This 2004 book is a comparative study of the American legaldevelopment in the mid-nineteenth century. Focusing on Illinois andVirginia, supported by observations from six additional states, thebook traces the crucial formative moment in the development of anAmerican system of common law in northern and southern courts. Theprocess of legal development, and the form the basic analyticalcategories of American law came to have, are explained as theproducts of different responses to the challenge of new industrialtechnologies, particularly railroads. The nature of those responseswas dictated by the ideologies that accompanied the social,political, and economic orders of the two regions. American commonlaw, ultimately, is found to express an emerging model ofcitizenship, appropriate to modern conditions. As a result, theprocess of legal development provides an illuminating perspectiveon the character of American political thought in a formativeperiod of the nation.
David Boies, the star trial lawyer in a country obsessedwith legal drama, proves endlessly fascinating in this compulsivelyreadable account of his extraordinary career.A man of almostsuperhuman accomplishment, Boies argued a string of headline-makingcases before being catapulted to international prominence when herepresented Al Gore before the Supreme Court in Bush v. Gore. Brash, reckless, and prideful, he is also charming,charismatic, unerringly articulate in the courtroom, and supremelycomfortable in the public eye. Legal journalist Karen Donovan,herself a lawyer, had unprecedented access to Boies for nearly twoyears. In v. Goliath she gives us a scintillating chronicleof the legal dramas in which Boies has played a crucial role and ariveting, up-close portrait of a singularly gifted lawyer.
This historical narrative of the Salem witch trials takesits dialogue from actual trial records but applies modernpsychiatric knowledge to the witchcraft hysteria. Starkey's senseof drama also vividly recreates the atmosphere of pity and terrorthat fostered the evil and suffering of this human tragedy.
An English court in 1736 described rape as an accusation“easily to be made and hard to be proved, and harder to be defendedby the party accused, though never so innocent. ”To prove thecrime, the law required a woman to physically resist, to put up a“hue and cry,” as evidence of her unwillingness. Beginning in the1970s, however, feminist and victim-advocacy groups began changingattitudes toward rape so the crime is now seen as violent initself: the legal definition of rape now includes everything fromthe sadistic serial rapist to the eighteen-year-old who hasconsensual sex with a fourteen-year-old. This inclusiveness means there are now more rapists among us. Andmore of rape’s camp followers: the prison-makers, the communitywatchdogs, law-and-order politicians, and the real-crime/real-timeentertainment industry. Vanessa Place examines the ambiguity ofrape law by presenting cases where guilt lies, but lies uneasily,and leads into larger ethical questions of what defines guilt, whatis justice, and wh
In this 2008 book, legal scholars, philosophers, historiansand political scientists from Australia, Canada, New Zealand, theUnited Kingdom and the United States analyze the common law throughthree of its classic themes: rules, reasoning andconstitutionalism. Their essays, specially commissioned for thisvolume, provide an opportunity for thinkers from differentjurisdictions and disciplines to talk to each other and to theirwider audience within and beyond the common law world. This bookallows scholars and students to consider how these themes andconcepts relate to one another. It will initiate and sustain a moreinclusive and well-informed theoretical discussion of the commonlaw's method, process and structure. It will be valuable tolawyers, philosophers, political scientists and historiansinterested in constitutional law, comparative law, judicialprocess, legal theory, law and society, legal history, separationof powers, democratic theory, political philosophy, the courts andthe relationship of the comm
《法治及其本土资源（第三版）》内容以交叉学科为背景，从浅近的社会法律问题入手，集中讨论了中国当代法律和法学一系列重要理论问题。例如：法律规避和法律多元、法律本土化、法律专业化、市场与法律的替代问题，以及法学研究方法论等。其学术背景涉及经济学、人类学、社会学、阐释学、语言哲学等。以力求从平易中展现法学与其他学科的不可分割的关系，创造性地把交叉学科的知识引入到中国的法学研究中来，并融合进中国法学。
The death penalty is one of the most hotly contested issues inAmerica today. Evidence continues to mount that many innocentpeople have been executed or are currently living on death row, andthat minority groups and the poor suffer from a shoddy publicdefense system and discriminatory application of capital charges.Meanwhile, the myth of deterrence has been revealed to be false,and an increasing number of Americans are beginning to questiontheir support for capital punishment. Legal Lynching offers a succinct, accessible introduction to thedebate over the death penalty's history and future, exposing achilling frequency of legal error, systemic racial and economicdiscrimination, and pervasive government misconduct. This is anessential book for readers across the political spectrum who wishto cut through the common myths and assumptions about the efficacyand morality of state-sanctioned killing.
The Religious Right has dedicated much of the last thirty years to molding the federal judiciary, always with an eye toward casting the Supreme Court in its image. Through broad political work that has involved grassroots campaigns as much as aggressive lobbying, and a welltended career path for conservative law students and attorneys, the Right has been incredibly effective in influencing major Court decisions on everything from laws banning prayer in school to women's secure access to abortion and birth control. How will the courts set in place in recent decades confront stem cell research, gay rights, or euthanasia in a new era? In The Court and the Cross, attorney and legal journalist Frederick Lane draws on legal history and savvy political analysis to expose, in layperson's terms, the Religious Right's unrelenting efforts to declare the United States a Christian nation.
There is no more powerful, detested, misunderstood AfricanAmerican in our public life than Clarence Thomas. SupremeDiscomfort: The Divided Soul of Clarence Thomas is a hauntingportrait of an isolated and complex man, savagely reviled by muchof the black community, not entirely comfortable in white society,internally wounded by his passage from a broken family and ruralpoverty in Georgia, to elite educational institutions, to thepinnacle of judicial power. His staunchly conservative positions oncrime, abortion, and, especially, affirmative action have exposedhim to charges of heartlessness and hypocrisy, in that he ishimself the product of a broken home who manifestly benefited fromracially conscious admissions policies. Supreme Discomfort is a superbly researched and reportedwork that features testimony from friends and foes alike who havenever spoken in public about Thomas before—including a candidconversation with his fellow justice and ideological ally, AntoninScalia. It offers a long-overdue windo
