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Books : Nonfiction : Law : Legal History
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Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this penetrating book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world.
Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power.
The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.
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From the authors of the acclaimed Ladies and Gentlemen of the Jury, and featuring some of the most important cases in criminal law, The Devil's Advocates is the final volume of a must-have trilogy of the best closing arguments in American legal history.Criminal law is considered by many to be the most exciting of the legal specialties, and here the authors turn to the type of dramatic crimes and trials that have so captivated the public -- becoming fodder for countless television shows and legal thrillers. But the eight cases in this collection have also set historical precedents and illuminated underlying principles of the American criminal justice system.
Future president John Adams makes clear that even the most despised and vilified criminal is entitled to a legal defense in the argument he delivers on behalf of the British soldiers who shot and killed five Americans during the Boston Massacre.
The always-controversial temporary-insanity defense makes its debut within sight of the White House when, in front of horrified onlookers, a prominent congressman guns down the district attorney over an extramarital affair.
Clarence Darrow provides a ringing defense of a black family charged with using deadly force to defend themselves from a violent mob -- an argument that refines the concept of self-defense and its applicability to all races.
The treason trial of Aaron Burr, accused of plotting to "steal" the western territories of the United States and form a new country with himself as its head, offers a fascinating glimpse into a rare type of prosecution, as well as a look at one of the most interesting traitors in the nation's history.
Perhaps the best-known case in the book is that of Ernesto Miranda, the accused rapist whose trial led to the Supreme Court decision requiring police to advise suspects of their rights to remain silent and to have an attorney present -- their Miranda rights.
Each of the eight cases presented here is given legal and cultural context, including a brief historical introduction, a biographical sketch of the attorneys involved, highlights of trial testimony, analysis of the closing arguments, and a summary of the trial's impact on its participants and our country. In clear, jargon-free prose, Michael S Lief and H. Mitchell Caldwell make these pivotal cases come to vibrant life for every reader.
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One Saturday morning in February 1972, an impoundment dam owned by the Pittston Coal Company burst, sending a 130 million gallon, 25 foot tidal wave of water, sludge, and debris crashing into southern West Virginia's Buffalo Creek hollow. It was one of the deadliest floods in U.S. history. 125 people were killed instantly, more than 1,000 were injured, and over 4,000 were suddenly homeless. Instead of accepting the small settlements offered by the coal company's insurance offices, a few hundred of the survivors banded together to sue. This is the story of their triumph over incredible odds and corporate irresponsibility, as told by Gerald M. Stern, who as a young lawyer and took on the case and won.
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"Three generations of imbeciles are enough." Few lines from Supreme Court opinions are as memorable as this declaration by Justice Oliver Wendell Holmes Jr. in the landmark 1927 case Buck v. Bell. The ruling allowed states to forcibly sterilize residents in order to prevent "feebleminded and socially inadequate" people from having children. It is the only time the Supreme Court endorsed surgery as a tool of government policy. Paul Lombardo's startling narrative exposes the Buck case's fraudulent roots.
In 1924 Carrie Buck -- involuntarily institutionalized by the State of Virginia after she was raped and impregnated -- challenged the state's plan to sterilize her. Having already judged her mother and daughter mentally deficient, Virginia wanted to make Buck the first person sterilized under a new law designed to prevent hereditarily "defective" people from reproducing. Lombardo's more than twenty-five years of research and his own interview with Buck before she died demonstrate conclusively that she was destined to lose the case before it had even begun. Neither Carrie Buck nor her mother and daughter were the "imbeciles" condemned in the Holmes opinion. Her lawyer -- a founder of the institution where she was held -- never challenged Virginia's arguments and called no witnesses on Buck's behalf. And judges who heard her case, from state courts up to the U.S. Supreme Court, sympathized with the eugenics movement. Virginia had Carrie Buck sterilized shortly after the 1927 decision.
Though Buck set the stage for more than sixty thousand involuntary sterilizations in the United States and was cited at the Nuremberg trials in defense of Nazi sterilization experiments, it has never been overturned. Three Generations, No Imbeciles tracks the notorious case through its history, revealing that it remains a potent symbol of government control of reproduction and a troubling precedent for the human genome era.
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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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Now in paperback!Here is an entirely new and comprehensive commentary by canon lawyers from North America and Europe, with a revised English translation of the Code. It reflects the enormous developments in canon law since the publication of the original commentary.
New features:
o A focus on the lived experience of the Latin Church since the promulgation of the 1983 Code
o Inclusion of significant canonical developments made since 1983 by the Council for the Interpretation of Legislative Texts, as well as recent Papal statements
o An accounting of disputed canonical questions such as lay exercises of jurisdiction
o An effort to take into consideration the 1990 Eastern Code
o An effort to engage other commentaries on the 1983 code that have been published since its promulgationAn indispensable pastoral reference work, this book belongs in every parish, rectory, university and seminary library.
First Place Winner, Reference Books category, 2001 CPA Awards
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What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies.
An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition.
Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.
(20080621)
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The new edition of the in-depth manual of Islamic law based on the Shafi'i school of thought, with a detalied index and commentary on specific rulings. 1,200 pages in an exceptional binding with Arabic and facing English text in two column format with occasional diagrams. 'Umdat al-Salik wa 'Uddat al-Nasik (Reliance of the Traveller and tools of the Worshipper) is a classic manual of fiqh. It represents the fiqh rulings according to the Shafi'I school of jurisprudence. The appendices form an integral part of the book and present original texts and translations from classic works by prominent scholars such as al-Ghazali, Ibn Qudamah, al-Nawawi, al-Qurturbi, al-Dhahabi, Ibn Hajar and other, on topics of Islamic law, faith, spirituality, Qur'anic exegesis and Hadith sciences. It has also biographical notes about every person mentioned (391 biographies) , bibliography of each work cited (136 works), and a detailed subject index (95 pages). Of the 136 works drawn upon in its commentary and appendices, 134 are in the original Arabic. The sections and paragraphs have been numbered to facilitate cross-reference.
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Recreates the painful ordeal of a woman stoned to death in modern Iran based on her husband's accusation of adultery, laying bare a painful miscarriage of justice and the disparity of rights between the genders in Muslim society.
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Almost every day, a judge in the United States holds a statute unconstitutional. This power of the judges is known as “judicial review,” and it often seems the central feature of American constitutional law. The authority and scope of this power, however, have long remained unclear, and because historical accounts have tended to suggest that the judges themselves largely developed judicial review, the history has given credence to the view that judges enjoy considerable discretion over the extent and exercise of this power.
Law and Judicial Duty presents a very different history and a very different conception of the power of the judges. Drawing upon previously unexplored evidence, Philip Hamburger reveals the familiar notion of judicial review to be largely an illusion produced by modern assumptions, and he shows that what today is called “judicial review” was once understood more simply as part of the duty of judges to decide in accord with the law of the land. His book challenges many modern assumptions about the extent of judicial power, and by exploring judicial duty in its social context, the book raises sobering questions about the nature of law and the possibility of government under law.
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This book offers the only detailed presentation available in English of the theory of Muslim law (usul al-fiqh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Muslim jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the Sunna - the precedent of the Prophet. At a time when many Muslim countries are moving towards the reintroduction of Islamic law, it is important that the principles and nature of this rich and diverse legal tradition be correctly understood, both by legislators themselves and by outside observers. Written as a university textbook, Principles of Islamic Jurisprudence is distinguished by its clarity and readability; it is an essential reference work not only for students of Islamic law, but also for anyone with an interest in Muslim society or in issues of comparative jurisprudence.
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Canon law is the name given to the rules that govern church order and discipline of the Roman Catholic Church. This valuable book, which has been updated to reflect changes and adaptations in canon law and new resources in the field, offers an introductory orientation of all of canon law.A superb teaching and learning tool, it provides outlines and overviews of relatively complex areas of canon law, sketches the basic structure and design of the various offices and functions within the church and how they relate to each other, and gives an orientation to the more important areas of canon law, as well as a background and context within which more detailed rules can be understood. Two appendices offer guidance for doing canonical research and case studies for further discussion.
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The riveting true story of one of the nation’s most infamous trials and executions
When the state of Massachusetts electrocuted Nicola Sacco and Bartolomeo Vanzetti on August 23, 1927, it concluded one of the most controversial legal cases in American history. In the eight decades since, debate has raged over what was probably a miscarriage of justice.
In the first full-length narrative of the case in thirty years, Bruce Watson unwinds a gripping tale that opens with anarchist bombs going off in a posh Washington, D.C., neighborhood and concludes with worldwide outrage over the execution of the “good shoemaker” and the “poor fish peddler.” Sacco and Vanzetti mines deep archives and new sources, unveiling fresh details about these naïve dreamers and militant revolutionaries. This case still haunts the American imagination. Authoritative and engrossing, Sacco and Vanzetti will capture fans of true crime books and everyone who enjoys riveting American history.
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Historian Peter Charles Hoffer reexamines a notorious episode in American history and presents many of its legal details in true perspective for the first time. Hoffer also shows how rights we take for granted today did not exist in colonial times, and he demonstrates how these cases relate to current instances of children accusing adults of abuse.
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"Robert Spencer has here assembled a collection of documents devastating to PC myth and multiculturalist wishful thinking. Anyone concerned about the dangers of politically motivated distortions of Islamic theology and history should not miss this explosive and enlightening volume." JEFFREY RUBIN, Editor, Conservative Book Club"A necessary corrective to the prevailing opinion fostered among academics by Karen Armstrong, Abou El Fadl, et al. that Islam is a religion of peace, justice, and tolerance. The work brings to light the total suppression of human rights in Islamic society, the true meaning of jihad (armed conflict against all nonbelievers), and the horrors of dhimmitude (life for Christians and Jews under Islamic law). It should be required reading for all those who seek a true understanding of the socioreligious basis for the rise of Osama bin Laden and his network of international Islamic terror." PAUL L. WILLIAMS, PhD, Author of OSAMA'S REVENGE: THE NEXT 9/11--WHAT THE MEDIA AND THE GOVERNMENT HAVEN'T TOLD YOU
THE MYTH OF ISLAMIC TOLERANCE brings to light the deeply ingrained historical, cultural, and religious elements of a profound modern crisis--the violence, fanaticism, and contempt for outsiders that characterizes much of the Islamic world today. This wide-ranging group of essays clearly explains how these poisonous attitudes are rooted in laws and cultural habits that are connected organically to the concept of jihad and its corollary institution, dhimmitude--which are in turn a primary impetus for global terrorism today. The scholars presented in this essential volume come up with many surprising and disturbing conclusions.
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The only book on Dred Scott built around primary documents, this brief text examines the 1857 Supreme Court case - one of the most controversial and notorious judicial decisions in U.S. history - in which a slave unsuccessfully sued for his freedom. In addition to excerpts from each justice's opinion, contemporary editorials and newspaper articles, and pertinent excerpts from the Lincoln-Douglas debates, the book includes a comprehensive introduction that provides background information on the slavery controversy in antebellum America. Helpful editorial features include headnotes, maps, illustrations, a chronology, questions for consideration, a selected bibliography, and an index.
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What impact has Christianity had on the law from its beginnings to the present day? This introduction explores the main legal teachings of Western Christianity, set out in the texts and traditions of scripture and theology, philosophy and jurisprudence. It takes up the weightier matters of the law that Christianity has profoundly shaped - justice and mercy, rule and equity, discipline and love - as well as more technical topics of canon law, natural law, and state law. Some of these legal creations were wholly original to Christianity. Others were converted from Jewish and classical traditions. Still others were reformed by Renaissance humanists and Enlightenment philosophers. But whether original or reformed, these Christian teachings on law, politics and society have made and can continue to make fundamental contributions to modern law in the West and beyond.
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Domesday Book, compiled in 1086 at the behest of William the Conqueror, has been described as "the most valuable piece of antiquity possessed by any nation" (David Hume) and viewed by historians as the final act of the Norman conquest. Produced under the supervision of the most renowned Domesday scholars, this authoritative translation of the complete Domesday offers a remarkable portrait of England in the late eleventh century.