Law's History


Book Description

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.




Dress Codes


Book Description

A law professor and cultural critic offers an eye-opening exploration of the laws of fashion throughout history, from the middle ages to the present day, examining the canons, mores and customs of clothing rules that we often take for granted




The Color of Law: A Forgotten History of How Our Government Segregated America


Book Description

New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.




A History of Law in Canada, Volume One


Book Description

A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.




Blue Laws


Book Description







Rules


Book Description

A panoramic history of rules in the Western world Rules order almost every aspect of our lives. They set our work hours, dictate how we drive and set the table, tell us whether to offer an extended hand or cheek in greeting, and organize the rites of life, from birth through death. We may chafe under the rules we have, and yearn for ones we don’t, yet no culture could do without them. In Rules, historian Lorraine Daston traces their development in the Western tradition and shows how rules have evolved from ancient to modern times. Drawing on a rich trove of examples, including legal treatises, cookbooks, military manuals, traffic regulations, and game handbooks, Daston demonstrates that while the content of rules is dazzlingly diverse, the forms that they take are surprisingly few and long-lived. Daston uncovers three enduring kinds of rules: the algorithms that calculate and measure, the laws that govern, and the models that teach. She vividly illustrates how rules can change—how supple rules stiffen, or vice versa, and how once bothersome regulations become everyday norms. Rules have been devised for almost every imaginable activity and range from meticulous regulations to the laws of nature. Daston probes beneath this variety to investigate when rules work and when they don’t, and why some philosophical problems about rules are as ancient as philosophy itself while others are as modern as calculating machines. Rules offers a wide-angle view on the history of the constraints that guide us—whether we know it or not.







Laws of Men and Laws of Nature


Book Description

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.




Command and Persuade


Book Description

Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Voted one of the best law books of 2021 by the UK Times. Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.