{"title":"Series: Yale Law Library Series in Legal History and Reference","description":"\u003cp\u003eThe \u003cstrong\u003eYale Law Library Series in Legal History and Reference\u003c\/strong\u003e offers a scholarly exploration of legal traditions, pivotal cases, and foundational principles shaping the development of law through history. Readers will find meticulously researched works that illuminate the social, political, and cultural contexts influencing legal thought and practice across time.\u003c\/p\u003e\n\n\u003cp\u003eThis series serves as an essential resource for those interested in the crossroads of history, politics, and law, providing authoritative insights into how legal frameworks have evolved. Whether delving into historic legal systems or examining reference materials, readers can expect a rich tapestry of knowledge crafted for both academic inquiry and informed curiosity.\u003c\/p\u003e","products":[{"product_id":"marital-privilege-by-serena-mayeri-9780300279443","title":"Marital Privilege","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eHow the privileged legal status of marriage survived decades of constitutional struggle and social change\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003eThe United States is unusual among wealthy western nations in the degree to which the law channels public benefits and private economic resources through marriage. This remains so despite seismic changes in American family life in the last several decades. During this period, marriage rates declined while divorce and nonmarital childbearing soared. Social movements for racial and economic justice, women's and gay rights and liberation, civil liberties, and reproductive freedom transformed the legal landscape.\u003c\/p\u003e\n\n\u003cp\u003eIn \u003cem\u003eMarital Privilege\u003c\/em\u003e, Serena Mayeri tells the stories of partners and parents, activists, and lawyers, who challenged the legal primacy of marriage. They made innovative constitutional claims in courts and launched grassroots efforts to change laws and practices that penalised nonmarital relationships. But even though reforms eliminated the most visible discrimination against women, people of colour, children born to unmarried parents—and, eventually, gay and lesbian Americans—marriage's privileged status endured. Because marriage increasingly correlated with education and wealth, marital primacy intensified racial and economic inequality. \u003cem\u003eMarital Privilege\u003c\/em\u003e explains how, as American law selectively incorporated principles of liberty and equality, the benefits of marriage became increasingly unavailable to those who needed them most.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Unknown","offers":[{"title":"Default Title","offer_id":46871414702316,"sku":"9780300279443","price":83.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/b8a9b4acfb1ecc0d76bb2bba3a1d1b1c.jpg?v=1759983989"},{"product_id":"an-empire-of-laws-by-christian-r-burset-9780300253238","title":"An Empire of Laws","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cb\u003eA compelling reexamination of how Britain used law to shape its empire\u003c\/b\u003e\u003c\/p\u003e\n\n\u003cp\u003eFor many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. However, the common law became less common after Britain emerged from the Seven Years' War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a policy of legal pluralism: some colonies remained under English law, but others, including parts of India and former French territories in North America, retained their previous legal regimes.\u003c\/p\u003e\n\n\u003cp\u003eAs legal historian Christian R. Burset argues, determining whether a colony received English law depended on what kind of colony Britain intended to create. Policymakers believed English law could turn any territory into an anglicised, commercial colony; in contrast, legal pluralism would ensure a colony’s economic and political subordination. Britain’s turn to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alternatives.\u003c\/p\u003e\n\n\u003cp\u003eAmong other implications, this helps explain the American colonies’ reverence for common law: it was an expression of their equal status in the empire. \u003cem\u003eAn Empire of Laws\u003c\/em\u003e, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Unknown","offers":[{"title":"Default Title","offer_id":47000537923820,"sku":"9780300253238","price":131.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/cb508703df3ea810ccb672c5e863ee58.jpg?v=1763324128"},{"product_id":"power-and-justice-in-medieval-england-by-joshua-c-tate-9780300163834","title":"Power and Justice in Medieval England","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eHow the medieval right to appoint a parson helped give birth to English common law\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003eAppointing a parson to the local church following a vacancy—an “advowson”—was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy—which was a type of property—at the time the position needed to be filled.\u003c\/p\u003e\n\n\u003cp\u003eIn tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.\u003c\/p\u003e\n\n\u003cp\u003e\u003cem\u003ePower and Justice in Medieval England\u003c\/em\u003e illuminates these complex legal developments and their historical significance, providing an understanding of how specific medieval practices contributed to the evolution of the broader legal system.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Unknown","offers":[{"title":"Default Title","offer_id":47000708677868,"sku":"9780300163834","price":107.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/23636083482294.jpg?v=1763299434"},{"product_id":"memory-and-authority-by-jack-m-balkin-9780300272222","title":"Memory and Authority","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cem\u003eMemory and Authority\u003c\/em\u003e by Jack M. Balkin offers a sweeping rethinking of the uses of history in constitutional interpretation, penned by one of the nation's preeminent constitutional scholars.\u003c\/p\u003e\n\n\u003cp\u003eFights 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. Lawyers and judges construct—and erase—memory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world.\u003c\/p\u003e\n\n\u003cp\u003eBalkin 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. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. Moreover, he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Unknown","offers":[{"title":"Default Title","offer_id":47383912972524,"sku":"9780300272222","price":59.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/24719963482294.jpg?v=1773388348"},{"product_id":"oscar-wilde-on-trial-by-joseph-bristow-9780300222722","title":"Oscar Wilde on Trial","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cb\u003eThe most authoritative account of a pivotal event in legal and cultural history: the trials of Oscar Wilde on charges of “gross indecency”\u003c\/b\u003e\n\n\u003cp\u003eAmong the most infamous prosecutions of a literary figure in history, the two trials of Oscar Wilde for committing acts of “gross indecency” occurred at the height of his fame. After being found guilty, Wilde spent two years in prison, emerged bankrupt, and died in a cheap hotel room in Paris a few years after his release.\u003c\/p\u003e\n\n\u003cp\u003eThe trials prompted a new intolerance toward homosexuality: habits of male bonding that were previously seen as innocent were now viewed as a threat, and an association grew in the public mind between gay men and the arts.\u003c\/p\u003e\n\n\u003cp\u003e\u003ci\u003eOscar Wilde on Trial\u003c\/i\u003e assembles accounts from a variety of sources, including official and private letters, newspaper accounts, and previously published (but very incomplete) transcripts, to provide the most accurate and authoritative account to date of events that were pivotal in both legal and cultural history.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Unknown","offers":[{"title":"Default Title","offer_id":47461226119404,"sku":"9780300222722","price":154.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9780300222722-oscar-wilde-on-trial.jpg?v=1774962715"},{"product_id":"the-origins-of-reasonable-doubt-by-james-q-whitman-9780300219906","title":"The Origins of Reasonable Doubt","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003eTo 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 \u003ci\u003ereasonable doubt\u003c\/i\u003e. It was not originally a legal rule at all, he shows, but a theological one.\u003c\/p\u003e\n\n\u003cp\u003eThe 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 \u003ci\u003ejurors\u003c\/i\u003e. 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.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Unknown","offers":[{"title":"Default Title","offer_id":47600022028524,"sku":"9780300219906","price":59.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/eccd720ad18f5c732b99d467fa5dd355.jpg?v=1778021414"},{"product_id":"the-interbellum-constitution-by-alison-l-lacroix-9780300223217","title":"The Interbellum Constitution","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eA synthesis of legal, political, and social history to show how the post-founding generations were forced to rethink and substantially revise the U.S. constitutional vision.\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003eBetween 1815 and 1861, American constitutional law and politics underwent a profound transformation. These decades of the \u003cem\u003eInterbellum Constitution\u003c\/em\u003e were a foundational period of both constitutional crisis and creativity.\u003c\/p\u003e\n\n\u003cp\u003eThe \u003cem\u003eInterbellum Constitution\u003c\/em\u003e was a set of widely shared legal and political principles, combined with a thoroughgoing commitment to investing those principles with meaning through debate. Each of these shared principles—commerce, concurrent power, and jurisdictional multiplicity—concerned what we now call \"federalism,\" meaning that they pertain to the relationships among multiple levels of government with varying degrees of autonomy. Alison L. LaCroix argues, however, that there existed many more \u003cem\u003efederalisms\u003c\/em\u003e in the early nineteenth century than today's constitutional debates admit.\u003c\/p\u003e\n\n\u003cp\u003eAs LaCroix shows, this was a period of intense rethinking of the very basis of the U.S. national model—a problem debated everywhere, from newspapers and statehouses to local pubs and pulpits, ultimately leading both to civil war and to a new, more unified constitutional vision. This book is the first that synthesizes the legal, political, and social history of the early nineteenth century to show how deeply these constitutional questions dominated the discourse of the time.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Unknown","offers":[{"title":"Default Title","offer_id":47933310796012,"sku":"9780300223217","price":83.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/1ee51fc460c9f545cf9eeb2d2efe0be7.jpg?v=1783891428"}],"url":"https:\/\/bookhero.pro\/collections\/series-yale-law-library-series-in-legal-history-and-reference.oembed","provider":"Book Hero","version":"1.0","type":"link"}