Best of
Law

1993

John Grisham: 3 Novels (The Pelican Brief, A Time to Kill, The Firm)


John Grisham - 1993
    It includes The Rainmaker, The Client and The Chamber.

Ain't Nobody's Business if You Do: The Absurdity of Consensual Crimes in a Free Society


Peter McWilliams - 1993
    What is your position on prostitution, pornography, gambling and other victimless crimes? This book will make readers consider their rights and the rights of others in a more humanistic and caring way. First serial to Playboy. (Prelude Press)

The Debate on the Constitution, Part 1: Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification: September 1787 to February 1788


Bernard BailynJoseph Barrell - 1993
    Instead of revising the Articles of Confederation, the framers had created a fundamentally new national plan that placed over the states a supreme government with broad powers. They proposed to submit it to conventions in each state, elected “by the People thereof,” for ratification.Immediately, a fierce storm of argument broke. Federalist supporters, Antifederalist opponents, and seekers of a middle ground strove to balance public order and personal liberty as they praised, condemned, challenged, and analyzed the new Constitution.Assembled here in chronological order are hundreds of newspaper articles, pamphlets, speeches, and private letters written or delivered in the aftermath of the Constitutional Convention. Along with familiar figures like Franklin, Madison, Patrick Henry, Jefferson, and Washington, scores of less famous citizens are represented, all speaking clearly and passionately about government. The most famous writings of the ratification struggle—the Federalist essays of Hamilton and Madison—are placed in their original context, alongside the arguments of able antagonists, such as “Brutus” and the “Federal Farmer.”Part One includes press polemics and private commentaries from September 1787 to January 1788. That autumn, powerful arguments were made against the new charter by Virginian George Mason and the still-unidentified “Federal Farmer,” while in New York newspapers, the Federalist essays initiated a brilliant defense. Dozens of speeches from the state ratifying conventions show how the “draft of a plan, nothing but a dead letter,” in Madison’s words, had “life and validity…breathed into it by the voice of the people.” Included are the conventions in Pennsylvania, where James Wilson confronted the democratic skepticism of those representing the western frontier, and in Massachusetts, where John Hancock and Samuel Adams forged a crucial compromise that saved the country from years of political convulsion.Informative notes, biographical profiles of all writers, speakers, and recipients, and a detailed chronology of relevant events from 1774 to 1804 provide fascinating background. A general index allows readers to follow specific topics, and an appendix includes the Declaration of Independence, the Articles of Confederation, and the Constitution (with all amendments).

The Debate on the Constitution, Part 2: Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification: January to August 1788


Bernard BailynTench Coxe - 1993
    Included are dramatic confrontations from Virginia, where Patrick Henry pitted his legendary oratorical skills against the persuasive logic of Madison, and from New York, where Alexander Hamilton faced the brilliant Antifederalist Melancton Smith.In addition to useful notes, there are biographical profiles of all writers, speakers, and recipients, and a detailed chronology of relevant events from 1774 to 1804 provide fascinating background. A general index allows readers to follow specific topics, and an appendix includes the Declaration of Independence, the Articles of Confederation, and the Constitution (with all amendments).

Is Reality Optional?: And Other Essays


Thomas Sowell - 1993
    Sowell challenges all the assumptions of contemporary liberalism on issues ranging from the economy to race to education in this collection of controversial essays, and captures his thoughts on politics, race, and common sense with a section at the end for thought-provoking quotes.

Cross-Examination: Science and Techniques


Larry S. Pozner - 1993
    In this volume, the authors demystify the process and bring it into clinical perspective. They provide succinct examples to illustrate the words, phrases, question sentences, and tactics to use in your next trial. The price quoted includes a three-month update supplement.

CITIZENS RULE BOOK, A Palladium of Liberty


Webster Adams - 1993
    The fireworks are in the document itself: READ THE CONSTITUTION! WARNING: This document may be hazardous to bad laws. Courts may not welcome or approve of these truths, neither are they to be construed as legal advice. Therefore, to act on these facts is to do so at your own risk or opportunity.

Historian of the Strange: Pu Songling and the Chinese Classical Tale


Judith T. Zeitlin - 1993
    This is the first book in English on the seventeenth-century Chinese masterpiece Liaozhai's Records of the Strange (Liaozhai zhiyi) by Pu Songling, a collection of nearly five hundred fantastic tales and anecdotes written in Classical Chinese.

From Freedom To Slavery: The Rebirth of Tyranny in America


Gerry Spence - 1993
    In this underground bestseller, which has come to define Spence's political philosophy, he speaks out against the destructive forces in America today-forces of government and corporate tyranny that are robbing us of our freedom-and he warns us that time is running out.In a dramatic new chapter, presented for the first time in a trade paperback edition, Spence recounts in astonishing detail the government shoot-out at Ruby Ridge and the resulting trial of separatist Randy Weaver, revealing the important lessons we must learn from this tragic case.Finally, Spence makes the eloquent case that we, as Americans, have delivered our freedoms to new masters: corporate and governmental conglomerates, our biased court system, and the censored media. From Freedom to Slavery is an urgent work that urges us to resist this tyranny, a book that must be read and discussed by all concerned citizens of our troubled land.

The Wisdom of Henry Hazlitt


Henry Hazlitt - 1993
    A collection of some of the most incisive Hazlitt articles and essays prepared by the Foundation for Economic Education (FEE).

Narrative, Violence, and the Law: The Essays of Robert Cover


Martha Minow - 1993
    These essays, each one magnificent in itself, are, when taken together, even more important. The wisdom they impart is forever." --Guido Calabresi, Dean and Sterling Professor of Law, Yale University"Robert Cover drew his sources for the authority of law--for its violence, but also for its paideic potential--from the structuring stories that spark our communal imaginations. Literally until the day of his untimely death, his irreplaceably restless spirit was binding itself with the pages of the Midrash, of The Brothers Karamazov, of Billy Budd, Sailor. It is for us now to work also with these--Bob Cover's stories."--Richard Weisberg, Benjamin N. Cardozo Law School, Yeshiva University"The writings of Robert Cover were usually provocative, sometimes exasperating, but always relevant. In his last years, he concentrated on Jewish sources as well as mystical and Messianic thought. This collection of his articles is a thesaurus of some of his finest writings."--Robert F. Drinan, S.J., Georgetown University Law CenterThe late Robert Cover was Professor of Law, Yale Law School. Martha Minow is Professor of Law, Harvard Law School. Michael Ryan is Professor of English, Northeastern University. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College.

Constitutional Theory


Carl Schmitt - 1993
    This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

Competition Law


Richard Whish - 1993
    The author's authoritative treatment of the area is matched by a lively and easy-to-follow writing style, making this book an indispensable resource for undergraduate and postgraduate law and economics students, as well as for practitioners and officials involved in competition law.Explaining the economic context within which competition law operates in the UK, EC and internationally, Whish looks at the constituent parts of the law and analyses how they affect particularly commercial phenomena. Key aspects are examined in detail, including mergers, horizontal and vertical agreements, the Abuse of Dominance, Intellectual Property and the obligations of Member States under the EC. The book also scrutinizes fundamental Acts and Articles - Competition Act 1998; Enterprise Act 2002; Articles 81 and 82 - providing readers with context, consequences and an overview of how these are applied in practice. This book is essential reading for students, practitioners and officials seeking a respected, reliable, intelligent and critical approach to competition law.This edition-Contains new text on the EC Merger Regulation and the Technology Transfer Regulation of 2004-Reflects upon the Commission's discussion paper on Article 82-Provides a wider picture of the EC Modernization Regulation-Offers a fuller discussion of UK market investigation and merger control now that the Enterprise Act has been in force for four years Online Resource CentreThe Online Resource centre that accompanies this edition of the book contains articles written by the author, forthcoming chapters from the book, and updates to the law post-publication.

May It Please the Court


Peter Irons - 1993
    Rubenstein places reported cases and other legal readings in a historical framework, and complements the legal texts with selections ranging from fiction and poetry to psychology, sociology, theology, oral history, and journalism. An essential sourcebook for anyone interested in gay and lesbian issues.

Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961


Mark V. Tushnet - 1993
    Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this Constitutional revolution, and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

The Rights Retained by the People: The Ninth Amendment and Constitutional Interpretation


Randy E. Barnett - 1993
    Contributors: Sotirios A. Barber, Michael W. McConnell, Sanford Levinson, Stephen Macedo, Andrzej Rapacznski, Thomas C. Grey, Lawrence G. Sager, Morris S. Arnold, Earl M. Maltz, Susanna Sherry, Calvin R. Massey, Thomas McAffee and Raoul Berger. Together with Volume I, which covers primarily the history and proper interpretation of the amendment itself, these books constitute the definitive reference work on the Ninth Amendment.

Debate on the Constitution 2-volume boxed set


Bernard Bailyn - 1993
    10,000 first printing.

May It Please the Court: The Most Significant Oral Arguments Made Before the Supreme Court Since 1955


Peter Irons - 1993
    The original book-and-tape set was a revelation to readers and reviewers, quickly becoming a bestseller and garnering praise across the nation.May It Please the Court includes both live recordings and transcripts of oral arguments in twenty-three of the most significant cases argued before the Supreme Court in the second half of the twentiethcentury. This edition makes the recordings available on an MP3 audio CD. Through the voices of some of the nation’s most important lawyers and justices, including Thurgood Marshall, Archibald Cox, and Earl Warren, it offers a chance to hear firsthand our justice system at work, in the highest court of the land.Cases included: Gideon v. Wainwright (right to counsel) Abington School District v. Schempp (school prayer) Miranda v. Arizona (“the right to remain silent”) Roe v. Wade (abortion rights) Edwards v. Aguillard (teaching “creationism”) Regents v. Bakke (reverse discrimination) Wisconsin v. Yoder (compulsory schooling for the Amish) Tinker v. Des Moines (Vietnam protest in schools) Texas v. Johnson (flag burning) New York Times v. United States (Pentagon Papers) Cox v. Louisiana (civil rights demonstrations) Communist Party v. Subversive Activities Control Board (freedom of association) Terry v. Ohio (“stop and frisk” by police) Gregg v. Georgia (capital punishment) Cooper v. Aaron (Little Rock school desegregation) Heart of Atlanta Motel v. United States (public accommodations) Palmer v. Thompson (swimming pool integration) Loving v. Virginia (interracial marriage) San Antonio v. Rodriguez (equal funding for public schools) Bowers v. Hardwick (homosexual rights) Baker v. Carr (“one person, one vote”) United States v. Nixon (Watergate tapes) DeShaney v. Winnebago County (child abuse)

The Talmud, The Steinsaltz Edition, Volume 6: Tractate Bava Metzia Part VI (Talmud the Steinsaltz Edition)


Adin Even-Israel Steinsaltz - 1993
    This volume of this monumental publishing venture concludes Tractate Bava Metzia, and continues a discussion of business ethics.

Elements of Land Law


Kevin Gray - 1993
    The aim is to enable the reader to construct his or her own understanding of this vital area of legal regulation by starting from the fundamental features or elements of the law. Relating land law constantly to its first principles, the book proceeds to explore the subject against the background of its contemporary social, environmental and human rights dimensions.

Monkey Business: The Disturbing Case That Launched The Animal Rights Movement (People For The Ethical Treatment Of Animals)


Kathy Snow Guillermo - 1993
    Working undercover at a research laboratory in 1981, Alex Pacheco's discoveries led to the first criminal prosecution for animal cruelty against a medical researcher.

The Golden Rules of Advocacy


Keith Evans - 1993
    It is based on the personal experience of the author and has been described as invaluable as a review for the experienced advocate.

Tom and Jerry: The Movie


Jordan Horowitz - 1993
    . . and now, for the first time in 50 years, they're speaking! Get ready for Tom and Jerry--The Movie with this movie adaptation book for young readers. Features full-color stills from the movie.

Law as a Social System


Niklas Luhmann - 1993
    The volume provides a rigorous application to law of a theory that offers profound insights into the relationships between law and other aspects of contemporary society, including politics, the economy, the media, education, and religion.

The Talmud, The Steinsaltz Edition, Volume 9: Tractate Ketubot Part III (Talmud the Steinsaltz Edition)


Adin Even-Israel Steinsaltz - 1993
    This volume continues Tractate Ketubot's discission of marriage and the family.

International Law and World Order: A Critique of Contemporary Approaches


B.S. Chimni - 1993
    Exciting and unique, this masterful volume represents a clear break from Western intellectual hegemony. Not only is it an explicit critique of Western thinking in the field, it also provides the basis for a genuinely Marxist approach rooted in the realities of the Third World. Developing a Marxist theory of international law and world order, the author ably demonstrates that, despite the collapse of socialism, Marxism (properly understood) still constitutes perhaps the most beneficial vehicle for the humanistic grounding of a new jurisprudence. Impressively balanced and displaying a mastery over complex and diverse materials, this pioneering book will interest all those studying law, international relations, and international politics. B. S. Chimni . . . has written an unusual and provocative book. . . . Unusual because it explores several contemporary approaches from the developing world perspective....one is constantly impressed by the thoroughness of the scholarship and the clarity of his thinking. This ′crucial′ first step leaves the reader awaiting for the continuation of his analysis. --International Journal of Refugee Law The book is a remarkable endeavor, a critique of the existing influential approaches to international law, and is a welcome addition to the existing literature on the subject. --The Book Review

The Brehon Laws: A Legal Handbook


Laurence Ginnell - 1993
    It looks at the history, influences and development of the laws, as well as what little remained of them in contemporary Irish law. Brehon Law survived in Ireland until the 17th century when it was finally supplanted by the English common law. Brehon law was first transcribed in the 7th century, but had existed long before in the form of customs that were passed down the generations in the oral tradition. This vintage book will appeal to those with an interest in Irish history, and it is not to be missed by collectors of related literature. Contents include: "Ancient Law", "The Existing Remains of Irish Law", "The Senchus Mor", "Legislative Assemblies", "Classification of Society", "The Law of Distraining", "Criminal Law", "Leges Minores", "Native, Not Roman", and "Conclusion". Many vintage books such as this are increasingly scarce and expensive. It is with this in mind that we are republishing this volume now in an affordable, modern, high-quality edition complete with a specially-commissioned new biography of the author.

Thinking Like a Writer


Stephen V. Armstrong - 1993
    This book helps to transform good writers into first-rate ones, and to make them more efficient editors of their own writing and of others' drafts. It is suitable for supervising lawyers.

Faith and Order: The Reconciliation of Law and Religion


Harold J. Berman - 1993
    In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.

War, Aggression and Self-Defence


Yoram Dinstein - 1993
    This third edition incorporates new material on the Kosovo air campaign, 'humanitarian intervention', recent resolutions adopted by the Security Council, the latest pronouncements of the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia. Also discussed are new treaties including the 1998 Rome Statute on the International Criminal Court and current studies of the International Law Commission. In addition, supplementary sections consider, for example, enforcement action carried out by regional organizations under the authority of the Security Council. War, Aggression and Self-Defence remains a comprehensive and highly readable introduction to the legal issues surrounding war and self-defence, and continues to provide an indispensable tool for students and practitioners of international law, international relations and military studies.

The Prince and the Law, 1200-1600: Sovereignty and Rights in the Western Legal Tradition


Kenneth Pennington - 1993
    In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition.Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, A man is innocent until proven guilty.This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's absolute power. Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.

Japanese Law


Hiroshi Oda - 1993
    This is the updated and substantially enlarged edition of Japanese Law , originally published in 1992, which was acclaimed as the first comprehensive study of Japanese law to be published in English by a Japanese academic.

Blasphemy: Verbal Offense Against the Sacred, From Moses to Salman Rushdie


Leonard W. Levy - 1993
    He argues that while past sanctions against the crime have inhibited all manner of cultural, political, scientific, and literary expression, we also pay a price for our extraordinary expansion of the scope of permissible speech. We have become, he charges, not only a free society but one that is 'numb' to outrage.

The Law and Its Fulfillment: A Pauline Theology of Law


Thomas R. Schreiner - 1993
    A prominent evangelical scholar reevluates Paul's view of the Old Testament low in light of the biblical texts and recent scholarly debate.

Constitutional Odyssey: Can Canadians Become a Sovereign People?


Peter H. Russell - 1993
    Peter H. Russell frames his analysis around two contrasting constitutional philosophies - Edmund Burke's conception of the constitution as a set of laws and practices incrementally adapting to changing needs and societal differences, and John Locke's ideal of a Constitution as a single document expressing the will of a sovereign people as to how they are to be governed.The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition. Russell adds a new preface, and a new chapter on constitutional politics since the defeat of the Charlottetown Accord in 1993. He also looks at the 1995 Quebec Referendum and its fallout, the federal Clarity Act, Quebec's Self-Determination Act, the Agreement on Internal Trade, the Social Union Framework Agreement and the Council of the Federation, progress in Aboriginal self-determination such as Nunavut and the Nisga'a Agreement, and the movement to reduce the democratic deficit in parliamentary government.Comprehensive and eminently readable, Constitutional Odyssey is as important as ever.

Virtuous Citizens, Disruptive Subjects


Barba Yngvesson - 1993
    This text grapples with questions of agency and the production of social order, analyzing how the power of law can be mobilized to blur the distinctions between garbage and official law.

Law and Morality in Ancient China: The Silk Manuscripts of Huang-Lao


Randall Peerenboom - 1993
    In the absence of extant texts, however, scholars of classical Chinese philosophy remained in the dark about this important school for over 2000 years. Finally, in 1973, archaeologists unearthed four ancient silk scrolls: the Silk Manuscripts of Huang-Lao. This work is the first detailed, book-length treatment in English of these lost treasures.

Policing America: Methods, Issues, Challenges


Kenneth J. Peak - 1993
    The text delivers a real world look at policing, and show students what it is like to wear a police uniform in America today.

Forensic Fictions: Lawyer Figure in Faulkner


Jay Watson - 1993
    Examining Faulkner's lawyer characters in light of the southern storytelling tradition, Jay Watson argues that the forensic competence of the Faulknerian lawyer is a direct function of his skill as a raconteur. To trace the biographical and historical roots of Faulkner's lifelong preoccupation with the legal profession, Watson draws on contemporary scholarship in narrative, rhetoric, jurisprudence, legal and intellectual history, literary theory, and Lacanian psychoanalysis. His approach yields insightful readings of forensic characters and scenes from such works as "An Odor of Verbena," The Hamlet, "Wild Palms," Absalom, Absalom!, and The Reivers. Watson shows the links between storytelling and the competence of Faulkner's legal characters by examining the intertextual logic that connects the two most important lawyers in the Yoknapatawpha fiction: the incompetent Horace Benbow and the more capable Gavin Stevens, whose entrance into Faulkner's oeuvre coincides with Benbow's untimely departure from it. Focusing on the nine novels in which these two characters appear, Watson traces the evolutionary process by which Stevens supplants Benbow. Three of the Stevens novels - Intruder in the Dust, Knight's Gambit, and Requiem for a Nun - form what Watson calls Faulkner's "forensic trilogy" and, when read together, constitute the writer's most sustained investigation of the rhetorical and ethical responsibilities of the lawyer-citizen. Faulkner, Watson argues, saw the forensic figure as a potential hybrid of homo loquens and homo politicus, capable of combining the roles of storyteller, rhetorician, and theatrical performer with those of critic, citizen, and ethical man. As such, this figure served as a provocative authorial surrogate through whom Faulkner could explore diverse and often contradictory aspects of his persona

May It Please the Court: 23 Live Recordings of Landmark Cases As Argued Before the Supreme Court, Including the Actual Voices of the Attorneys and J


Peter Irons - 1993
    The original book-and-tape set was a revelation to readers and reviewers, quickly becoming a bestseller and garnering praise across the nation.May It Please the Court includes both live recordings and transcripts of oral arguments in twenty-three of the most significant cases argued before the Supreme Court in the second half of the twentiethcentury. This edition makes the recordings available on an MP3 audio CD. Through the voices of some of the nation’s most important lawyers and justices, including Thurgood Marshall, Archibald Cox, and Earl Warren, it offers a chance to hear firsthand our justice system at work, in the highest court of the land.Cases included: Gideon v. Wainwright (right to counsel) Abington School District v. Schempp (school prayer) Miranda v. Arizona (“the right to remain silent”) Roe v. Wade (abortion rights) Edwards v. Aguillard (teaching “creationism”) Regents v. Bakke (reverse discrimination) Wisconsin v. Yoder (compulsory schooling for the Amish) Tinker v. Des Moines (Vietnam protest in schools) Texas v. Johnson (flag burning) New York Times v. United States (Pentagon Papers) Cox v. Louisiana (civil rights demonstrations) Communist Party v. Subversive Activities Control Board (freedom of association) Terry v. Ohio (“stop and frisk” by police) Gregg v. Georgia (capital punishment) Cooper v. Aaron (Little Rock school desegregation) Heart of Atlanta Motel v. United States (public accommodations) Palmer v. Thompson (swimming pool integration) Loving v. Virginia (interracial marriage) San Antonio v. Rodriguez (equal funding for public schools) Bowers v. Hardwick (homosexual rights) Baker v. Carr (“one person, one vote”) United States v. Nixon (Watergate tapes) DeShaney v. Winnebago County (child abuse)

Original Intent & the Framers of the Constitution


Harry V. Jaffa - 1993
    Jaffa also agrees that original intent, rightly understood, is the only sound basis of constitutional jurisprudence. But he contends that Meese, Chief Justice William Rehnquist, and Judge Robert Bork - original intent's leading conservative proponents - have misunderstood its meaning. The Framers, and Abraham Lincoln, their greatest proponent, believed that the Constitution was anchored in the principles of natural law invoked by the Declaration of Independence. Rehnquist and Bork are moral relativists and legal positivists, says Professor Jaffa, who repudiate the very existence of natural law and deny that the Declaration of Independence has any role whatsoever in constitutional interpretation. Nearly all the great constitutional controversies of our time have swirled around the meaning of the "due process" and "equal protection" clauses of the 14th Amendment. Professor Jaffa contends that it is impossible to interpret the intent of the 14th Amendment without understanding the conflict between the principles and the compromises of the antebellum Constitution. This conflict came to a head in 1857 in the case of Dred Scott. Professor Jaffa shows that Rehnquist, Bork, and Meese have completely misunderstood that case, attributing to "substantive due process" or "judicial usurpation" what was in fact a failure on the part of the Courtto understand that in a federal territory the black man's human nature gave him constitutional standing, slavery in the states to the contrary notwithstanding. Jaffa also shows that in their determined effort to avoid recourse to the Declaration in their interpretation of Dred Sco

The Renewal of Islamic Law: Muhammad Baqer As-Sadr, Najaf and the Shi'i International


Chibli Mallat - 1993
    Executed in 1980, Sadr was the most articulate thinker and a major political actor in the revival of Shi'i learning, which placed Najaf in Southern Iraq at its centre. Dr Chibli Mallat examines the intellectual development of Sadr and his companions who included Ruhullah al-Khumaini and assesses Sadr's innovative approaches to the study of law, economics and banking. The author convincingly demonstrates how Sadr's ideas and activities were influential in the rise of political Islam across the Middle East and played an important part in the Iranian revolution of 1979.