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Much of the modern world's knowledge of criminal court trials in the Late Roman Republic derives from the orations of Cicero. His eleven court trial speeches have provided information about the trials and the practices of the time period. Records of the prosecution's case are lost; these speeches, our only transcripts of the time, were delivered by the defense. The Case for the Prosecution in the Ciceronian Era attempts to restore the judicial balance by depicting the lost side of the trial. Guided by Cicero's argument, Michael C. Alexander recreates the prosecution's case against the defendants in the trials. Organized into eleven chapters, each detailing one trial, the core of the work discusses the different dimensions of each trial, the circumstances surrounding the cases, those involved, the legal charges and allegations made by the prosecution, the ways in which the prosecution might have countered Cicero's rebuttal and the outcome. There is also a discussion concerning particular problems the prosecution may have faced in preparing for the trial. This book reveals strong points in favor of the prosecution; justifies the hope of the prosecutor, a private citizen who had volunteered to undertake the case; and asks why the prosecutors believed they would come out victorious, and why they eventually failed. The Case for the Prosecution in the Ciceronian Era draws on ancient rhetorical theory and on Roman law to shed light on these events. It will interest historians and classicists interested in Ciceronian oratory and those intrigued by legal history. Michael C. Alexander is Associate Professor of History, University of Illinois, Chicago.
Lawyers, Society, and Politics in Barcelona, 1759-1900
Offering a window into the history of the modern legal profession in Western Europe, Stephen Jacobson presents a history of lawyers in the most industrialized city on the Mediterranean. Far from being mere curators of static law, Barcelona's lawyers were at the center of social conflict and political and economic change, mediating between state, family, and society.
Law, Politics, and the Humanitarian Impulse
From 9/11 to Katrina, from Darfur to the Minnesota bridge collapse, ours is an “age of catastrophe.” In this era, catastrophic events seem to have a revelatory quality: they offer powerful reminders of the fragility of our social and institutional architectures, making painfully evident vulnerabilities in our social organization that were otherwise invisible. By disrupting the operation of fundamental mechanisms and infrastructures of the social order, they lay bare the conditions that make our sense of normalcy possible. At a time when societies are directing an unprecedented level of resources and ingenuity to anticipating and mitigating catastrophic events, Catastrophe: Law, Politics, and the Humanitarian Impulse examines the tests that catastrophe poses to politics and humanitarianism as well as to the law. It explores legal, political, and humanitarian responses during times when the sudden, discontinuous, and disastrous event has become, perhaps paradoxically, a structural component of our political imagination. It asks whether law, politics, and humanitarianism live up to the tests posed by disaster, and the role all of them play in creating a more resilient world. Taken together the essays in this book ask us to see through and beyond the myths that surround catastrophe and our responses to it. They ask us to rethink our understanding of catastrophe and to imagine new legal, political, and humanitarian responses. In addition to the editors, contributors include Thomas Birkland, Michele Landis Dauber, Kim Fortun, Edward Rackley, Peter Redfield, Peter H. Schuck, and Susan Sterett.
"A day, an hour, of virtuous liberty is worth a whole eternity in bondage."
-Joseph Addison, Cato 1713
Joseph Addison was born in 1672 in Milston, Wiltshire, England. He was educated in the classics at Oxford and became widely known as an essayist, playwright, poet, and statesman. First produced in 1713, Cato, A Tragedy inspired generations toward a pursuit of liberty. Liberty Fund’s new edition of Cato: A Tragedy, and Selected Essays brings together Addison’s dramatic masterpiece along with a selection of his essays that develop key themes in the play.
Cato, A Tragedy is the account of the final hours of Marcus Porcius Cato (95–46 B.C.), a Stoic whose deeds, rhetoric, and resistance to the tyranny of Caesar made him an icon of republicanism, virtue, and liberty. By all accounts, Cato was an uncompromisingly principled man, deeply committed to liberty. He opposed Caesar’s tyrannical assertion of power and took arms against him. As Caesar’s forces closed in on Cato, he chose to take his life, preferring death by his own hand to a life of submission to Caesar.
Addison’s theatrical depiction of Cato enlivened the glorious image of a citizen ready to sacrifice everything in the cause of freedom, and it influenced friends of liberty on both sides of the Atlantic. Captain Nathan Hale’s last words before being hanged were, “I only regret that I have but one life to lose for my country,” a close paraphrase of Addison’s “What pity is it that we can die but once to serve our country!” George Washington found Cato such a powerful statement of liberty, honor, virtue, and patriotism that he had it performed for his men at Valley Forge. And Forrest McDonald says in his Foreword that “Patrick Henry adapted his famous ‘Give me liberty or give me death’ speech directly from lines in Cato.”
Despite Cato’s enormous success, Addison was perhaps best-known as an essayist. In periodicals like the Spectator, Guardian, Tatler, and Freeholder, he sought to educate England’s developing middle class in the habits, morals, and manners he believed necessary for the preservation of a free society. Addison’s work in these periodicals helped to define the modern English essay form. Samuel Johnson said of his writing, “Whoever wishes to attain an English style, familiar but not coarse, and elegant but not ostentatious, must give his days and nights to the study of Addison.”
Christine Dunn Henderson is a Senior Fellow at Liberty Fund. Prior to joining Liberty Fund in 2000, she was assistant professor of political science at Marshall University.
Mark E. Yellin, also a Fellow at Liberty Fund, received his Ph.D. from Rutgers University, has taught at North Carolina State University, and edited Douglass Adair’s Intellectual Origins of Jeffersonian Democracy.
Click here for a pdf of the Cato: A Tragedy brochure
The Emergence of the Christian Film Industry, 1930-1986
Cultural and Institutional Crossings in the History of Anthropology
The terms "center" and "periphery" are particularly relevant to anthropologists, since traditionally they look outward from institutional "centers"-universities, museums, government bureaus-to learn about people on the "peripheries." Yet anthropology itself, as compared with economics, politics, or history, occupies a space somewhat on the margins of academe. Still, anthropologists, who control esoteric knowledge about the vast range of human variation, often find themselves in a theoretically central position, able to critique the "universal" truths promoted by other disciplines.
Central Sites, Peripheral Visions presents five case studies that explore the dilemmas, moral as well as political, that emerge out of this unique position. From David Koester's analysis of how ethnographic descriptions of Iceland marginalized that country's population, to Kath Weston's account of an offshore penal colony where officials mixed prison work with ethnographic pursuits; from Brad Evans's reflections on the "bohemianism" of both the Harlem vogue and American anthropology, to Arthur J. Ray's study of anthropologists who serve as expert witnesses in legal cases, the essays in the eleventh volume of the History of Anthropology Series reflect on anthropology's always problematic status as centrally peripheral, or peripherally central.
Finally, George W. Stocking, Jr., in a contribution that is almost a book in its own right, traces the professional trajectory of American anthropologist Robert Gelston Armstrong, who was unceremoniously expelled from his place of privilege because of his communist sympathies in the 1950s. By taking up Armstrong's unfinished business decades later, Stocking engages in an extended meditation on the relationship between center and periphery and offers "a kind of posthumous reparation," a page in the history of the discipline for a distant colleague who might otherwise have remained in the footnotes.
The use of cheques and other banking instruments in Hong Kong and the law which applies to them are described.
The Mexican American Legal Struggle for Educational Equality
In 1925 Adolfo ‘Babe’ Romo, a Mexican American rancher in Tempe, Arizona, filed suit against his school district on behalf of his four young children, who were forced to attend a markedly low-quality segregated school, and won. But Romo v. Laird was just the beginning. Some sources rank Mexican Americans as one of the most poorly educated ethnic groups in the United States. Chicano Students and the Courts is a comprehensive look at this community’s long-standing legal struggle for better schools and educational equality. Through the lens of critical race theory, Valencia details why and how Mexican American parents and their children have been forced to resort to legal action.
Chicano Students and the Courts engages the many areas that have spurred Mexican Americans to legal battle, including school segregation, financing, special education, bilingual education, school closures, undocumented students, higher education financing, and high-stakes testing, ultimately situating these legal efforts in the broader scope of the Mexican American community’s overall struggle for the right to an equal education. Extensively researched, and written by an author with firsthand experience in the courtroom as an expert witness in Mexican American education cases, this volume is the first to provide an in-depth understanding of the intersection of litigation and education vis-à-vis Mexican Americans.
Legal Theory and Criminal Justice in Deng's Era
This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening.