of essays, the author turns to the work of a number of distinguished judges—among them Chief Justice Stone and Justices Brandeis, Frankfurter, Jackson, and Black—and seeks to interpret their diverse approaches to the judicial function. Throughout the book, Freund is concerned with values in conflict, and the possibilities of their accommodation through the resources of the legal process.

Our Constitution speaks in general terms of “liberty” and “property,” of the “privileges and immunities” of citizens, and of the “equal protection of the laws”—open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume’s authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Justice is simultaneously a practical and an ideal concept: when we think of justice, we refer to its day-to-day administration, involving police, lawyers, judges, and politicians-but we also refer to a larger ideal, a set of basic values that guide our attempts to live together and balance competing interests, obligations, and freedoms. If we lose sight of the practical, the ideal will fail-but if we forget the ideal, the practical becomes pointless.On Rules is the culmination of decades of thinking about and working within the law as both ideal and realm of practical action. Gherardo Colombo brings to his rich philosophical analysis of the culture of justice thirty years of experience in the Italian judiciary, which saw him head up numerous important and sensitive commissions and inquiries. His exploration of the concept and application of rules of justice is powerful and clear: if we don't root our experience in a fundamental respect for rules, we cannot have a functioning, just society.

Harvard Law School is the oldest and, arguably, the most influential law school in the nation. U.S. presidents, Supreme Court justices, and foreign heads of state, along with senators, congressional representatives, social critics, civil rights activists, university presidents, state and federal judges, military generals, novelists, spies, Olympians, film and TV producers, CEOs, and one First Lady have graduated from the school since its founding in 1817.

During its first century, Harvard Law School pioneered revolutionary educational ideas, including professional legal education within a university, Socratic questioning and case analysis, and the admission and training of students based on academic merit. But the school struggled to navigate its way through the many political, social, economic, and legal crises of the century, and it earned both scars and plaudits as a result. On the Battlefield of Merit offers a candid, critical, definitive account of a unique legal institution during its first century of influence.

Daniel R. Coquillette and Bruce A. Kimball examine the school’s ties with institutional slavery, its buffeting between Federalists and Republicans, its deep involvement in the Civil War, its reluctance to admit minorities and women, its anti-Catholicism, and its financial missteps at the turn of the twentieth century. On the Battlefield of Merit brings the story of Harvard Law School up to 1909—a time when hard-earned accomplishment led to self-satisfaction and vulnerabilities that would ultimately challenge its position as the leading law school in the nation. A second volume will continue this history through the twentieth century.

In this collection of essays, Francis Russell Hittinger shows that Catholic social teaching is not only an articulate defense of the dignity of the human person, but perhaps more fundamentally an elucidation of the dignity of society. Indeed, Hittinger enables us to see that one cannot properly defend the dignity of the person without also showing the dignity of societies in which human persons – as naturally familial, political, and ecclesial animals – seek their own perfection in communion with others. Hittinger has been a renowned scholar of Catholic social doctrine for some time now, and the essays presented here are the fruit of his mature thinking on the topic over the course of many years. As each chapter shows, Hittinger’s historically important body of work on Catholic moral and social philosophy and theology is rooted in natural law theory and Thomistic philosophy, but also animated by St. Augustine’s thought and thus consistently sensitive to historical contexts and arenas for moral and theological disputation. These magisterial essays therefore integrate historical studies of the development of Catholic social teaching with systematic exposition of the theological coherence of that tradition, while also articulating the essential role of philosophy and natural law within both. The volume is divided into three parts. The first part is comprised of six essays on Catholic social teaching, the second part is made up of six essays on natural law and its role in social doctrine, and the third part includes two essays discussing the first principles of the Church’s teaching on social issues. This collection will no doubt become a standard in the field of scholarship on Catholic social teaching.

The Valley of South Texas is a region of puzzling contradictions. Despite a booming economy fueled by free trade and rapid population growth, the Valley typically experiences high unemployment and low per capita income. The region has the highest rate of drug seizures in the United States, yet its violent crime rate is well below national and state averages. The Valley's colonias are home to the poorest residents in the nation, but their rates of home ownership and intact two-parent families are among the highest in the country for low-income residential areas. What explains these apparently irreconcilable facts?

Since 1982, faculty and students associated with the Borderlife Research Project at the University of Texas-Pan American have interviewed thousands of Valley residents to investigate and describe the cultural and social life along the South Texas-Northern Mexico border. In this book, Borderlife researchers clarify why Valley culture presents so many apparent contradictions as they delve into issues that are "on the edge of the law"—traditional health care and other cultural beliefs and practices, displaced and undocumented workers, immigration enforcement, drug smuggling, property crime, criminal justice, and school dropout rates. The researchers' findings make it plain that while these issues present major challenges for the governments of the United States and Mexico, their effects and contradictions are especially acute on the border, where residents must daily negotiate between two very different economies; health care, school, and criminal justice systems; and worldviews.

Foreign Policy. “In the annals of forgetfulness there is nothing quite to compare with the fading from the American mind of the idea of the law of nations.”

Grenada. “We might have benefited from a weekend’s pause in which we could have considered our interests rather than merely giving in to our impulses.”

The mining of Nicaraguan harbors. “A practice of deception mutated into a policy of deceit.”

Iran–Contra. “The idea of international law had faded. But just as important, in the 1980s it had come to be associated with weaknesses in foreign policy. Real men did not cite Grotius.”

As the era of totalitarianism recedes, the time is at hand to ask by what rules we expect to conduct ourselves, Senator Daniel Patrick Moynihan writes in this pellucid, and often ironic, examination of international law. Our founding fathers had a firm grasp on the importance and centrality of such law; later presidents affirmed it and tried to establish international institutions based on such high principles; but we lost our way in the fog of the Cold War.

Moynihan’s exploration of American attitudes toward international law—those of presidents, senators, congressmen, public officials, and the public at large—reveals the abiding reverence for a law of nations and the attempts for almost two hundred years to make international law the centerpiece of foreign and strategic policy. Only in the last decade did a shift in values at the highest levels of government change the goals and conduct of the United States.

Displaying a firm grasp of history, informed by senatorial insights and investigative data, elegantly written, this book is a triumph of scholarship, interpretation, and insight.

This publication, issued in cooperation with the Selden Society, reproduces completely the Yale edition of 1915–1942, which has long been unobtainable. To it has been added an English translation, the first in almost a century, incorporating many improvements of the text, drawn from a re-examination of the manuscripts and a further identification of Henry de Bracton’s sources, Roman and English.

Volume I contains George E. Woodbine’s prolegomena to his edition, written in 1915, to which Samuel Thorne has added a prefatory note, reclassifying and redating the manuscripts on which the edition was based. Volume II begins the text and translation, which will be completed in Volume III and Volume IV. Notes and indices will appear in Volume V.

This publication, issued in cooperation with the Selden Society, reproduces completely the Yale edition of 1915–1942, which has long been unobtainable. To it has been added an English translation, the first in almost a century, incorporating many improvements of the text, drawn from a re-examination of the manuscripts and a further identification of Henry de Bracton’s sources, Roman and English.

Volume I contains George E. Woodbine’s prolegomena to his edition, written in 1915, to which Samuel Thorne has added a prefatory note, reclassifying and redating the manuscripts on which the edition was based. Volume II begins the text and translation, which will be completed in Volume III and Volume IV. Notes and indices will appear in Volume V.

This publication, issued in cooperation with the Selden Society, reproduces completely the Yale edition of 1915–1942, which has long been unobtainable. To it has been added an English translation, the first in almost a century, incorporating many improvements of the text, drawn from a re-examination of the manuscripts and a further identification of Henry de Bracton’s sources, Roman and English.

Volume I contains George E. Woodbine’s prolegomena to his edition, written in 1915, to which Samuel Thorne has added a prefatory note, reclassifying and redating the manuscripts on which the edition was based. Volume II begins the text and translation, which will be completed in Volume III and Volume IV. Notes and indices will appear in Volume V.

This publication, issued in cooperation with the Selden Society, reproduces completely the Yale edition of 1915–1942, which has long been unobtainable. To it has been added an English translation, the first in almost a century, incorporating many improvements of the text, drawn from a re-examination of the manuscripts and a further identification of Henry de Bracton’s sources, Roman and English.

Volume I contains George E. Woodbine’s prolegomena to his edition, written in 1915, to which Samuel Thorne has added a prefatory note, reclassifying and redating the manuscripts on which the edition was based. Volume II begins the text and translation, which will be completed in Volume III and Volume IV. Notes and indices will appear in Volume V.

The statesman on statecraft.

Cicero (Marcus Tullius, 106–43 BC), Roman lawyer, orator, politician, and philosopher, of whom we know more than of any other Roman, lived through the stirring era that saw the rise, dictatorship, and death of Julius Caesar in a tottering republic. In his political speeches especially and in his correspondence we see the excitement, tension, and intrigue of politics and the part he played in the turmoil of the time. Of about 106 speeches, delivered before the Roman people or the Senate if they were political, before jurors if judicial, fifty-eight survive (a few of them incompletely). In the fourteenth century Petrarch and other Italian humanists discovered manuscripts containing more than 900 letters of which more than 800 were written by Cicero and nearly 100 by others to him. These afford a revelation of the man all the more striking because most were not written for publication. Six rhetorical works survive and another in fragments. Philosophical works include seven extant major compositions and a number of others; and some lost. There is also poetry, some original, some as translations from the Greek.

The Loeb Classical Library edition of Cicero is in twenty-nine volumes.

An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. In a major new work, Jeremy Waldron attempts to remedy that shortfall with a subtle and multifaceted account of the basis for the West’s commitment to human equality.

What does it mean to say we are all one another’s equals? Is this supposed to distinguish humans from other animals? What is human equality based on? Is it a religious idea, or a matter of human rights? Is there some essential feature that all human beings have in common? Waldron argues that there is no single characteristic that serves as the basis of equality. He says the case for moral equality rests on four capacities that all humans have the potential to possess in some degree: reason, autonomy, moral agency, and the ability to love. But how should we regard the differences that people display on these various dimensions? And what are we to say about those who suffer from profound disability—people whose claim to humanity seems to outstrip any particular capacities they have along these lines?

Waldron, who has worked on the nature of equality for many years, confronts these questions and others fully and unflinchingly. Based on the Gifford Lectures that he delivered at the University of Edinburgh in 2015, One Another’s Equals takes Waldron’s thinking further and deeper than ever before.

Abortion, affirmative action, the "right to die," pornography and free speech, homosexuality and sex discrimination: as eagerly as the Supreme Court's rulings on these hot issues are awaited and as intently as they're studied, they never seem to settle anything once and for all. But something is settled in the process--in the incremental approach--as Cass Sunstein shows us in this instructive book.

One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings on issues from the legitimacy of affirmative action to the "right to die," and in doing so has fostered rather than foreclosed public debate on these difficult topics. He offers an original perspective on the right of free speech and the many novel questions raised by Congress's efforts to regulate violent and sexual materials on new media such as the Internet and cable television. And on the relationship between the Constitution and homosexuality and sex discrimination, he reveals how the Court has tried to ensure against second-class citizenship--and the public expression of contempt for anyone--while leaving a degree of flexibility to the political process.

One Case at a Time also lays out, and celebrates, the remarkable constellation of rights--involving both liberty and equality--that now commands a consensus in American law. An authoritative guide to the Supreme Court, the book offers a new understanding of the American Constitution, and of the relationship between democracy and constitutionalism, and between rights and self-government.

Examining new archival material from the nineteenth and early twentieth centuries, One Law for All? discusses legal transfer and practice in imperial and post-imperial societies, including Russia, Latin America, Africa, and East Asia. The essays collected here analyze the legal sphere as a site of struggle, both in debate and in everyday life, from the level of universal aspirations to particular local practices. The contributors explore the ways in which both lawmakers and ordinary people talk about and actively use the law, thereby telling a story of contested European hegemony, local assertions, and multiple legal borrowings.

The One Thomas More carefully studies the central humanist and polemical texts written by More to illustrate a coherent development of thought.

One Word – Yak Kaleme was one of the first treatises in the Middle East to demonstrate that Islam is compatible with the introduction of modern western forms of government, and specifically that the principles of the sharia can be incorporated in a codified law comparable to that found in European countries. This was a daring argument in the late 19th century, when it was extremely difficult to convince the rulers and religious class that a civil code of law was needed: would it not diminish the status of the ruler, and would it not be an admission that the religious law, the sharia, was deficient? The author, Mirza Yu¯suf Kha¯n Mustashar al-Dawla (d. 1895), was a liberal-minded bureaucrat campaigning for reform of the absolutist system and the creation of one based on European principles of government. He held several posts abroad including St Petersburg (1854-62), and Paris (1867-71), as well as carrying out administrative duties in Iran itself. In One Word he argues that the principles underlying constitutional government can be found in Islamic sources, particularly in the Quran and traditions of the Prophet. Unlike some Oriental travellers to Europe at that time, he observed that European dominance was not derived from a few technological advances, but primarily from the organisation of society, on the basis of codified law. One Word was a significant text in the lead-up to the Iranian Constitutional Revolution of 1906, but its message is relevant today.

When is rape not a crime? When it's pornography--or so First Amendment law seems to say: in film, a rape becomes "free speech." Pornography, Catharine MacKinnon contends, is neither speech nor free. Pornography, racial and sexual harassment, and hate speech are acts of intimidation, subordination, terrorism, and discrimination, and should be legally treated as such. Only Words is a powerful indictment of a legal system at odds with itself, its First Amendment promoting the very inequalities its Fourteenth Amendment is supposed to end. In the bold and compelling style that has made her one of our most provocative legal critics, MacKinnon depicts a society caught in a vicious hypocrisy. Words that offer bribes or fix prices or segregate facilities are treated by law as acts, but words and pictures that victimize and target on the basis of race and sex are not. Pornography--an act of sexual domination reproduced in the viewing--is protected by law in the name of "the free and open exchange of ideas." But the proper concern of law, MacKinnon says, is not what speech says, but what it does. What the "speech" of pornography and of racial and sexual harassment and hate propaganda does is promote and enact the power of one social group over another. Cutting with surgical deftness through cases of harassment in the workplace and on college campuses, through First Amendment cases involving Nazis, Klansmen, and pornographers, MacKinnon shows that as long as discriminatory practices are protected as free speech, equality will be only a word.

The Opioid Epidemic and US Culture brings a new set of perspectives to one of the most pressing contemporary topics in Appalachia and the nation as a whole. A project aimed both at challenging dehumanizing attitudes toward those caught in the opioid epidemic and at protesting the structural forces that have enabled it, this edited volume assembles a multidisciplinary community of scholars and practitioners to consider the ways that people have mobilized their creativity in response to the crisis. From the documentary The Wild and Wonderful Whites of West Virginia to the role of cough syrup in mumble rap, and from a queer Appalachian zine to protests against the Sackler family’s art-world philanthropy, the essays here explore the intersections of expressive culture, addiction, and recovery.

Written for an audience of people working on the front lines of the opioid crisis, the book is essential reading for social workers, addiction counselors, halfway house managers, and people with opioid use disorder. It will also appeal to the community of scholars interested in understanding how aesthetics shape our engagement with critical social issues, particularly in the fields of literary and film criticism, museum studies, and ethnomusicology.

The League of Nations Advisory Committee on the Traffic in Opium and Other Dangerous Drugs, created in 1920, culminated almost eight decades of political turmoil over opium trafficking, which was by far the largest state-backed drug trade in the age of empire. Opponents of opium had long struggled to rein in the profitable drug. Opium’s Long Shadow shows how diverse local protests crossed imperial, national, and colonial boundaries to gain traction globally and harness public opinion as a moral deterrent in international politics after World War I.

Steffen Rimner traces the far-flung itineraries and trenchant arguments of reformers—significantly, feminists and journalists—who viewed opium addiction as a root cause of poverty, famine, “white slavery,” and moral degradation. These activists targeted the international reputation of drug-trading governments, first and foremost Great Britain, British India, and Japan, becoming pioneers of the global political tactic we today call naming and shaming. But rather than taking sole responsibility for their own behavior, states in turn appropriated anti-drug criticism to shame fellow sovereigns around the globe. Consequently, participation in drug control became a prerequisite for membership in the twentieth-century international community. Rimner relates how an aggressive embrace of anti-drug politics earned China and other Asian states new influence on the world stage.

The link between drug control and international legitimacy has endured. Amid fierce contemporary debate over the wisdom of narcotics policies, the 100-year-old moral consensus Rimner describes remains a backbone of the international order.

Upending all we know about the war on drugs, a history of the anti-narcotics movement’s origins, evolution, and questionable effectiveness.
 
Opium’s Orphans is the first full history of drug prohibition and the “war on drugs.” A no-holds-barred but balanced account, it shows that drug suppression was born of historical accident, not rational design. The war on drugs did not originate in Europe or the United States, and even less with President Nixon, but in China. Two Opium Wars followed by Western attempts to atone for them gave birth to an anti-narcotics order that has come to span the globe. But has the war on drugs succeeded? As opioid deaths and cartel violence run rampant, contestation becomes more vocal, and marijuana is slated for legalization, Opium's Orphans proposes that it is time to go back to the drawing board.

Opposing Patriarchy explores women’s increasing political activism in nineteenth-century Italy. 

In Italy and beyond, the nineteenth century was a time of great political change. Shifts in state boundaries and socio-economic structures deeply affected the Italian political landscape, including the nation’s legal system. Many Italian women, who had lived within a strict patriarchal and hierarchical society, began to redefine their identities beyond the traditional domestic roles of daughter, wife, and mother. This volume charts that process by focusing on women’s attitudes towards the law and their interaction with the legal system. Sara Delmedico seeks to recover the forgotten voices and lives of those ordinary women who, in their everyday lives, reacted against the limitations and constraints imposed upon them by society and who refused to accept their status passively. As this volume shows, the women of the period understood the law, questioned obedience, challenged authority, and stood up for themselves. Even though they did not always achieve their goals, their actions contributed to shaping our present.

Condemned to hang after his raid on Harper’s Ferry, John Brown prophesied that the crimes of a slave-holding land would be purged away only with blood. A study of omens, maledictions, and inspired invocations, The Oracle and the Curse examines how utterances such as Brown’s shaped American literature between the Revolution and the Civil War.

In nineteenth-century criminal trials, judges played the role of law’s living oracles, but offenders were also given an opportunity to address the public. When the accused began to turn the tables on their judges, they did so not through rational arguments but by calling down a divine retribution. Widely circulated in newspapers and pamphlets, these curses appeared to channel an otherworldly power, condemning an unjust legal system and summoning readers to the side of righteousness.

Exploring the modes of address that communicated the authority of law and the dictates of conscience in antebellum America’s court of public opinion, Caleb Smith offers a new poetics of justice which assesses the nonrational influence that these printed confessions, trial reports, and martyr narratives exerted on their first audiences. Smith shows how writers portrayed struggles for justice as clashes between human law and higher authority, giving voice to a moral protest that transformed American literature.

In Order without Law, Robert Ellickson shows that law is far less important than is generally thought. He demonstrates that people largely govern themselves by means of informal rules—social norms—that develop without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law.

The springboard for Ellickson’s theory of norms is his close investigation of a variety of disputes arising from the damage created by escaped cattle in Shasta County, California. In “The Problem of Social Cost”—the most frequently cited article on law—economist Ronald H. Coase depicts farmers and ranchers as bargaining in the shadow of the law while resolving cattle-trespass disputes. Ellickson’s field study of this problem refutes many of the behavioral assumptions that underlie Coase’s vision, and will add realism to future efforts to apply economic analysis to law.

Drawing examples from a wide variety of social contexts, including whaling grounds, photocopying centers, and landlord–tenant relations, Ellickson explores the interaction between informal and legal rules and the usual domains in which these competing systems are employed. Order without Law firmly grounds its analysis in real-world events, while building a broad theory of how people cooperate to mutual advantage.

Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination.

The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.

A Federalist Notable Book

“An important contribution to our understanding of the 14th Amendment.”
—Wall Street Journal

“By any standard an important contribution…A must-read.”
—National Review

“The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since…The corpus of legal scholarship is richer for it.”
—Washington Examiner

Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses.

Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism.

The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law.

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number.

The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent?

A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.

This volume of Osiris takes as its point of departure a simple premise: we have yet to fully flesh out the complex historical interplay between medicine and law across the globe. Therapeutic Properties takes an inventive look at the issue, presenting welcome insights on the worldwide ascendancy of biomedicine, the persistence of nonofficial and unorthodox approaches to healing, and the legal contexts that have served to shape these dynamics.

The contributions draw upon source material from the Americas, Africa, Western Europe, the Caribbean, and Asia to trace the influence of penal and civil codes, courts and constitutions, and patents and intellectual properties on not only health practices but also the very foundations of state-sanctioned medicine. The authors explore, too, how institutions of global governance, including those underpinning empires and trade, have historically created feedback loops that enabled laws and regulatory regimes to spread, amplifying their effects and standardizing approaches to diseases, drugs, professions, personhood, and well-being along the way. Highlighting the payoff of interdisciplinary and transnational analyses, this volume adroitly teases apart how different actors fought to write the rules of global health, rendering certain approaches to life and death irrelevant and invisible, others pathological and punishable by law, and others still, normal and natural.

Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior.

Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.