The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War.

R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

A historian traces the origins of the modern law-and-order state to a surprising source: the liberal policies of the New Deal.

Most Americans remember the New Deal as the crucible of modern liberalism. But while it is most closely associated with Roosevelt’s efforts to end the Depression and provide social security for the elderly, we have failed to acknowledge one of its most enduring legacies: its war on crime. Crime policy, Anthony Gregory argues, was a defining feature of the New Deal. Tough-on-crime policies provided both the philosophical underpinnings and the institutional legitimacy necessary to remake the American state.

New Deal Law and Order follows President Franklin Roosevelt, Attorney General Homer Cummings, and their war on crime coalition, which overcame the institutional and political challenges to the legitimacy of national law enforcement. Promises of law and order helped to manage tensions among key Democratic Party factions—organized labor, Black Americans, and white Southerners. Their anticrime program, featuring a strengthened criminal code, an empowered FBI, and the first federal war on marijuana, was essential to the expansion of national authority previously stymied on constitutional grounds. This nascent carceral liberalism both accommodated a redoubled emphasis on rehabilitation and underwrote a massive wave of prison construction across the country. Alcatraz, an unforgiving punitive model, was designed to be a “symbol of the triumph of law and order.” This emergent security state eventually transformed both liberalism and federalism, and in the process reoriented the terms of US political debate for decades to come.

The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America.

In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following.

William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people’s rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power.

Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.

A radical reconstruction of the founders’ debate over slavery and the Constitution.

Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation’s founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers’ work. Far from covering up a crime against humanity, the Constitution restricted slavery’s legitimacy under the new national government. In time, that limitation would open the way for the creation of an antislavery politics that led to Southern secession, the Civil War, and Emancipation.

Wilentz’s controversial and timely reconsideration upends orthodox views of the Constitution. He describes the document as a tortured paradox that abided slavery without legitimizing it. This paradox lay behind the great political battles that fractured the nation over the next seventy years. As Southern Fire-eaters invented a proslavery version of the Constitution, antislavery advocates, including Abraham Lincoln and Frederick Douglass, proclaimed antislavery versions based on the framers’ refusal to validate what they called “property in man.”

No Property in Man invites fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Confederacy’s defeat. It drives straight to the heart of the most contentious and enduring issue in all of American history.

“Wilentz brings a lifetime of learning and a mastery of political history to this brilliant book.”
—David W. Blight, author of Frederick Douglass

A New York Times Book Review Editors’ Choice
A Foreign Affairs Best Book of the Year

Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. In this essential reconsideration of the creation and legacy of our nation’s founding document, Sean Wilentz reveals the tortured compromises that led the Founders to abide slavery without legitimizing it, a deliberate ambiguity that fractured the nation seventy years later. Contesting the Southern proslavery version of the Constitution, Abraham Lincoln and Frederick Douglass pointed to the framers’ refusal to validate what they called “property in man.” No Property in Man has opened a fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Civil War. It drives straight to the heart of the single most contentious issue in all of American history.

“Revealing and passionately argued…[Wilentz] insists that because the framers did not sanction slavery as a matter of principle, the antislavery legacy of the Constitution has been…‘misconstrued’ for over 200 years.”
—Khalil Gibran Muhammad, New York Times

“Wilentz’s careful and insightful analysis helps us understand how Americans who hated slavery, such as Abraham Lincoln and Frederick Douglass, could come to see the Constitution as an ally in their struggle.”
—Eric Foner

Throughout the history of the United States, the acts of a few have proved to be turning points in the way our legal system has treated the least of us. The nine individuals whose deeds are recounted have compelling stories, and though they remain unknown to the general public, their commitment to the rule of law has had a lasting impact on our nation.Noble Purposes brings their stories to life. It describes the contributions of such individuals as James Alexander, the guiding and central force in the colonial-era trial of John Peter Zenger, which sowed the seeds for the American Revolution and the constitutional guarantee of a free press.In the 1870s, Hugh Lennox Bond stared down threats as judge in the trials of the South Carolina Ku Klux Klan, while Clara Shortridge Foltz overcametremendous resistance during her fifty-year law practice, which included advocacy of public defender offices.Early last century, Louis Marshall paved the way for the rights of minorities in America and abroad, while Francis Biddle, FDR’s attorney general, soughtto maintain civil liberties during World War II, arguing against the internment of Japanese Americans and later serving as the American judge in the Nuremberg trials.Edited by legal scholar Norman Gross and written by leading legal historians from around the country, the profiles presented in Noble Purposes tell the stories of these and other individuals who stood firmly in support of the rule of law, often against great odds.

An engaging account of social reformer Jack Robbins, the Boys’ Brotherhood Republic, and their legacy.

In 1914, social reformer Jack Robbins and a group of adolescent boys in Chicago founded the Boys’ Brotherhood Republic, an unconventional and unusual institution. During a moral panic about delinquent boys, Robbins did not seek to rehabilitate and/or punish wayward youths. Instead, the boys governed themselves, democratically and with compassion for one another, and lived by their mantra “So long as there are boys in trouble, we too are in trouble.” For nearly thirty years, Robbins was their “supervisor,” and the will he drafted in the late 1950s suggests that he continued to care about forgotten boys, even as the political and legal contexts that shaped children’s lives changed dramatically.
 
Nobody’s Boy and His Pals is a lively investigation that challenges our ideas about the history of American childhood and the law. Scouring the archives for traces of the elusive Jack Robbins, Hendrik Hartog examines the legal histories of Progressive reform, childhood, criminality, repression, and free speech. The curiosity of Robbins’s story is compounded by the legal challenges to his will, which wound up establishing the extent to which last wishes must conform to dominant social values. Filled with persistent mysteries and surprising connections, Nobody’s Boy and His Pals illuminates themes of childhood and adolescence, race and ethnicity, sexuality, wealth and poverty, and civil liberties, across the American Century.