検索キーワード： 歴史

For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others retained much of their previous legal regimes.

A rallying cry for a more just approach to the law that bolsters social justice movements by throwing out originalism—the theory that judges should interpret the Constitution exactly as conservatives say the Founders meant it “The greatest trick conservatives ever pulled was convincing the...

Comment expliquer que le terme «?consentement?» occupe aujourd'hui une telle place dans le débat public, alors qu'il en était pratiquement absent il y a une dizaine d'années ? Et que signifie-t-il, au regard des usages multiples qui en sont faits, dans le champ de la philosophie, du droit, de la politique et du langage ordinaire ? Ces questions sont d'autant plus fondamentales que, selon le domaine dans lequel il est mobilisé, le consentement possède de nombreuses significations parfois sans rapport. Historiquement, l'idée de consentement remonte à l'Antiquité grecque et romaine.

Beware Euphoria uncovers the roots of America's moral obsession with drug regulation, offering a lively and fascinating history of the nation's racialized fear of intoxication. Challenging the idea that early anti-drug laws in the United States arose from racial animus, George Fisher instead shows in textured detail how United States drug laws were driven by a deep-seated cultural taboo against euphoria and a preoccupation with white moral integrity.

Ольга Тогоева — специалист по истории средневековой Франции, доктор исторических наук, главный научный сотрудник Института всеобщей истории РАН. В книге Истинная правда. Языки средневекового правосудия на материале архивов Парижского парламента, королевской тюрьмы Шатле, церковных и сеньориальных судов исследуется проблема взаимоотношений судебной власти и простых обывателей во Франции эпохи позднего Средневековья. Каковы особенности поведения и речи обвиняемых в зале суда, их отношение к процессуальному и уголовному праву? Как воспринимают судьи собственную власть?

In this insider's look at one of the 20th century's most infamous trials, ex-juror Tracy Kennedy discloses what life was like for himself and his wife in the days leading up to the O.J. Simpson trial, and how it subsequently differed so much from their expectations. Kennedy reveals what happened during the trial and sequestration, a sequestration that turned the lives of a normal, married couple into an emotional hell.

This book is the definitive work showing the central place of AR-15s and other semiautomatic rifles in the American story. From the founding to the present, rifles and other firearms have played a pivotal role in American history. The story of America’s rifle is largely the story of American history.

This book is essential listening to bring forward the lessons from our past. A bold and unique collaboration between legal experts Michelle le Roux and Dennis Davis, it explores a series of landmark cases that came to define South Africa’s legal and political landscape. It examines how the law has been used and abused. Defining cases litigated in the apartheid past, in the constitutional era and right up to the recent days of state capture are examined.

In Demand the Impossible, Robert L. Tsai traces lawyer Stephen Bright's remarkable career to explore the legal ideas that were central to his relentless pursuit of equal justice. For nearly forty years, Bright led the Southern Center for Human Rights, a nonprofit that provided legal aid to incarcerated people and worked to improve conditions within the justice system. He argued four capital cases before the US Supreme Court—and won each one, despite facing an increasingly hostile bench.

After spending almost 20 years in city courtrooms reporting for the ABC on some of the country’s highest profile cases, in The Outback Court Reporter, Jamelle Wells takes you into our country courtrooms, from the grand sandstone edifices of Cobar and Grafton to the repurposed community halls and police stations in outback Queensland and the Northern Territory – introducing you to the court staff, the witnesses and the accused, in cases that shock, captivate and divide communities.

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts.

A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition.

A Barnes & Noble Best History Book of 2025 Four men in a lifeboat. Two weeks without food. One impossible choice that would reshape the boundaries between survival and murder. “A perfect enunciation of the classic philosophical conundrum: can you sacrifice one innocent life to save many?"...

From Sarah Weinman, author of Scoundrel and The Real Lolita, comes an eye-opening story about the first major spousal rape trial in America and urgent questions it raised about women’s rights that would reverberate for decades. In 1978, Greta Rideout was the first woman in United States...

The New York Times bestselling author brings his trademark legal acumen and passionate snark to offer a brilliant takedown of ten shocking pieces of legislation that continue to perpetuate hate, racial bias, injustice, and inequality today—an urgent yet hopeful story for our current political climate

The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom.

Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers—the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court. Stuart Banner’s The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present.

Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.

New Deal Law and Order follows President Franklin Roosevelt, Attorney General Homer Cummings, and their war on crime coalition, which overcame the institutional and political challenges to the legitimacy of national law enforcement. Promises of law and order helped to manage tensions among key Democratic Party factions—organized labor, Black Americans, and white Southerners. Their anticrime program, featuring a strengthened criminal code, an empowered FBI, and the first federal war on marijuana, was essential to the expansion of national authority previously stymied on constitutional grounds.

In this book, author Orde Kittrie draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of lawfare. Kittrie explains how factors including the increased reach of international laws and tribunals and the rise of economic globalization and information technology have fueled lawfare's increasing power and prevalence.