An Open Letters Monthly Best Nonfiction Book of the Year

America’s criminal justice system is broken. The United States punishes at a higher per capita rate than any other country in the world. In the last twenty years, incarceration rates have risen 500 percent. Sentences are harsh, prisons are overcrowded, life inside is dangerous, and rehabilitation programs are ineffective. Looking not only to court records but to works of philosophy, history, and literature for illumination, Robert Ferguson, a distinguished law professor, diagnoses all parts of a now massive, out-of-control punishment regime.

“If I had won the $400 million Powerball lottery last week I swear I would have ordered a copy for every member of Congress, every judge in America, every prosecutor, and every state prison official and lawmaker who controls the life of even one of the millions of inmates who exist today, many in inhumane and deplorable conditions, in our nation’s prisons.”
—Andrew Cohen, The Atlantic

“Inferno is a passionate, wide-ranging effort to understand and challenge…our heavy reliance on imprisonment. It is an important book, especially for those (like me) who are inclined towards avoidance and tragic complacency…[Ferguson’s] book is too balanced and thoughtful to be disregarded.”
—Robert F. Nagel, Weekly Standard

Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices.

The central question—can life sentences be just?—is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers—states that have no life imprisonment—to highlight the possibility of abolishing life sentences entirely.

Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.

Theft claims more victims and causes greater economic injury than any other criminal offense. Yet theft law is enigmatic, and fundamental questions about what should count as stealing remain unresolved—especially misappropriations of intellectual property, information, ideas, identities, and virtual property.

In Thirteen Ways to Steal a Bicycle, Stuart Green assesses our current legal framework at a time when our economy increasingly commodifies intangibles and when the means of committing theft and fraud grow ever more sophisticated. Was it theft for the editor of a technology blog to buy a prototype iPhone he allegedly knew had been lost by an Apple engineer in a Silicon Valley bar? Was it theft for doctors to use a patient’s tissue without permission in order to harvest a valuable cell line? For an Internet activist to publish tens of thousands of State Department documents on his Web site?

In this full-scale critique, Green reveals that the last major reforms in Anglophone theft law, which took place almost fifty years ago, flattened moral distinctions, so that the same punishments are now assigned to vastly different offenses. Unreflective of community attitudes toward theft, which favor gradations in blameworthiness according to what is stolen and under what circumstances, and uninfluenced by advancements in criminal law theory, theft law cries out for another reformation—and soon.

The prestigious Praemium Erasmianum 2009 was awarded to Benjamin Ferencz and Antonio Cassese, who embody the history of international criminal law from Nuremberg to The Hague. The Prosecutor and the Judge is a meeting with these two remarkable men through in depth interviews by Heikelina Verrijn Stuart and Marlise Simons about their work and ideas, about the war crimes trials, human cruelty, the self-interest of states; about remorse in the courtroom, about restitution and compensation for victims and about the strength and the limitations of the international courts.

Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void.

Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control.

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.

The story of how a much-contested legal category—statelessness—transformed the international legal order and redefined the relationship between states and their citizens.

Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond.

In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations.

Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.

The Islamic school of law, or madhhab, is a concept on which a substantial amount has been written but of which there is still little understanding, and even less consensus. This collection of selected papers from the III International Conference on Islamic Legal Studies, held in May 2000 at the Harvard Law School, offers building blocks toward the entire edifice of understanding the complex development of the madhhab, a development that even in the contemporary dissolution of madhhab lines and grouping continues to fascinate. As scholars look to the construction of a new Islamic legal history, these essays inform on the background to madhhab formation, on inter-madhhab polemics and the drive toward legal authority, on madhhab perpetuation and anti-madhhab tendencies, on the constitutional role of the madhhab, on the madhhab's legislative and adjudicative mechanisms, and on the significance of the madhhab in comparative terms. This volume is of value to anyone interested in the nature of Islamic law.

The Hanafi school of law is one of the oldest legal schools of Islam, coming into existence in the eighth century in Iraq, and surviving up to the present. So closely is the early development of the Hanafi school interwoven with non-legal spheres, such as the political, social, and theological, that the study of it is essential to a proper understanding of medieval Islamic history. Using rich material drawn mainly from medieval Islamic biographical dictionaries, Nurit Tsafrir offers a thorough examination of the first century and a half of the school's existence, the period during which it took shape. She provides a detailed account of the process by which the school attracted ever more followers and spread over vast geographical areas in the Islamic world empire.

The Muwaṭṭaʾ, written in the eighth century CE by Mālik b. Anas—known as the Imam of Medina—is the first written treatise of Islamic law. The Prophet Muḥammad and his earliest followers immigrated to the city of Medina after they experienced severe persecution in their hometown of Mecca, establishing the first Muslim community in Medina. As the Muslim community rapidly expanded, Medina lost some of its political importance, but retained its position as the leading Muslim center of learning for over one hundred years after the Prophet Muḥammad’s death. Imam Mālik’s Muwaṭṭaʾ provides an unparalleled window into the life of this early Muslim community, and the rituals, laws, and customs they upheld.

This translation is based on the recently published critical edition of the Muwaṭṭaʾ, The Royal Moroccan Edition (2013). With its extensive notes, this edition is intended to make this important early legal text widely accessible to a broad spectrum of readers, including those interested in both legal history and Islamic Studies.

This book is a study of the historical record of Muslim women's property rights and equity. Based on Islamic court documents of fifteenth-century Granada--documents that show a high degree of women's involvement--the book examines women's legal entitlements to acquire property as well as the social and economic significance of these rights to Granada's female population and, by extension, to women in other Islamic societies.

The microhistory of women's property rights is placed in a comparative historical, social, and economic context and is examined using a theoretical framework that suggests how this book's conclusions might coexist with the Islamic feminist discourse on the law as a patriarchal system, serving to highlight both the uniqueness and the limitations of the Islamic case. The specifics presented in the case studies reveal the broader structures, constructs, rules, conditions, factors, and paradigms that shaped women's property rights under Islamic law. They show that women's property rights were more than just part of a legal system; they were the product of a legal philosophy and a pervasive paradigm that made property ownership a normal construct of the Muslim woman's legal persona and a norm of her existence.

What did it mean to be a wife, woman, or slave in a society in which a land-owning woman was forbidden to lay with her male slave but the same slave might be allowed to take concubines? Jurists of the nascent Maliki, Hanafi, and Shafi‘i legal schools frequently compared marriage to purchase and divorce to manumission. Juggling scripture, precedent, and custom on one hand, and the requirements of logical consistency on the other, legal scholars engaged in vigorous debate. The emerging consensus demonstrated a self-perpetuating analogy between a husband’s status as master and a wife’s as slave, even as jurists insisted on the dignity of free women and, increasingly, the masculine rights of enslaved husbands.

Marriage and Slavery in Early Islam presents the first systematic analysis of how these jurists conceptualized marriage—its rights and obligations—using the same rhetoric of ownership used to describe slavery. Kecia Ali explores parallels between marriage and concubinage that legitimized sex and legitimated offspring using eighth- through tenth-century legal texts. As the jurists discussed claims spouses could make on each other—including dower, sex, obedience, and companionship–they returned repeatedly to issues of legal status: wife and concubine, slave and free, male and female.

Complementing the growing body of scholarship on Islamic marital and family law, Ali boldly contributes to the ongoing debates over feminism, sexuality, and reform in Islam.

While western-derived legal codes have superseded Islamic law in many parts of the Muslim world, Islamic, Koran-based law still retains its force in the area of marriage and family relations, the area that is key to the status of women. This work makes available for the first time in English three compilations of responses to questions about family law given by two prominent Muslim jurists of the ninth century (third century of Islam)—Ahmad b. Hanbal, the eponymous founder of the Hanbali rite of Sunni Islam (the one dominant in Saudi Arabia), and Ishaq b. Rahwayh. These compilations are basic sources for the study of the development of legal thinking in Islam.

The introduction to the translation locates the compilations in a historical context and elucidates how the various issues of family law are treated. An appendix contains a collation of the significant variants among the manuscripts and printed versions of the Arabic texts. The volume concludes with a topical index and an index of names.

It is often said that marriage in Islamic law is a civil contract, not a sacrament. If this is so, this means that the marriage contract is largely governed by the same rules as other contracts, such as sale or hire. But at the same time marriage is a profound concern of the Islamic scriptures of Qur’an and Sunna, and thus at the very core of the law and morality of Islam and of the individual, familial, and social life of Muslims. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances (e.g., legal advice from thirteenth-century Spain); comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide.

Demonstrating a new and powerful focus for comparative and historical inquiries into Islamic law and social practices, this book marks a fresh point of departure for the study of Muslim women.

Islam’s tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, Ron Shaham here examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present.

Shaham begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, he focuses on the case of Egypt, tracing the country’s reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, Shaham draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, The Expert Witness in Islamic Courts will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.

Peter Linehan (+2020) followed his survey of original papal letters in Portugal, Portugalia pontifica 1198-1417 (2013) with the present volume, España Pontifica, that covers papal letters to Spanish recipients from Pope Innocent II (1198-1216) to Pope Boniface VIII (+1303). This volume will provide students of the medieval papacy and the Spanish church with an invaluable research tool to explore the relationship between Rome and Spain during the crucial period of the Spanish Reconquistà after the battles of Navas de Tolosa (1212) to the capture of Seville (1248). Linehan spent his career cataloguing papal letters from more than sixty Spanish repositories. For the past sixty years the Vatican has also been engaged in publishing surveys of original papal letters preserved from various European archives. However, this volume includes material that has not been included in these surveys.

This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234.

An updated and expanded version of the original edition, published in 1998. That original edition went up through 1245. This new version extends to 1317 and adds two important prefaces. Praise for the First Edition “Both students and specialists can be grateful to the authors for this major contribution in English to the study of medieval canon law. It is a clear statement--one emphasized by the late John Gilchrist-that because of its critical importance in medieval life and culture canon law should not remain the obscure domain of specialists, but should be shared with students and non-specialists alike.” – The American Journal of Legal History “[A] learned and useful book, which for the first time assembles a body of canonistic prefaces, presents them in an accessible form, and provides students of medieval canonical thought with a valuable new resource for study and teaching.” – The Catholic Historical Review “This volume is an important and welcome addition to a field of studies where translations into English are few and far between. The breadth of the works selected, the quality of the translations, and the attention to detail that has long characterized the work of both editors make this a valuable resource for specialist and student alike.” – Church History “A welcome combination: a text that is informative for students and professionals alike. The translations succeed in rendering accessible to a general audience some otherwise highly inaccessible material. Somerville and Brasington are to be greatly commended for undertaking this very original enterprise and bringing it to successful parturition.” – Journal of Law and Religion “Somerville and Brasington have chosen to let their compilers and commentators speak for themselves. In doing so, they have had to wrestle with often obscure Latin and frequently less than satisfactory editions. That they succeed in making these texts intelligible through translation and annotation is no small feat.” – Sixteenth Century Journal “This is a significant, elegantly presented contribution to the field of theology, cultural history, and canon law.” – Theological Studies

<div>Canon law is an unavoidable theme for medieval historians. It intersects with every aspect of medieval life and society, and at one point or another, every medievalist works on the law. In this book, Kriston Rennie looks at the early medieval origins and development of canon law though a social history framework, with a view to making sense of a rich and complex legal system and culture, and an equally rich scholarly tradition.</div><div>It was in the early Middle Ages that the ancient traditions, norms, customs, and rationale of the Church were shaped into legislative procedure. The structures and rationale behind the law’s formulation – its fundamental purpose, reason for existence and proliferation, and methods of creation and collection – explain how the medieval Church and society was influenced and controlled. They also, as this short book argues, explain how it ultimately functioned.</div>

In this volume dedicated to medieval canon law expert Kenneth Pennington, leading scholars from around the world discuss the contribution of medieval church law to the origins of the western legal tradition.