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The Muslim conquest of the East in the seventh century entailed the subjugation of Christians, Jews, Zoroastrians and others. Although much has been written about the status of non-Muslims in the Islamic empire, no previous works have examined how the rules applying to minorities were formulated. Milka Levy-Rubin's remarkable book traces the emergence of these regulations from the first surrender agreements in the immediate aftermath of conquest to the formation of the canonic document called the Pact of 'Umar, which was formalized under the early 'Abbasids, in the first half of the ninth century. The study reveals that the conquered peoples themselves played a major role in the creation of these policies and that they were based on long-standing traditions, customs and institutions from earlier pre-Islamic cultures that originated in the worlds of both the conquerors and the conquered. In its connections to Roman, Byzantine and Sasanian traditions, the book will appeal to historians of Europe as well as Arabia and Persia.

The Ideas of Man and Woman in Renaissance France provides the first comprehensive comparison of the printed debates in the 1500s over the superiority or inferiority of woman - the Querelle des femmes - and the dignity and misery of man. Analysing these writings side by side, Lyndan Warner reveals the extent to which Renaissance authors borrowed commonplaces from both traditions as they praised or blamed man or woman and habitually considered opposite and contrary points of view. In the law courts reflections on the virtues and vices of man and woman had a practical application-to win cases-and as Warner demonstrates, Parisian lawyers employed this developing rhetoric in family disputes over inheritance and marriage, and amplified it in the published versions of their pleadings. Tracing these ideas and modes of thinking from the writer's quill to the workshops and boutiques of printers and booksellers, Warner uses probate inventories to follow the books to the households of their potential male and female readers. Warner reveals the shifts in printed discussions of human nature from the 1500s to the early 1600s and shows how booksellers adapted the ways they marketed and sold new genres such as essays and lawyers' pleadings.

When, inObergefell v. Hodges, the US Supreme Court held that bans on same-sex marriage violate the Constitution, Christian conservative legal organizations (CCLOs) decried the ruling. Foreseeing an \"assault against Christians,\" Liberty Counsel president Mat Staver declared, \"We are entering a cultural civil war.\" Many would argue that a cultural war was already well underway; and yet, as this timely book makes clear, the stakes, the forces engaged, and the strategies employed have undergone profound changes in recent years.InDefending Faith, Daniel Bennett shows how the Christian legal movement (CLM) and its affiliated organizations arrived at this moment in time. He explains how CCLOs advocate for issues central to Christian conservatives, highlights the influence of religious liberty on the CLM's broader agenda, and reveals how the Christian Right has become accustomed to the courts as a field of battle in today's culture wars. On one level a book about how the Christian Right mobilized and organized an effective presence on an unavoidable front in battles over social policy, the courtroom,Defending Faithis also a case study of interest groups pursuing common goals while maintaining unique identities. As different as these proliferating groups might be, they are alike in increasingly construing their efforts as a defense of religious freedom against hostile forces throughout American society-and thus as benefitting society as a whole rather than limiting the rights of certain groups. The first holistic, wide-angle picture of the Christian legal movement in the United States, Bennett's work tells the story of the growth of a powerful legal community and of the development of legal advocacy as a tool of social and political engagement.

The democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made? Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably produced just results as often as modern legal systems do. Comprehensive and wide-ranging, Democratic Law in Classical Athens offers a new perspective for viewing a legal system that was democratic in a way only the Athenians could achieve.

Perhaps the truest test of a nation's ability govern itself democratically is its ability to count ballots fairly and accurately in competitive, high-stakes elections. Yet from the founding on, America's adherence to this ideal has been distinctly uneven. Edward Foley's Ballot Battles is a sweeping synthesis of the subject, tracing how election controversies evolved over time, from the 1780s to the present.

The diversity of women's lives as wives then as widows negotiating the law, patriarchy, family relationships, and the economy in 19th-century Montreal come alive in this first major study of widows in Canada.

InBecoming American under Fire, Christian G. Samito provides a rich account of how African American and Irish American soldiers influenced the modern vision of national citizenship that developed during the Civil War era. By bearing arms for the Union, African Americans and Irish Americans exhibited their loyalty to the United States and their capacity to act as citizens; they strengthened their American identity in the process. Members of both groups also helped to redefine the legal meaning and political practices of American citizenship. For African American soldiers, proving manhood in combat was only one aspect to their quest for acceptance as citizens. As Samito reveals, by participating in courts-martial and protesting against unequal treatment, African Americans gained access to legal and political processes from which they had previously been excluded. The experience of African Americans in the military helped shape a postwar political movement that successfully called for rights and protections regardless of race. For Irish Americans, soldiering in the Civil War was part of a larger affirmation of republican government and it forged a bond between their American citizenship and their Irish nationalism. The wartime experiences of Irish Americans helped bring about recognition of their full citizenship through naturalization and also caused the United States to pressure Britain to abandon its centuries-old policy of refusing to recognize the naturalization of British subjects abroad. As Samito makes clear, the experiences of African Americans and Irish Americans differed substantially-and at times both groups even found themselves violently opposed-but they had in common that they aspired to full citizenship and inclusion in the American polity. Both communities were key participants in the fight to expand the definition of citizenship that became enshrined in constitutional amendments and legislation that changed the nation.

Many leading historians have argued that the Constitution of the United States was a proslavery document. But this book refutes this claim in a landmark history that stretches from the Continental Congress to the Presidency of Abraham Lincoln. The book shows that the Constitution itself was more or less neutral on the issue of slavery and that, in the antebellum period, the idea that the Constitution protected slavery was hotly debated (many Northerners would concede only that slavery was protected by state law, not by federal law). Nevertheless, it also reveals that US policy abroad and in the territories was consistently proslavery. The book makes clear why Lincoln's election was such a shock to the South and shows how Lincoln's approach to emancipation, which seems exceedingly cautious by modern standards, quickly evolved into a “Republican revolution” that ended the anomaly of the United States as a “slaveholding republic”.

Explaining the curious legal doctrine of \"coverture,\" William Blackstone famously declared that \"by marriage, husband and wife are one person at law.\" This \"covering\" of a wife's legal identity by her husband meant that the greatest subordination of women to men developed within marriage. In England and its colonies, generations of judges, legislators, and husbands invoked coverture to limit married women's rights and property, but there was no monolithic concept of coverture and their justifications shifted to fit changing times: Were husband and wife lord and subject? Master and servant? Guardian and ward? Or one person at law? The essays in Married Women and the Law offer new insights into the legal effects of marriage for women from medieval to modern times. Focusing on the years prior to the passage of the Divorce Acts and Married Women's Property Acts in the late nineteenth century, contributors examine a variety of jurisdictions in the common law world, from civil courts to ecclesiastical and criminal courts. By bringing together studies of several common law jurisdictions over a span of centuries, they show how similar legal rules persisted and developed in different environments. This volume reveals not only legal changes and the women who creatively used or subverted coverture, but also astonishing continuities. Accessibly written and coherently presented, Married Women and the Law is an important look at the persistence of one of the longest lived ideas in British legal history. Contributors include Sara M. Butler (Loyola), Marisha Caswell (Queen’s), Mary Beth Combs (Fordham), Angela Fernandez (Toronto), Margaret Hunt (Amherst), Kim Kippen (Toronto), Natasha Korda (Wesleyan), Lindsay Moore (Boston), Barbara J. Todd (Toronto), and Danaya C. Wright (Florida).

From his early years as a small-town lawyer through his rise to the presidency, Abraham Lincoln respected the rule of law.Secession and the Civil War, however, led him to expand presidential power in ways that, over time, transformed American society.