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Major Legal Systems in the World Today by René David
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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.
Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices
Noah Feldman - 2010
A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.
Making Our Democracy Work: A Judge's View
Stephen G. Breyer - 2010
Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book.Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution.Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them.Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles.Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.
John Marshall: Definer of a Nation
Jean Edward Smith - 1996
An apt symbol of the man who shaped both court and country.Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.
The Fall of the House of Zeus: The Rise and Ruin of America's Most Powerful Trial Lawyer
Curtis Wilkie - 2010
A brother-in-law of Trent Lott, the former U.S. Senate Majority Leader, Scruggs made a fortune taking on mass tort lawsuits against “Big Tobacco” and the asbestos industries. He was hailed by Newsweek as a latter day Robin Hood, and portrayed in the movie, The Insider, as a dapper aviator-lawyer. Scruggs’ legal triumphs rewarded him lavishly, and his success emboldened both his career maneuvering and his influence in Southern politics--but at a terrible cost, culminating in his spectacular fall, when he was convicted for conspiring to bribe a Mississippi state judge.Here Mississippi is emblematic of the modern South, with its influx of new money and its rising professional class, including lawyers such as Scruggs, whose interests became inextricably entwined with state and national politics.Based on extensive interviews, transcripts, and FBI recordings never made public, The Fall of the House of Zeus exposes the dark side of Southern and Washington legal games and power politics: the swirl of fixed cases, blocked investigations, judicial tampering, and a zealous prosecution that would eventually ensnare not only Scruggs but his own son, Zach, in the midst of their struggle with insurance companies over Hurricane Katrina damages. In gripping detail, Curtis Wilkie crafts an authentic legal thriller propelled by a “welter of betrayals and personal hatreds,” providing large supporting parts for Trent Lott and Jim Biden, brother of then-Senator Joe, and cameos by John McCain, Al Gore, and other DC insiders and influence peddlers.Above all, we get to see how and why the mighty fail and fall, a story as gripping and timeless as a Greek tragedy.
The Story of My Life
Clarence Darrow - 1932
Written in his disarming, conversational style, & full of refreshingly relevant views on capital punishment, civil liberties & the judicial system, Darrow's autobiography is a fitting final summation of a remarkable life.
Once A Jolly Hangman : Singapore Justice In the Dock
Alan Shadrake - 2010
This revised and updated edition covers Shadrake’s arrest, and his ongoing campaign against the death penalty as he prepares for his appeal.Singapore has one of the highest execution rates per capita in the world. Its government claims that only the death penalty can deter drug dealers from using their country as a transport hub—but this hard-hitting investigation reveals disturbing truths about how and when the death penalty is applied.Including in-depth interviews with Darshan Singh—Singapore’s chief executioner for nearly fifty years—and chilling accounts of high-profile cases, including the execution of Australian Nguyen Van Tuong, this is an horrific exposé of the gross abuse of human rights.
The Heritage Guide to the Constitution
Edwin Meese III - 2005
Constitution as never before, including a clause-by-clause analysis of the document, each amendment and relevant court case, and the documents that serve as the foundation of the Constitution.
The Words That Made Us: America's Constitutional Conversation, 1760-1840
Akhil Reed Amar - 2021
But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
Without Precedent: Chief Justice John Marshall and His Times
Joel Richard Paul - 2018
From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C.This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.
Imperfect Justice: Prosecuting Casey Anthony
Jeff Ashton - 2011
On July 5, 2011, nearly three years after her initial arrest, Casey Anthony walked away, virtually scot-free, from one of the most sensational murder trials of all time. She'd been accused of killing her daughter, Caylee, but the trial only left behind more questions: Was she actually innocent? What really happened to Caylee? Was this what justice really looked like?In Imperfect Justice, prosecutor Jeff Ashton, one of the principal players in the case's drama, sheds light on those questions and much more, telling the behind-the-scenes story of the investigation, the trial, and the now-infamous verdict. Providing an inside account of the case, Ashton, a career prosecutor for the state of Florida, goes where the press and pundits have only speculated, detailing what really happened during the investigation, showing how the prosecution built their case, and explaining how a woman so shrouded in suspicion was proclaimed innocent.Moving beyond the simple explanations, Ashton offers an in-depth look at the complex figure of Casey Anthony, a woman whose lies he spent three years trying to understand. And yet this focus on Casey came with its own risks; here he details how this widespread fixation on Casey—both in the media and in the trial—may have undermined the case itself. As everyone got caught up in the quest to understand the supposed villain, somehow the victim, Caylee, was all but forgotten—not just to the public, but more important, to the jury.Complete with never-before-revealed information about the case and the accused, Ashton examines what the prosecution got right, what they got wrong, and why he remains completely convinced of Casey Anthony's guilt.
Ratification: The People Debate the Constitution, 1787-1788
Pauline Maier - 2010
Elected conventions in at least nine of the thirteen states would have to ratify it before it could take effect. There was reason to doubt whether that would happen. The document we revere today as the foundation of our country’s laws, the cornerstone of our legal system, was hotly disputed at the time. Some Americans denounced the Constitution for threatening the liberty that Americans had won at great cost in the Revolutionary War. One group of fiercely patriotic opponents even burned the document in a raucous public demonstration on the Fourth of July.In this splendid new history, Pauline Maier tells the dramatic story of the yearlong battle over ratification that brought such famous founders as Washington, Hamilton, Madison, Jay, and Henry together with less well-known Americans who sometimes eloquently and always passionately expressed their hopes and fears for their new country. Men argued in taverns and coffeehouses; women joined the debate in their parlors; broadsides and newspaper stories advocated various points of view and excoriated others. In small towns and counties across the country people read the document carefully and knew it well. Americans seized the opportunity to play a role in shaping the new nation. Then the ratifying conventions chosen by "We the People" scrutinized and debated the Constitution clause by clause.Although many books have been written about the Constitutional Convention, this is the first major history of ratification. It draws on a vast new collection of documents and tells the story with masterful attention to detail in a dynamic narrative. Each state’s experience was different, and Maier gives each its due even as she focuses on the four critical states of Pennsylvania, Massachusetts, Virginia, and New York, whose approval of the Constitution was crucial to its success.The New Yorker Gilbert Livingston called his participation in the ratification convention the greatest transaction of his life. The hundreds of delegates to the ratifying conventions took their responsibility seriously, and their careful inspection of the Constitution can tell us much today about a document whose meaning continues to be subject to interpretation. Ratification is the story of the founding drama of our nation, superbly told in a history that transports readers back more than two centuries to reveal the convictions and aspirations on which our country was built.
Perversion of Justice: The Jeffrey Epstein Story
Julie K. Brown - 2021
Brown recounts her uncompromising and risky investigation of Jeffrey Epstein's underage sex trafficking operation, and the explosive reporting for the Miami Herald that finally brought him to justice while exposing the powerful people and broken system that protected him.For many years, billionaire Jeffrey Epstein's penchant for teenage girls was an open secret in the high society of Palm Beach, Florida and Upper East Side, Manhattan. Charged in 2008 with soliciting prostitution from minors, Epstein was treated with unheard of leniency, dictating the terms of his non-prosecution. The media virtually ignored the failures of the criminal justice system, and Epstein's friends and business partners brushed the allegations aside. But when in 2017 the U.S Attorney who approved Epstein's plea deal, Alexander Acosta, was chosen by President Trump as Labor Secretary, reporter Julie K. Brown was compelled to ask questions.Despite her editor's skepticism that she could add a new dimension to a known story, Brown determined that her goal would be to track down the victims themselves. Poring over thousands of redacted court documents, traveling across the country and chasing down information in difficulty and sometimes dangerous circumstances, Brown tracked down dozens of Epstein's victims, now young women struggling to reclaim their lives after the trauma and shame they had endured.Brown's resulting three-part series in the Miami Herald was one of the most explosive news stories of the decade, revealing how Epstein ran a global sex trafficking pyramid scheme with impunity for years, targeting vulnerable teens, often from fractured homes and then turning them into recruiters. The outrage led to Epstein's arrest, the disappearance and eventual arrest of his closest accomplice Ghislaine Maxwell, and the resignation of Acosta. The financier's mysterious suicide in a New York City jail cell prompted wild speculation about the secrets he took to the grave-and whether his death was intentional or the result of foul play.Tracking Epstein’s evolution from a college dropout to one of the most successful financiers in the country—whose associates included Donald Trump, Prince Andrew, and Bill Clinton—Perversion of Justice builds on Brown's original award-winning series, showing the power of truth, the value of local reportage and the tenacity of one woman in the face of the deep-seated corruption of powerful men.
Gideon's Trumpet
Anthony Lewis - 1964
To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."