Free Download History of the Common Law: The Development of Anglo-American Legal Institutions For Free

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<p> This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. </p> <p> Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, a

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Free Download Old Testament Parallels (New Revised and Expanded Third Edition): Laws and Stories from the Ancient Near East For Free

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An all-new translation of the most important ancient Near East documents that share parallel themes and issues with biblical stories.

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In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusi

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Download Beyond the Formalist-Realist Divide: The Role of Politics in Judging PDF

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According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide.
Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges ca

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This fascinating book about our legal heritage is copiously illustrated with original materials. From our cultural roots in the Roman law, the Anglo-Saxon dooms, and English feudalism, to modern crises of social revolution and reform. Coquillette's work shows how legal culture is part of what has been called the "seamless web" of history. Most introductory books rely heavily, if not exclusively, on secondary sources. This book, however, provides carefully edited and chosen primary sources and culminates with provocative excerpts of the most recent twentieth century historical criticism. Also included are many useful charts and diagrams, and an extensive bibliography for each chapter suggests and encourages further study.

Today we face dynamic challenges to our system of justice and to our legal profession. The experience of the centuries, however, is available to us, as it was to the founders of our legal order in ages past. This book provides a "road map" into this vast histori

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Download In the House of the Law: Gender and Islamic Law in Ottoman Syria and Palestine PDF

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In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwas, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.

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Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law.
 
 "Sharp, opinionated, and as pungent as cheddar."―New Republic
 
"This book has the engaging qualities of good table talk among a group of sophisticated and educated friends―given body by broad learning and a keen imagination and spiced with wit."―Willard Hurst

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The accused was Anna Roleffes, known as Tempel Anneke. She was arrested on the charge of witchcraft in June of 1663. She was found guilty and was executed on December 30th that same year. Her trial was long and involved, with many witnesses from several towns and villages.

Consisting of direct translations of the trial testimony, The Trial of Tempel Anneke portrays a large and varied cast of characters including trades people, farmers, local nobility, village drunkards, and Tempel Anneke herself. Tempel Anneke was in several ways typical of those accused of witchcraft, yet from the testimony she emerges as a complex and controversial figure. She was literate and owned a few books and herbals; she prided herself on her medical and pharmaceutical knowledge and until the final stages of the trial when her confession was extracted under torture, she was sharp, assertive, and even witty in her responses to questioning. This English translation offers direct archival insight into

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Free Download The Courts and the Colonies: The Litigation of Hutterite Church Disputes (Law and Society (Paperback)) Online

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The Courts and the Colonies offers a detailed account of a protracted dispute arising within a Hutterite colony in Manitoba, when the Schmiedeleut leaders attempted to force the departure of a group that had been excommunicated but would not leave. This resulted in about a dozen lawsuits in both Canada and the United States between various Hutterite factions and colonies, and placed the issues of shunning, excommunication, legitimacy of leadership, and communal property rights before the secular courts. What is the story behind this extraordinary development in Hutterite history? How did the courts respond, and how did that outside (state) law relate to the traditional inside law of the Hutterites?

Utilizing voluminous court records, Esau provides a detailed and fascinating narrative of the prolonged disputes and litigation history of Hutterite colonies at Lakeside, Oak Bluff, Rock Lake, and Huron. He considers whether the legal action was consistent with the historic non-resist

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Download The Ten Commandments & their Influence on American Law - a study in history PDF

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An in-depth study of how each of the Ten Commandments had a historical impact on the development of laws in America and affected the legal philosophy of our government framers. For example, the 4th Commandment-"Keep Holy the Sabbath": PENNSYLVANIA FRAME OF GOVERNMENT, April 25, 1682, Article XXII: "That as often as any day of the month...shall fall upon the first day of the week, commonly called the Lord's Day, the business appointed for that day shall be deferred till the next day, unless in the case of emergency." U.S. CONSTITUTION, 1787, Article I, Section 7, Paragraph 2 "If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law" Read how the Ten Commandments affected the views of America's leaders: "The Ten Commandments and the Sermon on the Mount contain my religion" - John Adams, Nov. 4, 1816, letter to Thomas Jefferson. "The fundamental basis of this nation's laws was given to Mo

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Free Gibbons v. Ogden: John Marshall, Steamboats, and Interstate Commerce (Landmark Law Cases & American Society) Book

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What began as a standoff between competing steamship entrepreneurs ended as one of the Supreme Court's most significant cases. Gibbons v. Ogden in 1824 brought into sharp relief the ongoing tug-of-war for power between individual states and the federal government. By applying the Commerce Clause of the Constitution, the Court set a key precedent for federal authority. But, behind the scenes, the "Steamboat Case" also demonstrated Chief Justice John Marshall's instrumental role as mediator on the bench.

Untangling the issues and the arguments in Gibbons, Herbert Johnson reveals the lasting impact of this landmark case on both commerce in the Early Republic and the understanding and growth of federal power during the last 200 years. Johnson brings the case's protagonists—including Marshall and Daniel Webster—vividly to life and deftly illuminates its key aspects: the ambiguity of the Court's judgment; Justice William Johnson's nationalist-oriented concurring opinion; Marshall'

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Free The Forgotten Flight: Terrorism, Diplomacy and the Pursuit of Justice Ebook

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"Gripping, shocking, forensic: a true legal thriller."
―Philippe Sands, author of East West Street

Combining the international intrigue of John le Carré with the courtroom drama of John Grisham, this real-life legal thriller asks how we can bring leaders of sovereign nations to account for their crimes.

On September 19, 1989, 170 people were killed when UTA Flight 772 was destroyed by a suitcase bomb planted by Libyan agents. Despite being one of the deadliest terror attacks in history, outside France it remained overshadowed by the Lockerbie bombing that had taken place ten months earlier. Both attacks were carried out at the instruction of Libya’s dictator Muammer Qaddafi, but while ‘Lockerbie’ became synonymous with international terrorism, UTA 772 became the ‘forgotten flight’.

As a lawyer, Stuart H. Newberger represented the families of the seven Americans killed in the UTA 772 attack. Now he tells the story of the ‘forgotten flight’ for the

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American Law 101: An Easy Primer on the U.S. Legal System is a thorough introduction to American legal principles, a highly accessible user’s guide into both the spirit and the black letter law underlying the U.S. legal system. Everyone who wants a better, working understanding of U.S. law and the way it is applied—foreign lawyers, law students or those thinking about law school, business professionals, journalists, and the simply curious—can use this straightforward, approachable guide to the American legal system.

American Law 101 offers:
Easy-to-read and succinct explanations and examples of most of the concepts covered in U.S. law schools Concepts and terms explained in plain English, with minimum use of American colloquialisms, cultural references, and slang Short executive summaries of each chapter that cover the most crucial, "big picture" applications of the concepts covered Simple and useful diagrams Complete copies of the U.S. Constitution and Bill of

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Download How Sex Became a Civil Liberty PDF

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How Sex Became a Civil Liberty is the first book to show how and why we have come to see sexual expression, sexual practice, and sexual privacy as fundamental rights. Using rich archival sources and oral interviews, historian Leigh Ann Wheeler shows how the private lives of women and men in the American Civil Liberties Union shaped their understanding of sexual rights as they built the constitutional foundation for the twentieth-century's sexual revolutions.

Wheeler introduces readers to a number of fascinating figures, including ACLU founders Crystal Eastman and Roger Baldwin; nudists, victims of involuntary sterilization, and others who appealed to the organization for help; as well as attorneys like Dorothy Kenyon, Harriet Pilpel, and Melvin Wulf, who pushed the ACLU to tackle such controversial issues as abortion and homosexuality. It demonstrates how their work with the American Birth Control League, Planned Parenthood Federation, Kinsey Institute, Playboy magazine, and ot

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The law manuscripts of medieval Wales not only explain the historically unique Welsh legal system, but they also stand as works of surprising literary merit. The Legal Triads of Medieval Wales is the first full-length study devoted to the exploration of the legal triads—educational and mnemonic sentences for almost every aspect of medieval Welsh law that collect things in groups of three.  A must for any reader interested in the workings of medieval law, this volume offers a fully edited and translated text of the triads, as well as their literary and legal context.

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In 1963, West Germany was gripped by a dramatic trial of former guards who had worked at the Nazi death camp Auschwitz. It was the largest and most public trial to take place in the country and attracted international attention. Using the pretrial files and extensive trial audiotapes, Rebecca Wittmann offers a fascinating reinterpretation of Germany's first major attempt to confront its past. Evoking the courtroom atmosphere, Wittmann vividly recounts the testimony of survivors, former SS officers, and defendants--a cross-section of the camp population. Attorney General Fritz Bauer made an extraordinary effort to put the entire Auschwitz complex on trial, but constrained by West German murder laws, the prosecution had to resort to standards for illegal behavior that echoed the laws of the Third Reich. This provided a legitimacy to the Nazi state. Only those who exceeded direct orders were convicted of murder. This shocking ruling was reflected in the press coverage, which focused on on

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Racial hatred is one of the ugliest of human emotions. And the United States not only once condoned it, it also mandated it?wove it right into the fabric of American jurisprudence. Federal and state governments legally suspended the free will of blacks for 150 years and then denied blacks equal protection of the law for another 150. How did such crimes happen in America? How were the laws of the land, even the Constitution itself, twisted into repressive and oppressive legislation that denied people their inalienable rights? Taking the Dred Scott case of 1957 as his shocking center, Judge Andrew P. Napolitano tells the story of how it happened and, through it, builds a damning case against American statesmen from Lincoln to Wilson, from FDR to JFK. Born a slave in Virginia, Dred Scott sued for freedom based on the fact that he had lived in states and territories where slavery was illegal. The U.S. Supreme Court ruled against Scott, denied citizenship to blacks, and spawned more than a

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Free Public Law, Private Practice: Politics, Profit, and the Legal Profession in Nineteenth-Century Japan (Harvard East Asian Monographs) Ebook

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Long ignored by historians and repudiated in their time, practitioners of private law opened the way toward Japan’s legal modernity. From the seventeenth to the turn of the twentieth century, lawyers and their predecessors changed society in ways that first samurai and then the state could not. During the Edo period (1600–1868), they worked from the shadows to bend the shogun’s law to suit the market needs of merchants and the justice concerns of peasants. Over the course of the nineteenth century, legal practitioners changed law from a tool for rule into a new epistemology and laid the foundation for parliamentary politics during the Meiji era (1868–1912). This social and political history argues that legal modernity sprouted from indigenous roots and helped delineate a budding nation’s public and private spheres. Tracing the transition of law regimes from Edo to Meiji, Darryl E. Flaherty shows how the legal profession emerged as a force for change in modern Japan and highl

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