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Habeas Corpus (Law)
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Habeas Corpus
ISBN: 9780190918989
Series: A Very Short Introduction
Habeas Corpus (Law)
A Very Short Introduction Habeas Corpus (Law) Media > Books > Non-Fiction > Education Books Expect Delays of Up to 4 Weeks
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ISBN
9780190918989 (10-digit ISBN: 0190918985)
- Description
- Key Features
- Series Description
- Table of Contents
- Offers a concise history of the history of habeas corpus in western law
- Discusses ongoing debates surrounding the grant and suspension of habeas corpus
- Explores major historical episodes such as World War II internment and the War on Terror
- Written in clear prose for a general audience
Legal scholar Amanda L. Tyler discusses the history and future of habeas corpus in America and around the world.
The concept of habeas corpus-literally, to receive and hold the body-empowers courts to protect the right of prisoners to know the basis on which they are being held by the government and grant prisoners their freedom when they are held unlawfully. It is no wonder that habeas corpus has long been considered essential to freedom.
For nearly eight hundred years, the writ of habeas corpus has limited the executive in the Anglo-American legal tradition from imprisoning citizens and subjects with impunity. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone declared the writ a "bulwark" of personal liberty. Across the Atlantic, in the leadup to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society.
This Very Short Introduction chronicles the storied writ of habeas corpus and how its common law and statutory origins spread from England throughout the British Empire and beyond, witnessing its use today around the world in nations as varied as Canada, Israel, India, and South Korea. Beginning with the English origins of the writ, the book traces its historical development both as a part of the common law and as a parliamentary creation born out of the English Habeas Corpus Act of 1679, a statute that so dramatically limited the executive's power to detain that Blackstone called it no less than a "second Magna Carta."
The book then takes the story forward to explore how the writ has functioned in the centuries since, including its controversial suspension by President Abraham Lincoln during the Civil War. It also analyzes the major role habeas corpus has played in such issues as the World War II incarceration of Japanese Americans and the US Supreme Court's recognition during the War on Terror of the concept of a "citizen enemy combatant." Looking ahead the story told in these pages reveals the immense challenges that the habeas privilege faces today and suggests that in confronting them, we would do well to remember how the habeas privilege brought even the king of England to his knees before the law.
Oxford's Very Short Introductions series offers concise and original introductions to a wide range of subjects--from Islam to Sociology, Politics to Classics, Literary Theory to History, and Archaeology to the Bible.
Not simply a textbook of definitions, each volume in this series provides trenchant and provocative--yet always balanced and complete--discussions of the central issues in a given discipline or field. Every Very Short Introduction gives a readable evolution of the subject in question, demonstrating how the subject has developed and how it has influenced society. Eventually, the series will encompass every major academic discipline, offering all students an accessible and abundant reference library.
Whatever the area of study that one deems important or appealing, whatever the topic that fascinates the general reader, the Very Short Introductions series has a handy and affordable guide that will likely prove indispensable.
Please note: As this series is not ELT material, these titles are not subject to discount.
Introduction
1: The English origins
2: The limits and potential of habeas corpus
3: Revolution
4: Habeas corpus comes to America
5: Habeas corpus in the early United States
6: Civil War and suspension
7: Reconstruction and expansion of the writ
8: World War II and the demise of the Great Writ
9: Habeas corpus today
Conclusion
References
Further reading
Legal scholar Amanda L. Tyler discusses the history and future of habeas corpus in America and around the world.
The concept of habeas corpus-literally, to receive and hold the body-empowers courts to protect the right of prisoners to know the basis on which they are being held by the government and grant prisoners their freedom when they are held unlawfully. It is no wonder that habeas corpus has long been considered essential to freedom.
For nearly eight hundred years, the writ of habeas corpus has limited the executive in the Anglo-American legal tradition from imprisoning citizens and subjects with impunity. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone declared the writ a "bulwark" of personal liberty. Across the Atlantic, in the leadup to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society.
This Very Short Introduction chronicles the storied writ of habeas corpus and how its common law and statutory origins spread from England throughout the British Empire and beyond, witnessing its use today around the world in nations as varied as Canada, Israel, India, and South Korea. Beginning with the English origins of the writ, the book traces its historical development both as a part of the common law and as a parliamentary creation born out of the English Habeas Corpus Act of 1679, a statute that so dramatically limited the executive's power to detain that Blackstone called it no less than a "second Magna Carta."
The book then takes the story forward to explore how the writ has functioned in the centuries since, including its controversial suspension by President Abraham Lincoln during the Civil War. It also analyzes the major role habeas corpus has played in such issues as the World War II incarceration of Japanese Americans and the US Supreme Court's recognition during the War on Terror of the concept of a "citizen enemy combatant." Looking ahead the story told in these pages reveals the immense challenges that the habeas privilege faces today and suggests that in confronting them, we would do well to remember how the habeas privilege brought even the king of England to his knees before the law.
Key Features
- Offers a concise history of the history of habeas corpus in western law
- Discusses ongoing debates surrounding the grant and suspension of habeas corpus
- Explores major historical episodes such as World War II internment and the War on Terror
- Written in clear prose for a general audience
Series Description
Oxford's Very Short Introductions series offers concise and original introductions to a wide range of subjects--from Islam to Sociology, Politics to Classics, Literary Theory to History, and Archaeology to the Bible.
Not simply a textbook of definitions, each volume in this series provides trenchant and provocative--yet always balanced and complete--discussions of the central issues in a given discipline or field. Every Very Short Introduction gives a readable evolution of the subject in question, demonstrating how the subject has developed and how it has influenced society. Eventually, the series will encompass every major academic discipline, offering all students an accessible and abundant reference library.
Whatever the area of study that one deems important or appealing, whatever the topic that fascinates the general reader, the Very Short Introductions series has a handy and affordable guide that will likely prove indispensable.
Please note: As this series is not ELT material, these titles are not subject to discount.
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