From Kings Courts To Justice Courts
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| Author | : David C. Flatto |
| Publisher | : Harvard University Press |
| Total Pages | : 380 |
| Release | : 2020-11-10 |
| Genre | : Law |
| ISBN | : 0674249585 |
A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers. The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born. During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance. The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.
| Author | : Ian Millhiser |
| Publisher | : Bold Type Books |
| Total Pages | : 370 |
| Release | : 2016-06-28 |
| Genre | : Political Science |
| ISBN | : 1568585853 |
Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.
| Author | : Paul I. Weizer |
| Publisher | : Peter Lang |
| Total Pages | : 204 |
| Release | : 2004 |
| Genre | : Education |
| ISBN | : 9780820469492 |
Designed for anyone who has an interest in using moot court simulations as an educational exercise, How to Please the Court brings together prominent moot court faculty who share their collective years of experience in building a successful moot court program. Touching on all aspects of the moot court experience, this book guides the reader through conducting legal research, the structure of an oral argument, the tournament experience, and the successes and rewards of competition.
| Author | : Todd C. Peppers |
| Publisher | : Constitutionalism and Democrac |
| Total Pages | : 368 |
| Release | : 2020-11-27 |
| Genre | : Law |
| ISBN | : 9780813944593 |
Praise for In Chambers: "This new collection of essays, including some by former clerks, takes readers inside justices' chambers for a look at clerkship life.... [T]he best parts of the book are the behind-the-scenes descriptions of life at the court."-- Associated Press "An excellent book... It's interesting for many different reasons, not the least of which as a reminder of how much of a bastion of elitism the Court has always been."-- Atlantic Monthly In his earlier books, In Chambers and Of Courtiers and Kings, Todd C. Peppers provided an insider's view of the Supreme Court from the perspective of the clerks who worked closely with some of its most important justices. With Of Courtiers and Princes, he concludes the trilogy by examining the understudied yet equally fascinating role of lower court clerks--encompassing pioneering women and minorities. Drawing on contributions from former law clerks and judicial scholars--including an essay by Ruth Bader Ginsburg--the book provides an inside look at the professional and personal bonds that form between lower court judges and their clerks. While the individual essays often focus on a single judge and his or her corps of law clerks, including their selection process, contributions, and even influence, the book as a whole provides a macro-level view of the law clerk's role in the rapidly changing world of lower federal and state courts, thereby offering an unusual yet crucial perspective on the inner workings of our judicial system.
| Author | : John Cook |
| Publisher | : |
| Total Pages | : 44 |
| Release | : 1649 |
| Genre | : Great Britain |
| ISBN | : |
| Author | : John J. Hare |
| Publisher | : Penn State Press |
| Total Pages | : 457 |
| Release | : 2018-01-25 |
| Genre | : Law |
| ISBN | : 0271081996 |
Established in 1684, over a century before the Commonwealth, Pennsylvania’s Supreme Court is the oldest appellate court in North America. This balanced, comprehensive history of the Court examines over three centuries of legal proceedings and cases before the body, the controversies and conflicts with which it dealt, and the impact of its decisions and of the case law its justices created Introduced by constitutional scholar Ken Gormley, this volume describes the Supreme Court’s structure and powers and focuses at length on the Court’s work in deciding notable cases of constitutional law, civil rights, torts, criminal law, labor law, and administrative law. Through three sections, “The Structure and Powers of the Supreme Court,” “Decisional Law of the Supreme Court,” and “Reporting Supreme Court Decisions,” the contributors address the many ways in which the Court and its justices have shaped life and law in Pennsylvania and beyond. They consider how it has adjudicated new and complex issues arising from some of the most notable events and tragedies in American history, including the struggle for religious liberty in colonial Pennsylvania, the Revolutionary War, slavery, the Johnstown Flood, the Homestead Steel Strike and other labor conflicts, both World Wars, and, more recently, the dramatic rise of criminal procedural rights and the expansion of tort law. Featuring an afterword by Chief Justice Saylor and essays by leading jurists, deans, law and history professors, and practicing attorneys, this fair-minded assessment of the Court is destined to become a criterion volume for lawmakers, scholars, and anyone interested in legal history in the Keystone State and the United States.
| Author | : William Tidd |
| Publisher | : |
| Total Pages | : 806 |
| Release | : 1828 |
| Genre | : Civil procedure |
| ISBN | : |
| Author | : David Bruce Brownlee |
| Publisher | : MIT Press |
| Total Pages | : 440 |
| Release | : 1984 |
| Genre | : Architecture |
| ISBN | : |
This is the first book devoted exclusively to Street and his greatest work, the Royal Law Courts in the Strand. George Edmund Street (1824-1881) was a leader of the High Victorian generation of British architects. A prolific and innovative artist, he also played an important role in the reshaping of architectural taste that occurred in England at mid century. This is the first book devoted exclusively to Street and his greatest work, the Royal Law Courts in the Strand. In The Law Courts, David Brownlee makes extensive use of the vast archives of the Public Record Office to document a monument that embodies both the professional controversies surrounding architectural theory and the personal conflicts of an architect caught between two generations of style. More than an examination of a single building, the book is also a history of political and legal reform in the middle of Queen Victoria's reign. In the course of describing the Law Courts in their urban and architectural context, Brownlee also discusses the nature of the bureaucracy that oversaw official patronage of the arts and the demands of clients whose interests often conflicted. He describes the competition in which Street attempted to unite the irregular vigor of Gothic with the quasi-classical symmetry and monumentality appropriate for a public building, the long series of revised designs which increasingly displayed the picturesque qualities of the new Queen Anne taste, and the actual construction of the Courts. This book is volume 8 in the Architectural History Foundation Series.
| Author | : Hamish M. Scott |
| Publisher | : Oxford Handbooks |
| Total Pages | : 769 |
| Release | : 2015 |
| Genre | : History |
| ISBN | : 019959726X |
This Handbook re-examines the concept of early modern history in a European and global context. The term 'early modern' has been familiar, especially in Anglophone scholarship, for four decades and is securely established in teaching, research, and scholarly publishing. More recently, however, the unity implied in the notion has fragmented, while the usefulness and even the validity of the term, and the historical periodisation which it incorporates, have been questioned. The Oxford Handbook of Early Modern European History, 1350-1750 provides an account of the development of the subject during the past half-century, but primarily offers an integrated and comprehensive survey of present knowledge, together with some suggestions as to how the field is developing. It aims both to interrogate the notion of "early modernity" itself and to survey early modern Europe as an established field of study. The overriding aim will be to establish that 'early modern' is not simply a chronological label but possesses a substantive integrity. Volume II is devoted to "Cultures and Power", opening with chapters on philosophy, science, art and architecture, music, and the Enlightenment. Subsequent sections examine 'Europe beyond Europe', with the transformation of contact with other continents during the first global age, and military and political developments, notably the expansion of state power.
| Author | : Caroline Walker Bynum |
| Publisher | : Princeton University Press |
| Total Pages | : 0 |
| Release | : 2022-03 |
| Genre | : Art |
| ISBN | : 1942130716 |
From an acclaimed historian, a mesmerizing account of how medieval European Christians envisioned the paradoxical nature of holy objects Between the twelfth and the sixteenth centuries, European Christians used a plethora of objects in worship, not only prayer books, statues, and paintings but also pieces of natural materials, such as stones and earth, considered to carry holiness, dolls representing Jesus and Mary, and even bits of consecrated bread and wine thought to be miraculously preserved flesh and blood. Theologians and ordinary worshippers alike explained, utilized, justified, and warned against some of these objects, which could carry with them both anti-Semitic charges and the glorious promise of heaven. Their proliferation and the reaction against them form a crucial background to the European-wide movements we know today as “reformations” (both Protestant and Catholic). In a set of independent but interrelated essays, Caroline Bynum considers some examples of such holy things, among them beds for the baby Jesus, the headdresses of medieval nuns, and the footprints of Christ carried home from the Holy Land by pilgrims in patterns cut to their shape or their measurement in lengths of string. Building on and going beyond her well-received work on the history of materiality, Bynum makes two arguments, one substantive, the other methodological. First, she demonstrates that the objects themselves communicate a paradox of dissimilar similitude—that is, that in their very details they both image the glory of heaven and make clear that that heaven is beyond any representation in earthly things. Second, she uses the theme of likeness and unlikeness to interrogate current practices of comparative history. Suggesting that contemporary students of religion, art, and culture should avoid comparing things that merely “look alike,” she proposes that humanists turn instead to comparing across cultures the disparate and perhaps visually dissimilar objects in which worshippers as well as theorists locate the “other” that gives religion enduring power.
