A miscellany of minor works.

Xenophon (ca. 430 to ca. 354 BC) was a wealthy Athenian and friend of Socrates. He left Athens in 401 and joined an expedition including ten thousand Greeks led by the Persian governor Cyrus against the Persian king. After the defeat of Cyrus, it fell to Xenophon to lead the Greeks from the gates of Babylon back to the coast through inhospitable lands. Later he wrote the famous vivid account of this “March Up-Country” (Anabasis); but meanwhile he entered service under the Spartans against the Persian king, married happily, and joined the staff of the Spartan king, Agesilaus. But Athens was at war with Sparta in 394 and so exiled Xenophon. The Spartans gave him an estate near Elis where he lived for years, writing and hunting and educating his sons. Reconciled to Sparta, Athens restored Xenophon to honor, but he preferred to retire to Corinth.

Xenophon’s Anabasis is a true story of remarkable adventures. Hellenica, a history of Greek affairs from 411 to 362, begins as a continuation of Thucydides’ account. There are four works on Socrates (collected in LCL 168). In Memorabilia Xenophon adds to Plato’s picture of Socrates from a different viewpoint. The Apology is an interesting complement to Plato’s account of Socrates’ defense at his trial. Xenophon’s Symposium portrays a dinner party at which Socrates speaks of love; and Oeconomicus has him giving advice on household management and married life. Cyropaedia, a historical romance on the education of Cyrus (the Elder), reflects Xenophon’s ideas about rulers and government.

We also have his Hiero, a dialogue on government; Agesilaus, in praise of that king; Constitution of Lacedaemon (on the Spartan system); Ways and Means (on the finances of Athens); Manual for a Cavalry Commander; a good manual of Horsemanship; and a lively Hunting with Hounds—mostly hare hunting. The Constitution of the Athenians, though clearly not by Xenophon, is an interesting document on politics at Athens. These eight books are collected in the present volume.

A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution?

Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.

When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.

Personal records from the sands of Egypt.

This is the first of two volumes giving a selection of Greek papyri relating to private and public business. They cover a period from before 300 BC to the eighth century AD. Most were found in rubbish heaps or remains of ancient houses or in tombs in Egypt. From such papyri we get much information about administration and social and economic conditions in Egypt, and about native Egyptian, Greek, Roman, and Byzantine law, as well as glimpses of ordinary life.

This volume contains: Agreements, 71 examples; these concern marriage, divorce, adoption, apprenticeship, sales, leases, employment of laborers. Receipts, 10. Wills, 6. Deed of disownment. Personal letters from men and women, young and old, 82. Memoranda, 2. Invitations, 5. Orders for payment, 2. Agenda, 2. Accounts and inventories, 12. Questions of oracles, 3. Christian prayers, 2. A Gnostic charm. Horoscopes, 2.

The three-volume Loeb Classical Library edition of Select Papyri also includes a volume of poetry.

Official records from the sands of Egypt.

This volume presents papyri relating to public business of various kinds in Egypt from the middle of the 3rd century BC to AD 710, thus including affairs in that country first when it was ruled by the Greek Ptolemaic kings, secondly when it was a Roman province. The earliest examples date from the reign of King Ptolemy II Philadelphus and the latest from the government by the Arabs after their conquest of Egypt in AD 639–641.

The papyri chosen were all sent by persons in office (from king, Roman emperor, or governor downwards) or addressed to them or sent for their information: Codes and Regulations, 6 examples. Edicts and Orders, 26. Public Announcements, 6. Reports of Meetings, 3. Official Acts and Inquiries, 5. Judicial Business, 18. Petitions and Applications, 44. Declarations to Officials, 30. Appointments and Nominations, 7. Tenders and Contracts, 19. Receipts, 26. Orders for Payment, 6. Accounts and Registers or Lists, 12. Letters, 16. Notes on the systems of dating and of money in Egypt as well as a glossary of technical terms are provided.

The three-volume Loeb Classical Library edition of Select Papyri also includes a volume of poetry and one of private documents.

The separation of powers along functional lines--legislative, executive, and judicial--has been a core concept of American constitutionalism ever since the Revolution. As noted constitutional law scholar Gerhard Casper points out in this collection of essays, barren assertions of the importance of keeping the powers separate do not capture the complexity of the task when it is seen as separating power flowing from a single source--the people. Popular sovereignty did not underlie earlier versions of the separation of powers doctrine.

Casper vividly illustrates some of the challenges faced by Washington, Adams, Hamilton, Madison, Gallatin, Jefferson, and many others in Congress and the executive branch as they guided the young nation, setting precedents for future generations. He discusses areas such as congressional-executive relations, foreign affairs, appropriations, and the Judiciary Act of 1789 from the separation of powers vantage point.

The picture of our government's formative years that emerges here, of a rich and overlapping understanding of responsibilities and authority, runs counter to rigid, syllogistic views. Separating Power gives us a clear portrait of the issues of separation of power in the founding period, as well as suggesting that in modern times we should be reluctant to tie separation of powers notions to their own procrustean bed.

In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime.

This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilization were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction. In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.

A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition.

“A remarkable achievement, sure to become a go-to text for scholars and students alike… A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.”
—Amalia D. Kessler, Stanford University

“A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.”
—Federico Varese, Oxford University

“Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.”
—David Nirenberg, University of Chicago

Winner of the Jerry H. Bentley Book Prize, World History Association

The success of the English colony of Barbados in the seventeenth century, with its lucrative sugar plantations and enslaved African labor, spawned the slave societies of Jamaica in the western Caribbean and South Carolina on the American mainland. These became the most prosperous slave economies in the Anglo-American Atlantic, despite the rise of enlightened ideas of liberty and human dignity. Slave Law and the Politics of Resistance in the Early Atlantic World reveals the political dynamic between slave resistance and slaveholders’ power that marked the evolution of these societies. Edward Rugemer shows how this struggle led to the abolition of slavery through a law of British Parliament in one case and through violent civil war in the other.

In both Jamaica and South Carolina, a draconian system of laws and enforcement allowed slave masters to maintain control over the people they enslaved, despite resistance and recurrent slave revolts. Brutal punishments, patrols, imprisonment, and state-sponsored slave catchers formed an almost impenetrable net of power. Yet slave resistance persisted, aided and abetted by rising abolitionist sentiment and activity in the Anglo-American world. In South Carolina, slaveholders exploited newly formed levers of federal power to deflect calls for abolition and to expand slavery in the young republic. In Jamaica, by contrast, whites fought a losing political battle against Caribbean rebels and British abolitionists who acted through Parliament.

Rugemer’s comparative history spanning two hundred years of slave law and political resistance illuminates the evolution and ultimate collapse of slave societies in the Atlantic World.

In 1834 Harvard dropout Richard Henry Dana Jr. sailed to California as a common seaman. His account of the voyage, Two Years Before the Mast, quickly became an American classic. But literary acclaim could not erase the young lawyer’s memory of the brutal floggings he had witnessed aboard ship or undermine the vow he had made to combat injustice. In Slavish Shore, Jeffrey Amestoy tells the story of Dana’s unflagging determination to keep that vow in the face of nineteenth-century America’s most exclusive establishment: the Boston society in which he had been born and bred.

The drama of Dana’s life arises from the unresolved tension between the Brahmin he was expected to be on shore and the man he had become at sea. Dana’s sense of justice made him a lawyer who championed sailors and slaves, and his extraordinary advocacy put him at the center of some of the most consequential cases in American history: defending fugitive slave Anthony Burns, justifying President Lincoln’s war powers before the Supreme Court, and prosecuting Confederate president Jefferson Davis for treason. Yet Dana’s own promising political career remained unfulfilled as he struggled to reconcile his rigorous conscience with his restless spirit in public controversy and private life.

The first full-length biography of Dana in more than half a century, Slavish Shore reintroduces readers to one of America’s most zealous defenders of freedom and human dignity.

The Spanish element in Texas water law is a matter of utmost importance to many landholders whose livelihood is dependent on securing water for irrigation and to many communities particularly concerned about water supply.

Titles to some 280,000 acres of Texas land originated in grants made by the Crown of Spain or by the Republic of Mexico. For these lands, the prevailing law, even today, is the Hispanic American civil law. Thus the question of determining just what water rights were granted by the Spanish Crown in disposing of lands in Texas is more than a matter of historical interest. It is a subject of great practical importance.

Spanish law enters directly into the question of these lands, but its influence is by no means confined to them. Texas water law in general traces its roots primarily to the Spanish law, not to the English common law doctrine of riparian rights or to the Western doctrine of prior appropriation (both of which were, however, eventually incorporated in Texas law). A clear understanding of this background might have saved the state much of the current confusion and chaos regarding its water law.

Dobkins’s book offers an intensive and unusually readable study of the subject. The author has traced water law from its origin in the ancient world to the mid-twentieth century, interpreting the effect of water on the counties concerned, setting forth in detail the development of water law in Spain, and explaining its subsequent adoption in Texas. Copious notes and a complete bibliography make the work especially valuable.

The idea for this book came in the midst of the great seven-year drought in Texas, from 1950 to 1957. The author gave two reasons for her study: “One was my belief that the water problems, crucial to all Texas, can be solved only when Texans become conscious of their imperative needs and only if they become informed and aroused enough to act.

“The second reason came from a realization that water—common, universal, and ordinary as it is—had been overlooked by the historian. It is high time that this oversight be corrected. In American history the significance of land, especially in terms of the frontier, has been spelled out in large letters. The importance of water has been recognized by few.”

A suicide scandal in Shanghai reveals the social fault lines of democratic visions in China’s troubled Republic in the early 1920s.

On September 8, 1922, the body of Xi Shangzhen was found hanging in the Shanghai newspaper office where she worked. Although her death occurred outside of Chinese jurisdiction, her US-educated employer, Tang Jiezhi, was kidnapped by Chinese authorities and put on trial. In the unfolding scandal, novelists, filmmakers, suffragists, reformers, and even a founding member of the Chinese Communist Party seized upon the case as emblematic of deep social problems. Xi’s family claimed that Tang had pressured her to be his concubine; his conviction instead for financial fraud only stirred further controversy.

The creation of a republic ten years earlier had inspired a vision of popular sovereignty and citizenship premised upon gender equality and legal reform. After the quick suppression of the first Chinese parliament, commercial circles took up the banner of democracy in their pursuit of wealth. But, Bryna Goodman shows, the suicide of an educated “new woman” exposed the emptiness of republican democracy after a flash of speculative finance gripped the city. In the shadow of economic crisis, Tang’s trial also exposed the frailty of legal mechanisms in a political landscape fragmented by warlords and enclaves of foreign colonial rule.

The Suicide of Miss Xi opens a window onto how urban Chinese in the early twentieth century navigated China’s early passage through democratic populism, in an ill-fated moment of possibility between empire and party dictatorship. Xi Shangzhen became a symbol of the failures of the Chinese Republic as well as the broken promises of citizen’s rights, gender equality, and financial prosperity betokened by liberal democracy and capitalism.

“The Supreme Court follows the election returns,” the fictional Mr. Dooley observed a hundred years ago. And for all our ideals and dreams of a disinterested judiciary, above the political fray, it seems Mr. Dooley was right. In this engaging—and disturbing—book, a leading historian of the Court reveals the close fit between its decisions and the nation’s politics.

The story begins with the creation of the Constitution and ends with the June 2008 decisions on the rights of detainees at Guantánamo Bay. Rendering crisp (and often controversial) judgments on key decisions from Marbury v. Madison to the War on Terror, Lucas Powe shows how virtually every major Supreme Court ruling, however deftly framed in constitutional terms, suited the wishes of the most powerful politicians of the time. This history reflects a changing Court, from the country’s early struggles over commerce and transportation to the torturous justifications of slavery before the Civil War, to a post–New Deal interest in ending segregation, controlling criminal procedure, and addressing knotty questions arising from the Cold War. Through all of this the Court emerges as part of a ruling regime, doing its best to implement the regime’s policies.

Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.

The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life.

Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks.

Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.