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This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the ...
Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971
This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges - both as members of the British Colonial Legal Service and as individuals - to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.
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114.450000 USD

Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971

by Ellen R Feingold
Paperback / softback
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On November 23rd of 1849, in the heart of Boston, one of the city's richest men simply vanished. Dr. George Parkman, a Brahmin who owned much of Boston's West End, was last seen that afternoon visiting his alma mater, Harvard Medical School. Police scoured city tenements and the harbor, and ...
Blood & Ivy: The 1849 Murder That Scandalized Harvard
On November 23rd of 1849, in the heart of Boston, one of the city's richest men simply vanished. Dr. George Parkman, a Brahmin who owned much of Boston's West End, was last seen that afternoon visiting his alma mater, Harvard Medical School. Police scoured city tenements and the harbor, and leads put the elusive Dr. Parkman at sea or hiding in Manhattan. But one Harvard janitor held a much darker suspicion: that their ruthless benefactor had never left the Medical School building alive. His shocking discoveries in a chemistry professor's laboratory engulfed America in one of its most infamous trials: The Commonwealth of Massachusetts v. John White Webster. A baffling case of red herrings, grave robbery, and dismemberment, it became a landmark case in the use of medical forensics and the meaning of reasonable doubt. Paul Collins brings nineteenth-century Boston back to life in vivid detail, weaving together newspaper accounts, letters, journals, court transcripts, and memoirs from this groundbreaking case. Rich in characters and evocative in atmosphere, Blood & Ivy explores the fatal entanglement of new science and old money in one of America's greatest murder mysteries.
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20.46 USD

Blood & Ivy: The 1849 Murder That Scandalized Harvard

by Paul Collins
Paperback / softback
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Before World War I, the government reaction to labor dissent had been local, ad hoc, and quasi-military. Sheriffs, mayors, or governors would deputize strikebreakers or call out the state militia, usually at the bidding of employers. When the United States entered the conflict in 1917, government and industry feared that ...
Keep the Wretches in Order: America's Biggest Mass Trial, the Rise of the Justice Department, and the Fall of the IWW
Before World War I, the government reaction to labor dissent had been local, ad hoc, and quasi-military. Sheriffs, mayors, or governors would deputize strikebreakers or call out the state militia, usually at the bidding of employers. When the United States entered the conflict in 1917, government and industry feared that strikes would endanger war production; a more coordinated, national strategy would be necessary. To prevent stoppages, the Department of Justice embarked on a sweeping new effort-replacing gunmen with lawyers. The department systematically targeted the nation's most radical and innovative union, the Industrial Workers of the World, also known as the Wobblies, resulting in the largest mass trial in U.S. history. In the first legal history of this federal trial, Dean Strang shows how the case laid the groundwork for a fundamentally different strategy to stifle radical threats, and had a major role in shaping the modern Justice Department. As the trial unfolded, it became an exercise of raw force, raising serious questions about its legitimacy and revealing the fragility of a criminal justice system under great external pressure.
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62.28 USD

Keep the Wretches in Order: America's Biggest Mass Trial, the Rise of the Justice Department, and the Fall of the IWW

by Dean Strang
Hardback
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This book looks at how the fledgling British East India Company state of the 1760s developed into the mature Anglo-Indian empire of the 19th century. It investigates the bureaucratic culture of early Company administrators, primarily at the district level, and the influence of that culture on the nature and scope ...
Bureaucratic Culture in Early Colonial India: District Officials, Armed Forces, and Personal Interest under the East India Company, 1760-1830
This book looks at how the fledgling British East India Company state of the 1760s developed into the mature Anglo-Indian empire of the 19th century. It investigates the bureaucratic culture of early Company administrators, primarily at the district level, and the influence of that culture on the nature and scope of colonial government in India. Drawing on a host of archival material and secondary sources, James Lees details the power relationship between local officials and their superiors at Fort William in Calcutta, and examines the wider implications of that relationship for Indian society. The book brings to the fore the manner in which the Company's roots in India were established despite its limited military resources and lack of governmental experience. It underlines how the early colonial polity was shaped by European administrators' attitudes towards personal and corporate reputation, financial gain, and military governance. A thoughtful intervention in understanding the impact of the Company's government on Indian society, this volume will be of interest to researchers working within South Asian studies, British studies, administrative history, military history, and the history of colonialism.
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196.22 USD

Bureaucratic Culture in Early Colonial India: District Officials, Armed Forces, and Personal Interest under the East India Company, 1760-1830

by James Lees
Hardback
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A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing ...
The Antitrust Paradigm: Restoring a Competitive Economy
A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the Chicago school, the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
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47.250000 USD

The Antitrust Paradigm: Restoring a Competitive Economy

by Jonathan B. Baker
Hardback
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A major statement on the juvenile justice system by one of America's leading experts The juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of ...
The Evolution of the Juvenile Court: Race, Politics, and the Criminalizing of Juvenile Justice
A major statement on the juvenile justice system by one of America's leading experts The juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system's development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years-the ascendance of get tough crime policies and the more recent Supreme Court recognition that children are different. Feld's comprehensive historical analyses trace juvenile courts' evolution though four periods-the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today's Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts' policies and practices. Changes in juvenile courts' ends and means-substance and procedure-reflect shifting notions of children's culpability and competence. The Evolution of the Juvenile Court examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths' reduced criminal responsibility and diminished competence. Feld draws on lessons from the past to envision a new, developmentally appropriate justice system for children. Ultimately, providing justice for children requires structural changes to reduce social and economic inequality-concentrated poverty in segregated urban areas-that disproportionately expose children of color to juvenile courts' punitive policies. Historical, prescriptive, and analytical, The Evolution of the Juvenile Court evaluates the author's past recommendations to abolish juvenile courts in light of this new evidence, and concludes that separate, but reformed, juvenile courts are necessary to protect children who commit crimes and facilitate their successful transition to adulthood.
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35.82 USD

The Evolution of the Juvenile Court: Race, Politics, and the Criminalizing of Juvenile Justice

by Barry C. Feld
Paperback / softback
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Does the American legal system work as advertised? Does it even work at all? News about abusive police, rotting prisons, and Congressional corruption all point to deep problems. In THE NONSENSE FACTORY, Bruce Cannon Gibney shows that these defects are not aberrations, but the product of the legal system's ceaseless, ...
The Nonsense Factory: How Our Bloated, Broken Legal System Is Failing Regular Americans
Does the American legal system work as advertised? Does it even work at all? News about abusive police, rotting prisons, and Congressional corruption all point to deep problems. In THE NONSENSE FACTORY, Bruce Cannon Gibney shows that these defects are not aberrations, but the product of the legal system's ceaseless, heedless growth. The whole factory of the law--legislation, enforcement, judgment, and corrections--has become so ambitious, yet so ignorant, that it cannot help but produce endless problems. The law sprawls into unknowable chaos, and citizens find themselves tangled in a web of obligations they cannot possibly honor, and victims for the unscrupulous to easily exploit. We see this playing out daily in Donald Trump's America. The legal crisis has become urgent. America is rapidly arriving at the point where no one can understand what law actually is or should do. The result is a system at war with itself, mutually distrustful and hostile in the extreme. The system can be salvaged; indeed, it must be. The risks of inaction are immense--the very stability of our country.
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30.450000 USD

The Nonsense Factory: How Our Bloated, Broken Legal System Is Failing Regular Americans

by Bruce Cannon Gibney
Hardback
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American States of Nature transforms our understanding of the American Revolution and the early makings of the Constitution. The journey to an independent United States generated important arguments about the existing condition of Americans, in which rival interpretations of the term state of nature played a crucial role. State of ...
American States of Nature: The Origins of Independence, 1761-1775
American States of Nature transforms our understanding of the American Revolution and the early makings of the Constitution. The journey to an independent United States generated important arguments about the existing condition of Americans, in which rival interpretations of the term state of nature played a crucial role. State of nature typically implied a pre-political condition and was often invoked in support of individual rights to property and self-defense and the right to exit or to form a political state. It could connote either a paradise, a baseline condition of virtue and health, or a hell on earth. This mutable phrase was well-known in Europe and its empires. In the British colonies, state of nature appeared thousands of times in juridical, theological, medical, political, economic, and other texts from 1630 to 1810. But by the 1760s, a distinctively American state-of-nature discourse started to emerge. It combined existing meanings and sidelined others in moments of intense contestation, such as the Stamp Act crisis of 1765-66 and the First Continental Congress of 1774. In laws, resolutions, petitions, sermons, broadsides, pamphlets, letters, and diaries, the American states of nature came to justify independence at least as much as colonial formulations of liberty, property, and individual rights did. In this groundbreaking book, Mark Somos focuses on the formative decade and a half just before the American Revolution. Somos' investigation begins with a 1761 speech by James Otis that John Adams described as a dissertation on the state of nature, and celebrated as the real start of the Revolution. Drawing on an enormous range of both public and personal writings, many rarely or never before discussed, the book follows the development of America's state-of-nature discourse to 1775. The founding generation transformed this flexible concept into a powerful theme that shapes their legacy to this day. No constitutional history of the Revolution can be written without it.
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52.450000 USD

American States of Nature: The Origins of Independence, 1761-1775

by Mark Somos
Hardback
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From the 'show' trials of the 1920s and 1930s to the London Conference, this book examines the Soviet role in the Nuremberg IMT trial through the prism of the ideas and practices of earlier Soviet legal history, detailing the evolution of Stalin's ideas about the trail of Nazi war criminals. ...
Stalin's Soviet Justice: `Show' Trials, War Crimes Trials, and Nuremberg
From the 'show' trials of the 1920s and 1930s to the London Conference, this book examines the Soviet role in the Nuremberg IMT trial through the prism of the ideas and practices of earlier Soviet legal history, detailing the evolution of Stalin's ideas about the trail of Nazi war criminals. Stalin believed that an international trial for Nazi war criminals was the best way to show the world the sacrifices his country had made to defeat Hitler, and he, together with his legal mouthpiece Andrei Vyshinsky, maintained tight control over Soviet representatives during talks leading up to the creation of the Nuremberg IMT trial in 1945, and the trial itself. But Soviet prosecutors at Nuremberg were unable to deal comfortably with the complexities of an open, western-style legal proceeding, which undercut their effectiveness throughout the trial. However, they were able to present a significant body of evidence that underscored the brutal nature of Hitler's racial war in Russia from 1941-45, a theme which became central to Stalin's efforts to redefine international criminal law after the war. Stalin's Soviet Justice provides a nuanced analysis of the Soviet justice system at a crucial turning point in European history and it will be vital reading for scholars and advanced students of the legal history of the Soviet Union, the history of war crimes and the aftermath of the Second World War.
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119.700000 USD

Stalin's Soviet Justice: `Show' Trials, War Crimes Trials, and Nuremberg

Hardback
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This book represents the first multi-disciplinary introduction to the study of war crimes trials and investigations. It introduces readers to the numerous disciplines engaged with this complex subject, including: Forensic Anthropology, Economics and Anthropometrics, Legal History, Violence Studies, International Criminal Justice, International Relations, and Moral Philosophy. The contributors are experts ...
War Crimes Trials and Investigations: A Multi-Disciplinary Introduction
This book represents the first multi-disciplinary introduction to the study of war crimes trials and investigations. It introduces readers to the numerous disciplines engaged with this complex subject, including: Forensic Anthropology, Economics and Anthropometrics, Legal History, Violence Studies, International Criminal Justice, International Relations, and Moral Philosophy. The contributors are experts in their respective fields and the chapters highlight each discipline's major trends, debates, methods and approaches to mass atrocity, genocide, and crimes against humanity, as well as their interactions with adjacent disciplines. Case studies illustrate how the respective disciplines work in practice, including examples from the Allied Hunger Blockade, WWII, the Guatemalan and Spanish Civil Wars, the Former Yugoslavia, and Uganda. Including bibliographical essays to offer readers crucial orientation when approaching the specialist literature in each case, this edited collection equips readers with what they need to know in order to navigate a complex, and until now, deeply fragmented field. A diverse and interdisciplinary body of research, this book will be indispensable reading for scholars of war crimes.
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135.450000 USD

War Crimes Trials and Investigations: A Multi-Disciplinary Introduction

by Jacques Schuhmacher, Jonathan Waterlow
Paperback / softback
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Jimmy Hoffa, acquitted in a Nashville court during the Test Fleet case, was under investigation for jury tampering and subsequently tried and convicted in Chattanooga after a judge in Nashville granted a change of venue. Nicely explores Hoffa's time in Tennessee, the major players in the case, and the development ...
Hoffa in Tennessee: The Chattanooga Trial That Brought Down an Icon
Jimmy Hoffa, acquitted in a Nashville court during the Test Fleet case, was under investigation for jury tampering and subsequently tried and convicted in Chattanooga after a judge in Nashville granted a change of venue. Nicely explores Hoffa's time in Tennessee, the major players in the case, and the development of Bobby Kennedy, then chief counsel of the Senate's McClellan Committee, as Hoffa's main antagonist. All the while, Hoffa's continued legal troubles created a high amount of tension between the Teamsters, management, and members of organized crime. While many books overlook this important tipping point in Hoffa's career, tending to focus on his disappearance, Nicely mines court transcripts and presents the Tennessee trials as both the height of Hoffa's perceived invincibility and the beginning of his downfall.
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91.29 USD

Hoffa in Tennessee: The Chattanooga Trial That Brought Down an Icon

by Maury Nicely
Hardback
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This book offers an innovative, comparative approach to the study of women's legal rights during a formative period of Anglo-American history. It traces how colonists transplanted English legal institutions to America, examines the remarkable depth of women's legal knowledge and shows how the law increasingly undermined patriarchal relationships between parents ...
Women Before the Court: Law and Patriarchy in the Anglo-American World, 1600-1800
This book offers an innovative, comparative approach to the study of women's legal rights during a formative period of Anglo-American history. It traces how colonists transplanted English legal institutions to America, examines the remarkable depth of women's legal knowledge and shows how the law increasingly undermined patriarchal relationships between parents and children, masters and servants, husbands and wives. The book will be of interest to scholars of Britain and colonial America, and to laypeople interested in how women in the past navigated and negotiated the structures of authority that governed them. It is packed with fascinating stories that women related to the courts in cases ranging from murder and abuse to debt and estate litigation. Ultimately, it makes a remarkable contribution to our understandings of law, power and gender in the early modern world. -- .
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136.50 USD

Women Before the Court: Law and Patriarchy in the Anglo-American World, 1600-1800

by Lindsay R. Moore
Hardback
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The 2000 presidential race resulted in the highest-profile ballot battle in over a century. But it is far from the only American election determined by a handful of votes and marred by claims of fraud. Since the founding of the nation, violence frequently erupted as the votes were being counted, ...
Ballot Battles: The History of Disputed Elections in the United States
The 2000 presidential race resulted in the highest-profile ballot battle in over a century. But it is far from the only American election determined by a handful of votes and marred by claims of fraud. Since the founding of the nation, violence frequently erupted as the votes were being counted, and more than a few elections produced manifestly unfair results. Despite America's claim to be the world's greatest democracy, its adherence to the basic tenets of democratic elections-the ability to count ballots accurately and fairly even when the stakes are high-has always been shaky. A rigged gubernatorial election in New York in 1792 nearly ended in calls for another revolution, and an 1899 gubernatorial race even resulted in an assassination. Though acts of violence have decreased in frequency over the past century, fairness and accuracy in ballot counting nonetheless remains a basic problem in American political life. In Ballot Battles, Edward Foley presents a sweeping history of election controversies in the United States, tracing how their evolution generated legal precedents that ultimately transformed how we determine who wins and who loses. While weaving a narrative spanning over two centuries, Foley repeatedly returns to an originating event: because the Founding Fathers despised parties and never envisioned the emergence of a party system, they wrote a constitution that did not provide clear solutions for high-stakes and highly-contested elections in which two parties could pool resources against one another. Moreover, in the American political system that actually developed, politicians are beholden to the parties which they represent - and elected officials have typically had an outsized say in determining the outcomes of extremely close elections that involve recounts. This underlying structural problem, more than anything else, explains why intense ballot battles that leave one side feeling aggrieved will continue to occur for the foreseeable future. American democracy has improved dramatically over the last two centuries. But the same cannot be said for the ways in which we determine who wins the very close races. From the founding until today, there has been little progress toward fixing the problem. Indeed, supporters of John Jay in 1792 and opponents of Lyndon Johnson in the 1948 Texas Senate race would find it easy to commiserate with Al Gore after the 2000 election. Ballot Battles is not only the first full chronicle of contested elections in the US. It also provides a powerful explanation of why the American election system has been-and remains-so ineffective at deciding the tightest races in a way that all sides will agree is fair.
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26.200000 USD

Ballot Battles: The History of Disputed Elections in the United States

by Edward Foley, Capuchin
Paperback / softback
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As the author notes, `The early-modern European witch-hunts were neither orchestrated massacres nor spontaneous pogroms. Alleged witches were not rounded up at night and summarily killed extra-judicially or lynched as the victims of mob justice. They were executed after trial and conviction with full legal process'. In this concise but ...
Crimen Exceptum: The English Witch Prosecution in Context
As the author notes, `The early-modern European witch-hunts were neither orchestrated massacres nor spontaneous pogroms. Alleged witches were not rounded up at night and summarily killed extra-judicially or lynched as the victims of mob justice. They were executed after trial and conviction with full legal process'. In this concise but highly-informed account of the persecution of witches, Gregory Durston demonstrates what a largely ordered process was the singling-out or hunting-down of perceived offenders. How a mix of superstition, fear, belief and ready explanations for ailments, misfortune or disasters caused law, politics and religion to indulge in criminalisation and the appearance of justice. Bearing echoes of modern-day `othering' and marginalisation of outsiders he shows how witchcraft became akin to treason (with its special rules), how evidentially speaking storms, sickness or coincidence might be attributed to conjuring, magic, curses and spells. All this reinforced by examples and detailed references to the law and practice through which a desired outcome was achieved. In another resonance with modern-times the author shows how decisions were often diverted into the hands of witch-hunters, witch-finders (including self-appointed Witchfinder General, Matthew Hopkins), witch-prickers and other experts as well as the quaintly titled `cunning-folk' consulted by prosecutors and `victims'. Crimen Exceptum (crimes apart). A straightforward and authoritative guide. Shows the rise and fall of prosecutions. Backed by a wealth of learning and research.
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38.39 USD

Crimen Exceptum: The English Witch Prosecution in Context

by Gregory J. Durston
Paperback / softback
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The social changes and human and economic costs of the Civil War led to profound legal and constitutional developments after it ended, not least of which were the Fourteenth and Fifteenth Amendments and the many laws devised to protect the civil rights of newly freed African Americans. These amendments and ...
Ending the Civil War and Consequences for Congress
The social changes and human and economic costs of the Civil War led to profound legal and constitutional developments after it ended, not least of which were the Fourteenth and Fifteenth Amendments and the many laws devised to protect the civil rights of newly freed African Americans. These amendments and laws worked for a while, but they were ineffective or ineffectively enforced for more than a century. In Ending the Civil War and the Consequences for Congress, contributors explore how the end of the war both continued the trauma of the conflict and enhanced the potential for the new birth of freedom that Lincoln promised in the Gettysburg Address. Collectively, they bring their multidisciplinary expertise to bear on the legal, economic, social, and political aspects of the aftermath of the war and Reconstruction era. The book concludes with the reminder of how the meaning of the war has changed over time. The Civil War is no longer the felt history it once was, Clay Risen reminds us, and despite the work of many fine scholars it remains contested. Contributors: Jenny Bourne, Carole Emberton, Paul Finkelman, Lorien Foote, William E. Nelson, Clay Risen, Anne Sarah Rubin, and Peter Wallenstein
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36.750000 USD

Ending the Civil War and Consequences for Congress

Hardback
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This book explores the treatment of junevile offenders in modern Western history. The last few decades have witnessed major debates over youth justice policies. Juvenile and youth justice legislation has been reviewed in a number of countries. Despite the fact that new perspectives, such as restorative justice, have emerged, the ...
Youth and Justice in Western States, 1815-1950: From Punishment to Welfare
This book explores the treatment of junevile offenders in modern Western history. The last few decades have witnessed major debates over youth justice policies. Juvenile and youth justice legislation has been reviewed in a number of countries. Despite the fact that new perspectives, such as restorative justice, have emerged, the debates have largely focused on issues that bring us back to the inception of juvenile justice: namely whether youth justice ought to be more akin to punitive adult criminal justice, or more sensitive to the welfare of youths. This issue has been at the core of policy choices that have given juvenile justice its orientations since the beginning of the twentieth century. It also gave shape to the evolution that paved the way for the creation of juvenile courts in the nineteenth century. Understanding those early debates is essential if we are to understand current debates, and place them into perspective. Based on primary archival research, this comprehensive study begins by presenting the roots, birth and evolution of juvenile justice, from the nineteenth century up to the beginning of the twenty-first. The second part deals with nineteenth century responses to juvenile delinquency in England and Canada, while the third focuses on the welfare orientation that characterized juvenile courts in the first half of the twentieth century in Switzerland, the Netherlands, Germany and Belgium. Finally, the fourth part focuses on the perspective of the youths and their families in Belgium, France and Canada.
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114.450000 USD

Youth and Justice in Western States, 1815-1950: From Punishment to Welfare

Paperback / softback
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For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the ...
Apex Courts and the Common Law
For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.
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89.250000 USD

Apex Courts and the Common Law

Hardback
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Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the `artificial reason' of law was a complex art form that ...
The Art of Law in Shakespeare
Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the `artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).
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68.25 USD

The Art of Law in Shakespeare

by Paul Raffield
Paperback / softback
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In this magisterial work, Joseph O'Callaghan offers a detailed account of the establishment of Alfonso X's legal code, the Libro de las leyes or Siete Partidas, and its applications in the daily life of thirteenth-century Iberia, both within and far beyond the royal courts. O'Callaghan argues that Alfonso X, el ...
Alfonso X, the Justinian of His Age: Law and Justice in Thirteenth-Century Castile
In this magisterial work, Joseph O'Callaghan offers a detailed account of the establishment of Alfonso X's legal code, the Libro de las leyes or Siete Partidas, and its applications in the daily life of thirteenth-century Iberia, both within and far beyond the royal courts. O'Callaghan argues that Alfonso X, el Sabio (the Wise), was the Justinian of his age, one of the truly great legal minds of human history. Alfonso X, the Justinian of His Age highlights the struggles the king faced in creating a new, coherent, inclusive, and all-embracing body of law during his reign, O'Callaghan also considers Alfonso X's own understanding of his role as king, lawgiver, and defender of the faith in order to evaluate the impact of his achievement on the administration of justice. Indeed, such was the power and authority of the Alfonsine code that it proved the king's downfall when his son invoked it to challenge his rule. Throughout this soaring legal and historical biography, O'Callaghan reminds us of the long-term impacts of Alfonso X's legal works, not just on Castilian (and later, Iberian) life, but on the administration of justice across the world.
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52.450000 USD

Alfonso X, the Justinian of His Age: Law and Justice in Thirteenth-Century Castile

by Joseph F. O'Callaghan
Hardback
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Historians of the English legal profession have written comparatively little about the lawyers who served in the courts of the Church. This volume fills a gap; it investigates the law by which they were governed and discusses their careers in legal practice. Using sources drawn from the Roman and canon ...
Law and Christianity: The Profession of Ecclesiastical Lawyers: An Historical Introduction
Historians of the English legal profession have written comparatively little about the lawyers who served in the courts of the Church. This volume fills a gap; it investigates the law by which they were governed and discusses their careers in legal practice. Using sources drawn from the Roman and canon laws and also from manuscripts found in local archives, R. H. Helmholz brings together previously published work and new evidence about the professional careers of these men. His book covers the careers of many lesser known ecclesiastical lawyers, dealing with their education in law, their reaction to the coming of the Reformation, and their relationship with English common lawyers on the eve of the Civil War. Making connections with the European ius commune, this volume will be of special interest to English and Continental legal historians, as well as to students of the relationship between law and religion.
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115.500000 USD

Law and Christianity: The Profession of Ecclesiastical Lawyers: An Historical Introduction

by R. H. Helmholz
Hardback
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Oliver Wendell Holmes twice escaped death as a young Union officer in the Civil War when musket balls missed his heart and spinal cord by a fraction of an inch at the Battles of Ball's Bluff and Antietam. He lived ever after with unwavering moral courage, unremitting scorn for dogma, ...
Oliver Wendell Holmes: A Life in War, Law, and Ideas
Oliver Wendell Holmes twice escaped death as a young Union officer in the Civil War when musket balls missed his heart and spinal cord by a fraction of an inch at the Battles of Ball's Bluff and Antietam. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. Named to the Supreme Court by Theodore Roosevelt at age sixty-one, he served for nearly three decades, writing a series of famous, eloquent, and often dissenting opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court's reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law by showing how the law always evolved to meet the changing needs of society. As an enthusiastic friend and indefatigable correspondent, he wrote thousands of personal letters brimming with humorous philosophical insights, trenchant comments on the current scene, and an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky's definitive biography offers the fullest portrait yet of this pivotal American figure, whose zest for life, wit, and intellect left a profound legacy in law and Constitutional rights, and who was an inspiring example of how to lead a meaningful life in a world of uncertainty and upheaval.
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31.450000 USD

Oliver Wendell Holmes: A Life in War, Law, and Ideas

by Stephen Budiansky
Hardback
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Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism ...
Law in Context: A History of Australian Tort Law 1901-1945: England's Obedient Servant?
Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law.
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37.790000 USD

Law in Context: A History of Australian Tort Law 1901-1945: England's Obedient Servant?

by Mark Lunney
Paperback / softback
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This book is vital reading for everyone involved in Aboriginal law or title, for legal historians and scholars, and for anyone interested in Indigenous rights in Canada.
Flawed Precedent: The St. Catherine's Case and Aboriginal Title
This book is vital reading for everyone involved in Aboriginal law or title, for legal historians and scholars, and for anyone interested in Indigenous rights in Canada.
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44.35 USD

Flawed Precedent: The St. Catherine's Case and Aboriginal Title

by Kent McNeil
Paperback / softback
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NEW YORK TIMES BESTSELLER - The intimate, inspiring, and authoritative biography of Sandra Day O'Connor, America's first female Supreme Court justice, drawing on exclusive interviews and first-time access to Justice O'Connor's archives--by the New York Times bestselling author Evan Thomas. She's a hero for our time, and this is the ...
First: Sandra Day O'Connor
NEW YORK TIMES BESTSELLER - The intimate, inspiring, and authoritative biography of Sandra Day O'Connor, America's first female Supreme Court justice, drawing on exclusive interviews and first-time access to Justice O'Connor's archives--by the New York Times bestselling author Evan Thomas. She's a hero for our time, and this is the biography for our time. --Walter Isaacson She was born in 1930 in El Paso and grew up on a cattle ranch in Arizona. At a time when women were expected to be homemakers, she set her sights on Stanford University. When she graduated near the top of her law school class in 1952, no firm would even interview her. But Sandra Day O'Connor's story is that of a woman who repeatedly shattered glass ceilings--doing so with a blend of grace, wisdom, humor, understatement, and cowgirl toughness. She became the first ever female majority leader of a state senate. As a judge on the Arizona Court of Appeals, she stood up to corrupt lawyers and humanized the law. When she arrived at the United States Supreme Court, appointed by President Ronald Reagan in 1981, she began a quarter-century tenure on the Court, hearing cases that ultimately shaped American law. Diagnosed with cancer at fifty-eight, and caring for a husband with Alzheimer's, O'Connor endured every difficulty with grit and poise. Women and men who want to be leaders and be first in their own lives--who want to learn when to walk away and when to stand their ground--will be inspired by O'Connor's example. This is a remarkably vivid and personal portrait of a woman who loved her family, who believed in serving her country, and who, when she became the most powerful woman in America, built a bridge forward for all women. Praise for First Cinematic . . . poignant . . . illuminating and eminently readable . . . First gives us a real sense of Sandra Day O'Connor the human being. . . . Thomas gives O'Connor the credit she deserves. --The Washington Post [A] fascinating and revelatory biography . . . a richly detailed picture of [O'Connor's] personal and professional life . . . Evan Thomas's book is not just a biography of a remarkable woman, but an elegy for a worldview that, in law as well as politics, has disappeared from the nation's main stages. --The New York Times Book Review
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35.700000 USD

First: Sandra Day O'Connor

by Evan Thomas
Paperback / softback
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How the rise of the car, the symbol of American personal freedom, inadvertently led to ever more intrusive policing-with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long ...
Policing the Open Road: How Cars Transformed American Freedom
How the rise of the car, the symbol of American personal freedom, inadvertently led to ever more intrusive policing-with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept-and expect-pervasive police power. As Policing the Open Road makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But with more and more drivers behind the wheel, police departments rapidly expanded their forces and increased officers' authority to stop citizens who violated traffic laws. The Fourth Amendment-the constitutional protection against unreasonable searches and seizures-did not effectively shield individuals from government intrusion while driving. Instead, jurists interpreted the amendment narrowly. In a society dependent on cars, everyone-the law-breaking and law-abiding alike-would be subject to discretionary policing. Seo overturns prevailing interpretations of the Warren Court's due process revolution. The justices' efforts to protect Americans did more to accommodate than to limit police intervention, and the new criminal procedures inadvertently sanctioned discrimination by officers of the law. Constitutional challenges to traffic stops largely failed, and motorists driving while black had little recourse to question police demands. Seo shows how procedures designed to safeguard us on the road ultimately undermined the nation's commitment to equal protection before the law.
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30.400000 USD

Policing the Open Road: How Cars Transformed American Freedom

by Sarah A Seo
Hardback
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In eighteenth-century England, the institution of marriage became the subject of heated debates, as clerics, jurists, legislators, philosophers, and social observers began rethinking its contractual foundation. Public Vows argues that these debates shaped English fiction in crucial and previously unrecognized ways and that novels played a central role in the ...
Public Vows: Fictions of Marriage in the English Enlightenment
In eighteenth-century England, the institution of marriage became the subject of heated debates, as clerics, jurists, legislators, philosophers, and social observers began rethinking its contractual foundation. Public Vows argues that these debates shaped English fiction in crucial and previously unrecognized ways and that novels played a central role in the debates. Like many legal and social thinkers of their day, novelists such as Daniel Defoe, Samuel Richardson, Frances Burney, Eliza Fenwick, and Amelia Opie imagine marriage as a public institution subject to regulation by church and state rather than a private agreement between two free individuals. Through recurring scenes of infidelity, fraud, and coercion as well as experiments with narrative form, these writers show the practical and ethical problems that result when couples attempt to establish and dissolve unions simply by exchanging consent. Even as novelists seek to shore up the state's control over marriage, however, they contest the specific forms that its regulations take. In recovering novelists' engagements with the nuptial controversies of the Enlightenment, Public Vows challenges traditional readings of domestic fiction as contributing to sharp divisions between public and private life. At the same time, the book counters received views of law and literature, highlighting fiction's often simultaneous affirmations and critiques of legal authority.
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47.250000 USD

Public Vows: Fictions of Marriage in the English Enlightenment

by Melissa J. Ganz
Hardback
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Is it just words when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it just words when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how ...
Just Words: Law, Language, and Power, Third Edition
Is it just words when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it just words when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or multimodal, communication in legal settings and law, language, and race.
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31.500000 USD

Just Words: Law, Language, and Power, Third Edition

by Robin Conley Riner, William M O'Barr, John M. Conley
Paperback / softback
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The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been ...
The 'Ecosystem Approach' in International Environmental Law: Genealogy and Biopolitics
The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a `new paradigm' of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.
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136.500000 USD

The 'Ecosystem Approach' in International Environmental Law: Genealogy and Biopolitics

by Vito De Lucia
Hardback
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The civil rights era was a time of pervasive change in American political and social life. Among the decisive forces driving change were lawyers, who wielded the power of law to resolve competing concepts of order and equality and, in the end, to hold out the promise of a new ...
The Search for Justice: Lawyers in the Civil Rights Revolution, 1950-1975
The civil rights era was a time of pervasive change in American political and social life. Among the decisive forces driving change were lawyers, who wielded the power of law to resolve competing concepts of order and equality and, in the end, to hold out the promise of a new and better nation. The Search for Justice is a look the role of the lawyers throughout the period, focusing on one of the central issues of the time: school segregation. The most notable participants to address this issue were the public interest lawyers of the NAACP's Legal Defense Fund, whose counselors brought lawsuits and carried out appeals in state and federal courts over the course of twenty years. But also playing a part in the story were members of the bar who defended Jim Crow laws explicitly or implicitly and, in some cases, also served in state or federal government; lawyers who sat on state and federal benches and heard civil rights cases; and, finally, law professors who analyzed the reasoning of the courts in classrooms and public forums removed from the fray. With rich, copiously researched detail, Hoffer takes readers through the interactions of these groups, setting their activities not only in the context of the civil rights movement but also of their full political and legal legacies, including the growth of corporate private legal practice after World War II and the expansion of the role of law professors in public discourse, particularly with the New Deal. Seeing the civil rights era through the lens of law enables us to understand for the first time the many ways in which lawyers affected the course and outcome of the movement.
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86.620000 USD

The Search for Justice: Lawyers in the Civil Rights Revolution, 1950-1975

by Peter Charles Hoffer
Hardback
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The Moral Witness is the first cultural history of the witness to genocide in the West. Carolyn J. Dean shows how the witness became a protagonist of twentieth-century moral culture by tracing the emergence of this figure in courtroom battles from the 1920s to the 1960s-covering the Armenian genocide, the ...
The Moral Witness: Trials and Testimony after Genocide
The Moral Witness is the first cultural history of the witness to genocide in the West. Carolyn J. Dean shows how the witness became a protagonist of twentieth-century moral culture by tracing the emergence of this figure in courtroom battles from the 1920s to the 1960s-covering the Armenian genocide, the Ukrainian pogroms, the Soviet Gulag, and the trial of Adolf Eichmann. In these trials, witness testimonies differentiated the crime of genocide from war crimes and began to form our understanding of modern political and cultural murder. By the turn of the twentieth century, the witness to genocide became a pervasive icon of suffering humanity and a symbol of western moral conscience. Dean sheds new light on the recent global focus on survivors' trauma. Only by placing the moral witness in a longer historical trajectory, she demonstrates, can we understand how the stories we tell about survivor testimony have shaped both our past and contemporary moral culture.
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99.750000 USD

The Moral Witness: Trials and Testimony after Genocide

by Carolyn J. Dean
Hardback
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