Habeas Corpus

From England to Empire
Author: Paul Delaney Halliday
Publisher: Harvard University Press
ISBN: 9780674049017
Category: History
Page: 502
View: 9199
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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.

Habeas Corpus

From England to Empire
Author: Paul D. Halliday
Publisher: Belknap Press
ISBN: 9780674064201
Category: History
Page: 502
View: 3764
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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.

Making Habeas Work

A Legal History
Author: Eric M. Freedman
Publisher: NYU Press
ISBN: 1479858943
Category: Law
Page: 208
View: 3671
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A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today’s most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence. Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in “the case of the headless baby”) because their cases did not bear the label “habeas corpus.” The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.

Habeas Corpus in Wartime

From the Tower of London to Guantanamo Bay
Author: Amanda L. Tyler
Publisher: Oxford University Press
ISBN: 0199856664
Category: Law
Page: 448
View: 5248
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Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.

The Power of Habeas Corpus in America

From the King's Prerogative to the War on Terror
Author: Anthony Gregory
Publisher: Cambridge University Press
ISBN: 1107067952
Category: Law
Page: N.A
View: 5926
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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.

The Word of the Lord Is Upon Me

the righteous performance of Martin Luther King, Jr.
Author: Jonathan Rieder
Publisher: Harvard University Press
ISBN: 0674042735
Category: History
Page: 408
View: 2809
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Taking us deep into King's backstage discussions with colleagues, his preaching to black congregations, his exhortations in mass meetings, and his crossover addresses to whites, Rieder tells a powerful story about the tangle of race, talk, and identity in the life of one of America's greatest moral and political leaders.

The Oxford Handbook of the U.S. Constitution


Author: Mark Tushnet,Mark A. Graber,Sanford Levinson
Publisher: Oxford University Press
ISBN: 0190245778
Category: Political Science
Page: 992
View: 7406
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The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

A New Deal for the World


Author: Elizabeth Borgwardt
Publisher: Harvard University Press
ISBN: 0674281926
Category: History
Page: N.A
View: 3780
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In a work of sweeping scope and luminous detail, Elizabeth Borgwardt describes how a cadre of World War II American planners inaugurated the ideas and institutions that underlie our modern international human rights regime. Borgwardt finds the key in the 1941 Atlantic Charter and its Anglo-American vision of "war and peace aims." In attempting to globalize what U.S. planners heralded as domestic New Deal ideas about security, the ideology of the Atlantic Charter--buttressed by FDR’s "Four Freedoms" and the legacies of World War I--redefined human rights and America’s vision for the world. Three sets of international negotiations brought the Atlantic Charter blueprint to life--Bretton Woods, the United Nations, and the Nuremberg trials. These new institutions set up mechanisms to stabilize the international economy, promote collective security, and implement new thinking about international justice. The design of these institutions served as a concrete articulation of U.S. national interests, even as they emphasized the importance of working with allies to achieve common goals. The American architects of these charters were attempting to redefine the idea of security in the international sphere. To varying degrees, these institutions and the debates surrounding them set the foundations for the world we know today. By analyzing the interaction of ideas, individuals, and institutions that transformed American foreign policy--and Americans’ view of themselves--Borgwardt illuminates the broader history of modern human rights, trade and the global economy, collective security, and international law. This book captures a lost vision of the American role in the world.

The Rule of Law


Author: Tom Bingham
Publisher: Penguin UK
ISBN: 0141962011
Category: Law
Page: 224
View: 6049
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'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

Transnational Penal Cultures

New perspectives on discipline, punishment and desistance
Author: Vivien Miller,James Campbell
Publisher: Routledge
ISBN: 1317807197
Category: Social Science
Page: 234
View: 2982
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Focusing on three key stages of the criminal justice process, discipline, punishment and desistance, and incorporating case studies from Asia, the Americas, Europe, Africa and Australia, the thirteen chapters in this collection are based on exciting new research that explores the evolution and adaptation of criminal justice and penal systems, largely from the early nineteenth century to the present. They range across the disciplinary boundaries of History, Criminology, Law and Penology. Journeying into and unlocking different national and international penal archives, and drawing on diverse analytical approaches, the chapters forge new connections between historical and contemporary issues in crime, prisons, policing and penal cultures, and challenge traditional Western democratic historiographies of crime and punishment and categorisations of offenders, police and ex-offenders. The individual chapters provide new perspectives on race, gender, class, urban space, surveillance, policing, prisonisation and defiance, and will be essential reading for academics and students engaged in the study of criminal justice, law, police, transportation, slavery, offenders and desistance from crime.

The English and Their History


Author: Robert Tombs
Publisher: Vintage
ISBN: 1101874775
Category: History
Page: 1040
View: 9226
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A New York Times 2016 Notable Book Robert Tombs’s momentous The English and Their History is both a startlingly fresh and a uniquely inclusive account of the people who have a claim to be the oldest nation in the world. The English 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 first 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 embarking on a new chapter. The English and Their History, 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 also the persistent capacity to come together in the face of danger.

Forensic Shakespeare


Author: Quentin Skinner
Publisher: Oxford University Press, USA
ISBN: 0199558248
Category: Literary Criticism
Page: 356
View: 1997
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Shakespeare and Judicial Rhetoric illustrates Shakespeare's creative processes by revealing some of the intellectual materials out of which some of his most famous works were composed. Focusing on the narrative poem Lucrece, on four of his late Elizabethan plays -- Romeo and Juliet, The Merchant of Venice, Julius Caesar and Hamlet -- and on three early Jacobean dramas, Othello, Measure for Measure and All's Well That Ends Well, Quentin Skinner argues that there are major speeches, and sometimes sequences of scenes, that are crafted according to a set of rhetorical precepts about how to develop a persuasive judicial case, either in accusation or defence. Some of these works have traditionally been grouped together as "problem plays," but here Skinner offers a different explanation for their frequent similarities of tone. There have been many studies of Shakespeare's rhetoric, but they have generally concentrated on his wordplay and use of figures and tropes. By contrast, this study concentrates on Shakespeare's use of judicial rhetoric as a method of argument. By approaching the plays from this perspective, Skinner is able to account for some distinctive features of Shakespeare's vocabulary, and also help to explain why certain scenes follow a recurrent pattern and arrangement.

The Magna Carta Manifesto

Liberties and Commons for All
Author: Peter Linebaugh
Publisher: Univ of California Press
ISBN: 0520260007
Category: History
Page: 376
View: 4030
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History.

Judicial Review Handbook


Author: Michael Fordham
Publisher: Bloomsbury Publishing
ISBN: 1782250298
Category: Law
Page: 890
View: 5796
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Writing in the fifth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to extract, classify and present illustrations and statements of principle". Behind this aim lay the practitioner's overwhelming need to know and understand the case-law. Without it, as Fordham says "much can be achieved in public law through instinct, experience and familiarity with general principles which are broad, flexible and designed to accord with common sense". But with knowledge of the case law comes the vital ability to be able to point to and rely on an authoritative statement of principle and working illustration. Knowing the case-law is crucial: "the challenge is to find it". This, the sixth edition of the Handbook, continues the tradition established by earlier editions, in rendering the voluminous case-law accessible and knowable. This Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the sixth edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Their impact, and the plethora of cases which explore their meaning and application, were fully analysed and evaluated in the previous edition, but this time around their importance has grown exponentially and is reflected in even greater attention being given to their respective roles. Attention is also given to another new development - the coming into existence of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the early signs from a Court that is expected to be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)

England Under the Stuarts


Author: George Macaulay Trevelyan
Publisher: N.A
ISBN: N.A
Category: Great Britain
Page: 566
View: 3218
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The Death of Britain?


Author: J. Redwood
Publisher: Springer
ISBN: 0333982770
Category: Political Science
Page: 201
View: 2211
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Can the United Kingdom survive devolution, European integration, reform of the Lords, slimming of the monarchy and proportional representation? Will the new House of Lords be anything more than a rubber stamp full of friends of the Prime Minister? Will Scotland now shatter the Union by demanding full independence? In this dramatic new book John Redwood looks at the sweeping changes to Britain's institutions, democracy and the way of life now arising from the European project. Viewing the Blairite revolution as the agency for wider changes coming from the agenda of France, Germany and the European Commission, Redwood asks the key questions: are these changes inevitable, are they desirable, and what will they mean for British democracy?

Magna Carta


Author: Ralph Turner
Publisher: Routledge
ISBN: 1317873947
Category: History
Page: 266
View: 7311
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This new history is the first to tell the story of Magna Carta ‘through the ages’. No other general work traces its continuing importance in England’s political consciousness. Many books have examined the circumstances surrounding King John’s grant of Magna Carta in 1215. Very few trace the Charter’s legacy to subsequent centuries and even fewer look at the fate of the physical document. Turner also underlines its great influence outside the United Kingdom, especially in North America. Today, the Charter enjoys greater prestige in the United States, the land of lawyers, than in Britain. U.S. citizens claim Magna Carta as a source of their liberties, guaranteeing ‘due process of law’ and condemning ‘executive privilege’.

Chimpanzee Rights

The Philosophers’ Brief
Author: Kristin Andrews,Gary L Comstock,Crozier G.K.D.,Sue Donaldson,Andrew Fenton,Tyler M John,L. Syd M Johnson,Robert C Jones,Will Kymlicka,Letitia Meynell,Nathan Nobis,David Pena-Guzman,Jeff Sebo
Publisher: Routledge
ISBN: 0429865619
Category: Philosophy
Page: 122
View: 8367
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Since 2013, an organization called the Nonhuman Rights Project has brought before the New York State courts an unusual request—asking for habeas corpus hearings to determine whether Kiko and Tommy, two captive chimpanzees, should be considered legal persons with the fundamental right to bodily liberty. While the courts have agreed that chimpanzees share emotional, behavioural, and cognitive similarities with humans, they have denied that chimpanzees are persons on superficial and sometimes conflicting grounds. Consequently, Kiko and Tommy remain confined as legal "things" with no rights. The major moral and legal question remains unanswered: are chimpanzees mere "things", as the law currently sees them, or can they be "persons" possessing fundamental rights? In Chimpanzee Rights: The Philosophers’ Brief, a group of renowned philosophers considers these questions. Carefully and clearly, they examine the four lines of reasoning the courts have used to deny chimpanzee personhood: species, contract, community, and capacities. None of these, they argue, merits disqualifying chimpanzees from personhood. The authors conclude that when judges face the choice between seeing Kiko and Tommy as things and seeing them as persons—the only options under current law—they should conclude that Kiko and Tommy are persons who should therefore be protected from unlawful confinement "in keeping with the best philosophical standards of rational judgment and ethical standards of justice." Chimpanzee Rights: The Philosophers’ Brief—an extended version of the amicus brief submitted to the New York Court of Appeals in Kiko’s and Tommy’s cases—goes to the heart of fundamental issues concerning animal rights, personhood, and the question of human and nonhuman nature. It is essential reading for anyone interested in these issues.

Dreaming War

Blood for Oil and the Cheney-Bush Junta
Author: Gore Vidal
Publisher: Nation Books
ISBN: 0786750308
Category: Political Science
Page: 176
View: 6160
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When Gore Vidal's recent New York Times bestseller Perpetual War for Perpetual Peace was published, the Los Angeles Times described Vidal as the last defender of the American republic. In Dreaming War, Vidal continues this defense by confronting the Cheney-Bush junta head on in a series of devastating essays that demolish the lies American Empire lives by, unveiling a counter-history that traces the origins of America's current imperial ambitions to the experience of World War Two and the post-war Truman doctrine. And now, with the Cheney-Bush leading us into permanent war, Vidal asks whose interests are served by this doctrine of pre-emptive war? Was Afghanistan turned to rubble to avenge the 3,000 slaughtered on September 11? Or was "the unlovely Osama chosen on aesthetic grounds to be the frightening logo for our long contemplated invasion and conquest of Afghanistan?" After all he was abruptly replaced with Saddam Hussein once the Taliban were overthrown. And while "evidence" is now being invented to connect Saddam with 9/11, the current administration are not helped by "stories in the U.S. press about the vast oil wealth of Iraq which must- for the sake of the free world- be reassigned to U.S. consortiums."

Empires of the Atlantic World

Britain and Spain in America, 1492-1830
Author: John Huxtable Elliott
Publisher: Yale University Press
ISBN: 9780300123999
Category: History
Page: 546
View: 3471
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Compares the empires built by Spain and Britain in the Americas, from Columbus's arrival in the New World to the end of Spanish colonial rule in the early nineteenth century.