A revisionist history of habeas corpus the world's most revered legal device. Habeas corpus was not established to protect the rights of the individual but rather to protect the individual from abusive judges and jailers.
Release on 2012-05-31 | by H. V. Bowen,Elizabeth Mancke,John G. Reid
Atlantic and Indian Ocean Worlds, c.1550–1850
Author: H. V. Bowen,Elizabeth Mancke,John G. Reid
Pubpsher: Cambridge University Press
This pioneering comparative study of British imperialism in the Atlantic and Indian Ocean worlds draws on the perspectives of British newcomers overseas and their native hosts, metropolitan officials and corporate enterprises, migrants and settlers. Leading scholars examine the divergences and commonalities in the legal and economic regimes that allowed Britain to project imperium across the globe. They explore the nature of sovereignty and law, governance and regulation, diplomacy, military relations and commerce, shedding new light on the processes of expansion that influenced the making of empire. While acknowledging the distinctions and divergences in imperial endeavours in Asia and the Americas - not least in terms of the size of indigenous populations, technical and cultural differences, and approaches to indigenous polities - this book argues that these differences must be seen in the context of what Britons overseas shared, including constitutional principles, claims of sovereignty, disciplinary regimes and military attitudes.
Despite its mystique as the greatest Anglo-American legal protection, habeas corpus' history features power plays, political hypocrisy, ad hoc jurisprudence, and failures in securing individual liberty. This book tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas' historical controversies - addressing its origins, the relationship between king and parliament, the US Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and wartime detainees from the Civil War and World War II to the War on Terror. It stresses the importance of liberty and detention policy in making the writ more than a tool of power. The book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power.
Release on 2011-02-24 | by Judith Farbey,R.J. Sharpe,Simon Atrill
Author: Judith Farbey,R.J. Sharpe,Simon Atrill
Pubpsher: Oxford University Press
Habeas corpus is everyone's 'get out of jail free' card. It is the legal remedy ensuring a person's release from prison or any other form of custody when the detention cannot be justified in law. This volume provides in-depth and critical analysis of the law behind this vital protection of liberty.
Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham's most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing. Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham's distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally. Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding modern constitutional and legal debates for the general reader.
Release on 2013-12-06 | by George Blaine Baker,Donald Fyson
Quebec and the Canadas
Author: George Blaine Baker,Donald Fyson
Pubpsher: University of Toronto Press
The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
Release on 2014-07-31 | by Fernanda Pirie,Judith Scheele
Community and Justice
Author: Fernanda Pirie,Judith Scheele
Pubpsher: OUP Oxford
'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.
In The English and their History, the first full-length account to appear in one volume for many decades, Robert Tombs gives us the history of the English people, and of how the stories they have told about themselves have shaped them, from the prehistoric 'dreamtime' through to the present day If a nation is a group of people with a sense of kinship, a political identity and representative institutions, then the English have a claim to be the oldest nation in the world. They first came into existence as an idea, before they had a common ruler and before the country they lived in even had a name. They have lasted as a recognizable entity ever since, and their defining national institutions can be traced back to the earliest years of their history. The English have come a long way from those precarious days of invasion and conquest, with many spectacular changes of fortune. Their political, economic and cultural contacts have left traces for good and ill across the world. This book describes their history and its meanings from their beginnings in the monasteries of Northumbria and the wetlands of Wessex to the cosmopolitan energy of today's England. Robert Tombs draws out important threads running through the story, including participatory government, language, law, religion, the land and the sea, and ever-changing relations with other peoples. Not the least of these connections are the ways the English have understood their own history, have argued about it, forgotten it, and yet been shaped by it. These diverse and sometimes conflicting understandings are an inherent part of their identity. Rather to their surprise, as ties within the United Kingdom loosen, the English are suddenly beginning a new period in their long history. Especially at times of change, history can help us to think about the sort of people we are and wish to be. This book, the first single-volume work on this scale for more than half a century, and which incorporates a wealth of recent scholarship, presents a challenging modern account of this immense and continuing story, bringing out the strength and resilience of English government, the deep patterns of division, and yet also the persistent capacity to come together in the face of danger. ROBERT TOMBS is Professor of French History at Cambridge University and a Fellow of St John's College. His book That Sweet Enemy: the French and the British from the Sun King to the Present, co-written with his wife Isabelle, was published in 2006.