Legal History Books - Page 3

The Spirit of Islamic Law (Spirit of the Laws)

Bernard G. Weiss

List Price: $45.00 By: University of Georgia Press Amazon Marketplace: 6 new & used starting at $19.99

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Customer Reviews:
Total reviews: 3 Average rating: 4.5 of 5

Excellent Work 5 out of 5 stars.
2 of 3 people found this review helpful.

This book is wonderfully written and easy to understand, even for beginners in the field, such as myself. It outlines the processes by which classical Islamic law and government came into being without being drawn out. Wonderful book.

Editorial Review:

This study focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science elaborates the theoretical and methodological foundations of the law. The Spirit of Islamic Law outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of the fallibility of human endeavor to capture divine intent; a toleration of legal diversity; a moralistic bent grounded in a particular social vision; and finally, a preoccupation with the affairs of private individuals -- especially family relations and contracts -- coupled with a concern to define the limits of governmental power. The Spirit of Islamic Law is the fifth book in Georgia's Spirit of the Laws series. which illuminates the nature of legal systems throughout the world.

Christianity and Law: An Introduction (Cambridge Companions to Religion)

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Editorial Review:

What impact has Christianity had on the law from its beginnings to the present day? This introduction explores the main legal teachings of Western Christianity, set out in the texts and traditions of scripture and theology, philosophy and jurisprudence. It takes up the weightier matters of the law that Christianity has profoundly shaped - justice and mercy, rule and equity, discipline and love - as well as more technical topics of canon law, natural law, and state law. Some of these legal creations were wholly original to Christianity. Others were converted from Jewish and classical traditions. Still others were reformed by Renaissance humanists and Enlightenment philosophers. But whether original or reformed, these Christian teachings on law, politics and society have made and can continue to make fundamental contributions to modern law in the West and beyond.

The Salem Witchcraft Trials: A Legal History (Landmark Law Cases & American Society)

Peter Charles Hoffer

List Price: $25.00 By: University Press of Kansas Amazon Marketplace: 3 new & used starting at $168.64

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Customer Reviews:
Total reviews: 1 Average rating: 5.0 of 5

Awesome book! Very interesting. Love it! 5 out of 5 stars.
0 of 1 people found this review helpful.

This is a fantastic book for the history of witch craft enthusiast. I loved it and learned a lot that I didn't already know.

Editorial Review:

Historian Peter Charles Hoffer reexamines a notorious episode in American history and presents many of its legal details in true perspective for the first time. Hoffer also shows how rights we take for granted today did not exist in colonial times, and he demonstrates how these cases relate to current instances of children accusing adults of abuse.

American Law in the 20th Century

Lawrence M. Friedman

Amazon Price: $52.00 List Price: $52.00 Usually ships in 24 hours By: Yale University Press Amazon Marketplace: 35 new & used starting at $4.80

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Total reviews: 7 Average rating: 4.5 of 5

Editorial Review:

A history of American law in the 20th century. It describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the centre of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programmes ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout this history, Lawrence M. Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the 20th century - including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad?

Annulment: The Wedding That Was : How the Church Can Declare a Marriage Null

Michael Smith Foster

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Total reviews: 6 Average rating: 4.5 of 5

A Helpful Guide For Those in the Annulment Process 5 out of 5 stars.
17 of 19 people found this review helpful.

Annulling a marriage is one of the thorniest practices of the Roman Catholic Church. People who are granted annulments are given a whole new lease on life, but for those who are denied an annulment, the news can be devastating. For Catholics, an annulment means that a sacramental marriage never took place. The most common reaction to this is "I went to the wedding, what do you mean a marriage never took place?" People begin to wonder if an annulment means that children from such unions are illegitimate (no). Others wonder what right the Church has to declare a marriage null, and see the process as judgmental and vindictive. Others believe that annulments are only granted to those willing to pay a hefty price tag. With so much negative press, it is no wonder why so many people find the annulment process intimidating and decide not to pursue having a marriage annulled.

Michael Smith Foster, a Catholic priest and canon lawyer who works at the Marriage Tribunal for the Archdiocese of Boston has written a clear, easy to understand book answering the many questions of what an annulment is, and what an annulment is not. The book is published by Paulist Press, and is set up in a question and answer format, like many book released by this publisher. In discussing the annulment process, the author also explains what a Catholic marriage is supposed to be. His style is pastoral and non-threatening. The book is compassionate and hopeful for people who have been hurt by a marriage coming apart.

While this book will be most helpful to people going through the annulment process and those who are ministering to them, it will be of interest to any Catholics who want to understand more about this procedure and what the Church truly teaches about marriage.

The Origins of Reasonable Doubt: Theological Roots of the Criminal Trial (Yale Law Library Series in Legal History and Reference)

James Q. Whitman

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Total reviews: 1 Average rating: 5.0 of 5

Editorial Review:

To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one.

 

The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

 

The Stoning of Soraya M.

Freidoune Sahebjam

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Customer Reviews:
Total reviews: 5 Average rating: 4.0 of 5

Excellant book that needs to be read by more Americans 5 out of 5 stars.
11 of 13 people found this review helpful.

Well written, factual and horrific account of how, in many countries today, religion has been twisted to suit the needs of certain people, namely men. Having lived in a few Muslim countries, I can factually state that this sort of event is not that uncommon. It is, however, uncommon, and most likely unknown in the Western world. The reason this book is so good is that hopefully it will bring more exposure to what is happening in these third world countries. Maybe by exposing it more and more, it will, eventually, be eradicated.

Truth that needs airing 5 out of 5 stars.
8 of 9 people found this review helpful.

In response to a book that documents utter barbarity occuring in Iran, Ariana chooses to spit at the West. Sorry Ariana, this is your cultural tradition, you have to account for it or change it. It is very telling that ARIANA writes from SWEDEN, a civilized country that respects human rights and women's rights in particular. Perhaps the available Islamic paradises are not to Ariana's taste. Unfortunately Sharia law, an invention of Islam is spreading in Nigeria and is very present in Sudan where stonings just like this are occurring now in March of 2002. The author was brave to document this atrocity and should be commended.

Editorial Review:

Recreates the painful ordeal of a woman stoned to death in modern Iran based on her husband's accusation of adultery, laying bare a painful miscarriage of justice and the disparity of rights between the genders in Muslim society.

Domesday Book: A Complete Translation (Alecto Historical Editions)

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Total reviews: 3 Average rating: 4.5 of 5

For some of us, this is great bedtime reading . . . 4 out of 5 stars.
41 of 45 people found this review helpful.

It takes a particular sort of reader to rejoice at the prospect of an all-new translation of a 900-year-old government-sponsored economic and agricultural census. I'm well acquainted with the Phillimore 35-volume edition published in the 1970s, and I own Finn's guide to it, but this new effort is a lovely piece of work -- and it's portable enough to actually carry around with you. The Alecto translation was itself based on the Victoria History of the Counties of England version, but much improved and updated. This volume also omits the marginalia, which is too bad, but it does interpolate a great many bracketed words to fill the original scribe's frequent elisions. There's also an extremely thorough Index of Places -- but not one of persons, a glaring omission, since so many larger landholders possessed estates throughout a county, or even in numerous counties. Nevertheless, an excellent publication, and at a very reasonable price.

Editorial Review:

Domesday Book, compiled in 1086 at the behest of William the Conqueror, has been described as "the most valuable piece of antiquity possessed by any nation" (David Hume) and viewed by historians as the final act of the Norman conquest. Produced under the supervision of the most renowned Domesday scholars, this authoritative translation of the complete Domesday offers a remarkable portrait of England in the late eleventh century.

A History of Islamic Legal Theories: An Introduction to Sunni usul al-fiqh

Wael B. Hallaq

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Total reviews: 4 Average rating: 4.5 of 5

A good introduction 4 out of 5 stars.
13 of 16 people found this review helpful.

This book is more than a History, it basically defines the Usul al-fiqh terms and their development and historically how the concept were being developed, changed and added on. For being about only Sunni Usul al-fikh the scope is limited to a certain sect. Author takes you through early years when he claims no methodology were existed than to Imam Shafii whom he does not put as a founding father in the field of fikh, continues with some quranic concepts like clear/ambigious ayats, foundations of hadits, abbrogation and than into tools of the law, concensus, ijma, qiyas, istihsan, istishab,ijtihad etc. The best part of the book is that author provides examples of each concept for illustration, explains opinions of known mujtehits on the subjects. The book closes with modernist efforts by F.Rahman and especially the author have high regards for Shahrur. The book shows although not in broad acceptance by everybody, the change in methodology from using Quran and Sunna of the Prophet(pbh) to Quran only and socio/politic conditions of the current times and elimination of Ijma or ancient ijtihads.

Editorial Review:

Wael B. Hallaq is already established as one of the most eminent scholars in the field of Islamic law. In his latest book, he traces the history of Islamic legal theory from its beginnings until the modern period. The book is the first of its kind in organization, approach to the subject, and critical apparatus, and as such will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. Its accessibility of language and style guarantees it a readership among students and scholars, as well as anyone interested in Islam and its evolution.

The People's Welfare: Law and Regulation in Nineteenth-Century America (Studies in Legal History)

William J. Novak

List Price: $59.95 By: University of North Carolina Press Amazon Marketplace: 3 new & used starting at $42.03

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Total reviews: 1 Average rating: 4.0 of 5

Editorial Review:

Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.