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We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This ...
In a series of wide-ranging chapters on politics in thought, word and deed, twelve colleagues of the late Mark Kishlansky reconsider the history of the English Revolution, engaging and often challenging Kishlansky's own conclusions.
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Virginia 1619 provides an opportunity to reflect on the origins of English colonialism around the Chesapeake Bay and the Atlantic world. As the essays here demonstrate, Anglo-Americans have been simultaneously experimenting with representative government and struggling with the corrosive legacy of racial thinking for more than four centuries. Virginia, contrary to popular stereotypes, was not the product of thoughtless, greedy, or impatient English colonists. Instead, the emergence of stable English Atlantic colonies reflected the deliberate efforts of an array of actors to establish new societies based on their ideas about commonwealth, commerce, and colonialism. Looking back from 2019, we can understand that what happened on the shores of the Chesapeake four hundred years ago was no accident.
This is a major survey of how towns were governed in late Stuart and early Hanoverian England. A new kind of politics emerged out of England's Civil War: partisan politics. This happened first in the corporations governing the towns, and not at Parliament as is usually argued. Based on an examination of the records of scores of corporations, this book explains how war unleashed a cycle of purge and counter-purge which continued for decades. It also explains how a society that feared a system of politics based on division found the means to absorb it peacefully. As conflict sharpened in communities everywhere, local competitors turned to the court of King's Bench to resolve their differences. In doing so, they prompted the court to develop a new body of law that protected local governments from the divisive impulses within them.
A TIME and NEW YORK TIMES TOP 10 BOOK of the YEAR * New York Times Notable Book and Times Critic’s Top Book of 2018 NAMED ONE OF THE BEST BOOKS OF 2018 BY * Elle * Bustle * Kirkus Reviews * Lit Hub* NPR * O, The Oprah Magazine * Shelf Awareness The bestselling and critically acclaimed debut novel by Lisa Halliday, hailed as “extraordinary” by The New York Times, “a brilliant and complex examination of power dynamics in love and war” by The Wall Street Journal, and “a literary phenomenon” by The New Yorker. Told in three distinct and uniquely compelling sections, Asymmetry explores the imbalances that spark and sustain many of our most dramatic human relations: inequities in age...
In this engrossing account, footnotes to history give way to footnotes as history, recounting in their subtle way the curious story of the progress of knowledge in written form.
Sociology faces troubling developments as it enters its second century in the United States. A loss of theoretical coherence and a sense of disciplinary fragmentation, a decline in the quality of its recruits, the cooptation of its clients, a muted public voice, and sinking prestige in governmental circles—these are only a few of the trends signalling a need for renewed debate about how sociology is organized. In this volume, some of the most authoritative voices in the field confront these conditions, offering a variety of perspectives as they challenge sociologists to self-examination.
Tal Golan charts the use of expert testimony in British and American courtrooms from the 18th century to the present day. He assesses the standing of the expert witness, which has in recent years declined amid courtroom drama and media jeering.
In this inventive book, Peter Fritzsche explores how Europeans and Americans saw themselves in the drama of history, how they took possession of a past thought to be slipping away, and how they generated countless stories about the sorrowful, eventful paths they chose to follow. In the aftermath of the French Revolution, contemporaries saw themselves as occupants of an utterly new period. Increasingly disconnected from an irretrievable past, worried about an unknown and dangerous future, they described themselves as indisputably modern. To be cast in the new time of the nineteenth century was to recognize the weird shapes of historical change, to see landscapes scattered with ruins, and to m...