This volume contains reprints of the lectures delivered in the Selden Society lecture series from 1952 to 2000. The lecturers were chosen from among those pre-eminent in the field of English legal history, and the choice of topic was the lecturer's. The lectures therefore range very widely in subject and approach.
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
How does law come to be stated as substantive rules, and then how does it change? In this collection of discussions from the James S. Carpentier Lectures in legal history and criticism, one of Britain's most acclaimed legal historians S. F. C. Milsom focuses on the development of English common law—the intellectually coherent system of substantive rules that courts bring to bear on the particular facts of individual cases—from which American law was to grow. Milsom discusses the differences between the development of land law and that of other kinds of law and, in the latter case, how procedural changes allowed substantive rules first to be stated and then to be circumvented. He examines the invisibility of early legal change and how adjustment to conditions was hidden behind such things as the changing meaning of words. Milsom points out that legal history may be more prone than other kinds of history to serious anachronism. Nobody ever states his assumptions, and a legal writer, addressing his contemporaries, never provided a glossary to warn future historians against attributing their own meanings to his words and therefore their own assumptions to his world. Formal continuity has enabled nineteenth-century assumptions to be carried back, in some respects as far back as the twelfth century. This book brings together Milsom's efforts to understand the uncomfortable changes that lie beneath that comforting formal surface. Those changes were too large to have been intended by anyone at the time and too slow to be perceived by historians working within the short periods now imposed by historical convention. The law was made not by great men making great decisions but by man-sized men unconcerned with the future and thinking only about their own immediate everyday difficulties. King Henry II, for example, did not intend the changes attributed to him in either land law or criminal law; the draftsman of De Donis did not mean to create the entail; nobody ever dreamed up a fiction with intent to change the law.
Contains over four thousand alphabetically arranged entries that provide information about terms, concepts, events, movements, cases, and persons significant to U.S. law; and includes sidebars and In Focus articles, tables and indexes, and a variety of reference materials.
A Foreign Affairs Best Book of the Year Winner of the AATSEEL Prize for Best Book in Cultural Studies Winner of the Laura Shannon Prize in Contemporary European Studies Winner of the Marshall D. Shulman Book Prize Winner of the Wayne S. Vucinich Book Prize The Soviet Union was a notoriously closed society until Stalin’s death in 1953. Then, in the mid-1950s, a torrent of Western novels, films, and paintings invaded Soviet streets and homes, acquiring heightened emotional significance. To See Paris and Die is a history of this momentous opening to the West. At the heart of this history is a process of translation, in which Western figures took on Soviet roles: Pablo Picasso as a political rabble-rouser; Rockwell Kent as a quintessential American painter; Erich Maria Remarque and Ernest Hemingway as teachers of love and courage under fire; J. D. Salinger and Giuseppe De Santis as saviors from Soviet clichés. Imported novels challenged fundamental tenets of Soviet ethics, while modernist paintings tested deep-seated notions of culture. Western films were eroticized even before viewers took their seats. The drama of cultural exchange and translation encompassed discovery as well as loss. Eleonory Gilburd explores the pleasure, longing, humiliation, and anger that Soviet citizens felt as they found themselves in the midst of this cross-cultural encounter. The main protagonists of To See Paris and Die are small-town teachers daydreaming of faraway places, college students vicariously discovering a wider world, and factory engineers striving for self-improvement. They invested Western imports with political and personal significance, transforming foreign texts into intimate belongings. With the end of the Soviet Union, the Soviet West disappeared from the cultural map. Gilburd’s history reveals how domesticated Western imports defined the last three decades of the Soviet Union, as well as its death and afterlife.
An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
This two-volume set brings together a collection of writings and speeches by James Wilson, one of only six signers of both the Declaration of Independence and the United States Constitution. His works had a significant impact on the deliberations that produced the cornerstone documents of American democracy.
The pervasiveness of Protestant natural law in the early modern period and its significance in the Scottish Enlightenment have long been recognised. This book reveals that Thomas Reid (1710-1796) - the great contemporary of David Hume and Adam Smith - also worked in this tradition. When Reid succeeded Adam Smith as professor of moral philosophy in Glasgow in 1764, he taught a course covering pneumatology, practical ethics, and politics. This section on practical ethics took its starting point from the system of natural law and rights published by Francis Hutcheson. Knud Haakonssen has reconstructed it here for the first time from Reid's manuscript lectures and papers, and it provides a considerable addition to our understanding not only of Reid but of the thought of the Scottish Enlightenment and of the education system of the time. The present work is a revised version of a work first published by Princeton University Press in 1990 which has long been out of print.