Book picks similar to
An Historical Introduction to Western Constitutional Law by R.C. van Caenegem


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The Law Machine


Marcel Berlins - 1986
    Revised and updated throughout for this fifth edition, THE LAW MACHINE surveys recent developments in the workings of justice and the outlook for the future. 'Refreshingly free of the patronizing attitude and the humbug with which other books about the legal system are riddled' - THES

The Discipline of Law


Alfred Thompson Denning - 1979
    They should be moulded and shaped to meet the needs and opinions of today. The Discipline of Law is a fascinating account of Lord Denning's personal contribution to the changing face of the law in this century.

The Common Law


Oliver Wendell Holmes Jr. - 1963
    (1841–1935) is generally considered one of the two greatest justices of the United States Supreme Court, Chief Justice John Marshall being the other. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. At the same time, his abilities as a prose stylist earned him a position among the literary elite.In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his early legal doctrines. The result was an enduring classic of legal philosophy that continues to be read and consulted over a century later. Beginning with historical forms of liability (thought to have originated in the desire for vengeance in ancient Roman and Germanic blood feuds), the book goes on to discuss criminal law, torts, bails, possession and ownership, contracts, successions, and many other aspects of civil and criminal law.Encompassing Holmes's profound, wide-ranging knowledge of the law in its historical aspects, yet written in a manner easily accessible to the layman, The Common Law provoked this observation from another famed jurist; "The book is a classic in the sense that its stock of ideas has been absorbed and become part of common juristic thought … they placed law in a perspective which legal scholarship ever since has merely confirmed." — Felix Frankfurter, Of Law and Men.Now the influential ideas and judicial theory of Oliver Wendell Holmes, Jr. can be studied and appreciated in this superb edition — the only one in print — of his magnum opus. This edition also features a new introduction by Professor Sheldon M. Novick, author of Honorable Justice: The Life of Oliver Wendell Holmes. First published in 1881, this book is still indispensable reading for lawyers, political scientists, historians, general readers — anyone interested in the origins, development, and continuing evolution of the laws that govern human society.

A Private Life


Michael Kirby - 2011
    Speaking in his own voice, he opens up as never before in a beautifully written, reflective and generous memoir - one that Michael Kirby's many admirers have been waiting for.Michael Kirby is one of Australia's most admired public figures. In times of spin and obfuscation, he speaks out passionately and straightforwardly on the issues that are important to him. Even those who disagree with him have been moved by the courage required of him to come out as a high-profile gay man, which at times has caused him to be subjected to outrageous assaults on his character.This is a collection of reminiscences in which we discover the private Michael Kirby speaking in his own voice. He opens up as never before about his early life, about being gay, about his forty-two year relationship with Johan van Vloten, about his religious beliefs and even about his youthful infatuation with James Dean, which sent him on a sentimental journey to Dean's home town in the year 2000, an adventure he here wryly recalls.Beautifully written, reflective and generous, in that warm and gently self-deprecating voice that is so characteristic of him, this is a memoir that Michael Kirby's many admirers have been waiting for.

The Real Story of Catholic History: Answering Twenty Centuries of Anti-Catholic Myths


Steve Weidenkopf - 2017
    Catholic apologists fight back with facts and sound arguments. But there’s another area where the Church’s enemies tell their own false story of Catholicism: its history. Whether it’s from the media, in classrooms, or out of the mouths of pastors and politicians, we’ve all heard a version of Catholic history filled with unrelenting violence, ignorance, worldliness, and bigotry. It’s enough to make many believers question whether the Church truly was founded by Christ! This kind of attack requires no less of a response from those who know the truth. In The Real Story of Catholic History, Steve Weidenkopf gives it to you. Weidenkopf (The Glory of the Crusades) collects over fifty of the most common and dangerous lies about Catholic history and, drawing on his experience as a historian and apologist, shows how to answer them simply and powerfully. Whether it’s claims about Catholicism’s supposedly pagan origins, old myths about Galileo or the Inquisition that never seem to go away, or more modern misconceptions that anti-Catholics cynically exploit, The Real Story provides the desperately needed corrective. Packed with research and diligent in pursuit of the truth, while never whitewashing or explaining away the Church’s past faults when they’re found, The Real Story of Catholic History is an essential resource for every Catholic’s bookshelf.

Confessions of a Barrister (The Confessions Series)


Russell Winnock - 2015
    It’s his job to defend the people who have found themselves on the wrong side of the law – Petty thieves, career criminals, drug dealers and murderers…The scary son of a famous footballer, whose violent behaviour has got him in trouble so many times he almost knows the law better than Russell.The thief of a marital aid, who has a rather unusual defence.The 27 year old drug addict accused of stealing a push-bike, a chainsaw, a bag full of washing and a small fridge – all at the same time.And Russell’s first murder case – a young woman accused of murdering her violent boyfriend.This fascinating insight takes us behind the closed doors of the British legal world. With plenty of drama inside – and outside – of the courtroom, you’ll find out how CCTV can make or break a case, how your Facebook page could land you in jail and why on earth they wear those funny wigs!

The Nine: Inside the Secret World of the Supreme Court


Jeffrey Toobin - 2007
    An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

The Conservative Assault on the Constitution


Erwin Chemerinsky - 2010
    Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American.As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion.Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people.Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect.The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.

Michigan's Strychnine Saint: The Curious Case of Mrs. Mary McKnight


Tobin T. Buhk - 2014
      The spring of 1903 proved disastrous for the Murphy family. On April 22, the infant Ruth Murphy died in her crib. Within an hour, her mother, Gertrude, experienced a violent spasm before she, too, died. Ten days later, John Murphy followed his wife and child to the grave after suffering from a crippling convulsion. While neighbors whispered about a curse and physicians feared a contagious disease, Kalkaska County sheriff John W. Creighton and prosecuting attorney Ernest C. Smith searched for answers. As they probed deeper into the suspicious deaths, they uncovered a wicked web of intrigue. And at the center stood a widow in a black taffeta dress.   Includes photos

A Princely Impostor? The Kumar Of Bhawal And The Secret History Of Indian Nationalism


Partha Chatterjee - 2002
    Partha Chatterjee's retelling of the notoriously famous 'Bhawal Sannyasi Case' - one of India's best known and most historic legal battles - is narrative history of the finest kind. It is an epic story of war within a household which spills out into the social life of colonial Bengal; and beyond, into the administrative and legal fabric of India during the heyday of nationalism; and then beyond that again, into spirituality and philosophy, legend and folklore, theatre and cinema.

Warriors of Medieval Japan


Stephen Turnbull - 2005
    Whether foot soldier, samurai or trained assassin, these men were driven by strict codes of honor and bound by deep allegiances of rank, family or religion.This book examines the military lives of four formidable warrior types, covering the samurai and the ninja as well as the experiences of warrior monks and ashigaru foot soldiers, less familiar to western readers. The recruitment, training and equipment of each warrior type are described, and their beliefs, motivation and experience of warfare are explored. Rare material from Japanese sources makes this a highly authoritative treatment of the military elites of medieval Japan, brought to life by lavish illustrations and photography.

Courting Justice: From NY Yankees v. Major League Baseball to Bush v. Gore, 1997-2000


David Boies - 2004
    16 pages of photos.

Unfair: The New Science of Criminal Injustice


Adam Benforado - 2015
    The evidence is all around us: Our system of justice is fundamentally broken.   But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us.   This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning.   Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system.    Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.

In Your Defence: Stories of Life and Law


Sarah Langford - 2018
    Her job is to stand in court representing the mad and the bad, the vulnerable, the heartbroken and the hopeful. She must become their voice: weave their story around the black and white of the law and tell it to the courtroom. These stories may not make headlines but they will change the lives of ordinary people in extraordinary ways. They are stories which, but for a twist of luck, might have been yours.To work at the Bar is to enter a world shrouded by strange clothing, archaic rituals and inaccessible language. So how does it feel to be an instrument of such an unknowable system? And what does it mean to be at its mercy? Our legal system promises us justice, impartiality and fair judgement. Does it, or can it, deliver this?With remarkable candour, Sarah describes eleven cases which reveal what goes on in our criminal and family courts. She examines how she feels as she defends the person standing in the dock. She tells compelling stories - of domestic fall out, everyday burglary, sexual indiscretion, and children caught up in the law – that are sometimes shocking and often heart-stopping. She shows us how our attitudes and actions can shape not only the outcome of a case, but the legal system itself.

Trials of the State: Law and the Decline of Politics


Jonathan Sumption - 2019
    In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges?Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.