Amerika'nın pekan cevizli turtası kadar hukuk çalışmaları da güzel. bu sene çıkan ve OLAYLAR OLAYLAR dedirten 3 kitap şöyle müsait olduğunuzda en azından arka kapaklarını okuyun
türkiyede hukuk çalışmaları neredeyse yok, vakalar adliye cerideleri bunlar küçük bir cemaatin hafızasında kalmış, memlekette tek bir sosyalbilimci yok. bildiğim tek kitap soyadıyla beyinlere kazanan Ayşegül Sabuktay'ın sususrluk kitabı http://www.metiskitap.com/Metis/Catalog/Book/4763
en alttaki en iyisi inanılmaz oha
Paul D. Halliday's Habeas Corpus: From England to Empire (Harvard UP, 2012)
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device.
In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"—these are modern idioms—but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law.
Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantánamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Edward White's Law in American History: Volume 1: From the Colonial Years Through the Civil War (Oxford UP)
Justin Crowe's Building the Judiciary: Law, Courts, and the Politics of Institutional Development (Princeton UP)
How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions.
Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
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