The Rule of Law


Tom Bingham - 2010
    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.

The Devil's Advocates: Greatest Closing Arguments in Criminal Law


Michael S. Lief - 2006
    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 inthe 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.

How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart


Jamal Greene - 2021
    . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun.   Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We believe that holding a right means getting a judge to let us do whatever the right protects. And judges, for their part, seem unable to imagine two rights coexisting—reducing the law to winners and losers. The resulting system of legal absolutism distorts our law, debases our politics, and exacerbates our differences rather than helping to bridge them.   As renowned legal scholar Jamal Greene argues, we need a different approach—and in How Rights Went Wrong, he proposes one that the Founders would have approved. They preferred to leave rights to legislatures and juries, not judges, he explains. Only because of the Founders’ original sin of racial discrimination—and subsequent missteps by the Supreme Court—did courts gain such outsized power over Americans’ rights. In this paradigm-shifting account, Greene forces readers to rethink the relationship between constitutional law and political dysfunction and shows how we can recover America’s original vision of rights, while updating them to confront the challenges of the twenty-first century.

Active Liberty: Interpreting Our Democratic Constitution


Stephen G. Breyer - 2005
    As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Concepts and Case Analysis in the Law of Contracts


Marvin A. Chirelstein - 1990
    This Contracts primer is vastly uncluttered - one that picks up the main themes in the first-year Contracts course, together with related cases.

Tough cases : judges tell the stories of some of the hardest decisions they've ever made


Russell F. Canan - 2018
    It’s the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them.In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children.Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.

The Philosophy of Law: A Very Short Introduction


Raymond Wacks - 2006
    Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring to key thinkers from the classical world to the modern, he looks at the central questions behind legal theory that have always fascinated lawyers and philosophers, as well as anyone who ever wondered about law's relation to justice, morality, and democracy.About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

No Safe Spaces


Dennis Prager - 2019
    Students lashing out at any speaker brave enough to say something they disagree with. Precious snow flakes demanding “Safe Spaces” to protect them from any idea they haven’t heard from their liberal professors. In this book and the accompanying movie, Dennis Prager, Mark Joseph, and Adam Carolla expose the attack on free speech and free thought. It began in the universities, but—fair warning—it’s coming to your neighborhood and your workplace. “No Safe Spaces is a film every American should see. I could barely move when it was over. Powerful, emotional, and a call to action for anyone worried about the intellectual fascism happening in this country. A brave, timely, and important film.” —MEGYN KELLY, former FOX News anchor and host of Megyn Kelly Today “There is no free speech in America for free thinkers! You can have free speech in America but only if you say what everybody else agrees with. It’s not enough to ‘live and let live’ now. The psycho-elite believe ‘silence is violence’ and you must actively promote what THEY want no matter how vile or reprehensible it is to you. George Orwell lives! They should’ve called Orwell ‘Nostradamus’ because his most frightening prophecies have come to pass, as you will witness in No Safe Spaces!” —MANCOW MULLER, radio phenomenon “An excellent film, the best I’ve seen on the subject of free speech. I especially like Dennis’s line, ‘They have to believe we are evil; otherwise they’d have to debate us.’ Perfect!” —CAL THOMAS, America’s #1 syndicated columnist

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 Law


Frédéric Bastiat - 1849
    More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies in ever way to our own time, which is precisely why so many people credit this one essay for showing them the light of liberty. Bastiat's essay here is timeless because applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat's death. This newly available translation provides new insight into Bastiat's argument. It is a more sophisticated, more substantial, and more precise rendering than any in print. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others' lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn't avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our sentiments, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have the domain of force, which is justice. More from Bastiat's The Law: Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State - then we are against education altogether. We object to a State religion - then we would have no religion at all. We object to an equality which is brought about by the State then we are against equality, etc., etc. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State. How is it that the strange idea of making the law produce what it does not contain - prosperity, in a positive sense, wealth, science, religion - should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain. They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important. Whether you buy one or one hundred, you can look forward to one of the most penetrating and powerful essays written in the history of political economy.

The Memory Stones: Forgiveness is a Journey in Time


Lewis Pennington - 2021
    As guilt and remorse overtake him, he seeks atonement through death on the battlefield. With the help of an ordinary-looking stone given to him by Spoon’s mother, he is transported through time. When he realizes he can redeem himself by altering his actions, he suddenly has hope. The reality-bending journey that ensues takes him to present-day New York City and then back to Civil War-era South Carolina, requiring him to navigate a myriad of desperate challenges. With more than a century of guilt weighing him down, he battles himself, Yankee troops, nature’s elements, and a nemesis that follows him through time. Set against an ominous ticking clock counting toward a deadly showdown that could cost him the love of his life, all odds are stacked against him.

Open Borders: The Science and Ethics of Immigration


Bryan Caplan - 2019
    Those in favor of welcoming more immigrants often cite humanitarian reasons, while those in favor of more restrictive laws argue the need to protect native citizens.But economist Bryan Caplan adds a new, compelling perspective to the immigration debate: He argues that opening all borders could eliminate absolute poverty worldwide and usher in a booming worldwide economy—greatly benefiting humanity.With a clear and conversational tone, exhaustive research, and vibrant illustrations by Zach Weinersmith, Open Borders makes the case for unrestricted immigration easy to follow and hard to deny.

22 Days in May: The Birth of the Lib Dem-Conservative Coalition


David Laws - 2010
    This is the first detailed Lib Dem insider account of the negotiations which led to the formation of the Liberal Democrats/Conservative coalition government in May 2010, along with an account of the early days of the government.

The Federalist Papers


Alexander Hamilton - 1788
    Ideal for anyone who wants to read a great work for the first time or revisit an old favorite, these new editions open the door to the stories and ideas that have shaped our world.

Justice on Trial: Radical Solutions for a System at Breaking Point


Chris Daw - 2020