The Spirit of the Laws

The Spirit of the Laws series illuminates the nature of legal systems throughout the world. Titles in the series are concerned less with the rules of the law and more with the relationships of the laws in each system with religion and moral perspectives; the degree of complexity and abstraction; classifications; attitudes to possible sources of law; authority; and values enshrined in law. Topics covered in the series include Roman law, Chinese law, biblical law, Talmudic law, canon law, common law, Hindu law, customary law, Japanese law, and international law.

Alan Watson, Distinguished Research Professor and Ernest P. Rogers Chair at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion.

A prolific scholar and master of more than a dozen languages, Watson has nearly 150 books and articles to his credit, and his books have been translated into countless dialects. Selected scholarship includes Ancient Law and Modern Understanding: At the Edges, Sources of Law, Legal Change, and Ambiguity, Legal History and a Common Law for Europe, Authority of Law; and Law, and The Shame of American Legal Education.

Watson regularly serves as a distinguished lecturer at leading universities in the United States and such countries as Italy, Holland, Germany, France, Poland, South Africa, Israel and Yugoslavia. He has attended several sessions regarding the development of a common law for the European Union, including one in Maastricht in 2000. At the request of the U.S. Agency for International Development (USAID), Watson served as a member of the two-person United States team helping to revise the draft civil code for the new Republic of Armenia.

Watson is an honorary member of the Speculative Society and serves as North American secretary of the Stair Society. He is an editorial board member for the Juridical Review, Journal of Legal History, the Journal of Comparative Law, the Belgrade Law Journal, IURA, the European Lawyer Journal, and the American Journal of Legal History.

Books in this series

The Spirit of Biblical Law
Calum Carmichael

The Spirit of Classical Canon Law
R. H. Helmholz

The Spirit of International Law
David J. Bederman

The Spirit of Islamic Law
Bernard G. Weiss

The Spirit of Japanese Law
John Owen Haley

The Spirit of Roman Law
Alan Watson

The Spirit of Traditional Chinese Law
Geoffrey MacCormack

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Southern Legal Studies

This series—formerly known as Studies in the Legal History of the South—explores the ways in which law has affected the development of the southern United States and, in turn, the ways the history of the South has affected the development of American law. Each volume in the series focuses on a specific aspect of the law, such as slave law or civil-rights legislation; a specific southern case that has broader legal and cultural influence in the nation, both historically and in contemporary times; or on a larger topic of historical significance to the development of the legal system in the region, such as issues of constitutional history and of law and society, comparative analyses with other legal systems, and biographical studies of influential southern jurists and lawyers.

Paul Finkelman is currently the Ariel F. Sallows Visiting Professor of Human Rights Law at the University of Saskatchewan. He has taught at a number of other schools including Duke Law School, LSU Law School, the University of Tulsa College of Law, Virginia Tech, and Washington University in St. Louis. He has published more than forty books, two hundred articles, and numerous op-eds on the law of American slavery, the First Amendment, American race relations, American legal history, the U.S. Constitution, freedom of religion, and baseball and the law. He was an expert witness in the Alabama Ten Commandments monument case and the law suit over the ownership of Barry Bonds' 73 home run ball. The Supreme Court has cited his scholarship on religious liberty, slavery and race, and the Second Amendment.

Timothy S. Huebner, Sternberg Professor of History at Rhodes College, specializes in the history of the American South and United States constitutional and legal history. He is the author of The Southern Judicial Tradition: State Judges and Sectional Distinctiveness 1790–1890 and The Taney Court: Justices, Rulings, Legacy. He is coeditor, with Kermit Hall, of Major Problems in American Constitutional History: Documents and Essays, second edition. He is currently writing an undergraduate textbook on the Civil War and Reconstruction period.

Books in this series

All for Civil Rights
Black Lawyers in South Carolina, 1868–1968
W. Lewis Burke

Craftsmanship and Character
A History of the Vinson & Elkins Law Firm of Houston, 1917–1997
Harold M. Hyman

Defending Constitutional Rights
Frank M. Johnson
Edited by Tony A. Freyer

Double Character
Slavery and Mastery in the Antebellum Southern Courtroom
Ariela J. Gross

Elbert Parr Tuttle
Chief Jurist of the Civil Rights Revolution
Anne Emanuel

Fathers of Conscience
Mixed-Race Inheritance in the Antebellum South
Bernie D. Jones

Federal Law and Southern Order
Racial Violence and Constitutional Conflict in the Post-Brown South
Michal R. Belknap

Free to Work
Labor Law, Emancipation, and Reconstruction, 1815–1880
James D. Schmidt

From Maverick to Mainstream
Cumberland School of Law, 1847–1997
David J. Langum and Howard P. Walthall

Gateway to Justice
The Juvenile Court and Progressive Child Welfare in a Southern City
Jennifer Trost

Gender and the Jubilee
Black Freedom and the Reconstruction of Citizenship in Civil War Missouri
Sharon Romeo

The Great South Carolina Ku Klux Klan Trials, 1871–1872
Lou Falkner Williams

Homicide Justified
The Legality of Killing Slaves in the United States and the Atlantic World
Andrew T. Fede

An Inquiry into the Law of Negro Slavery in the United States of America
Thomas R. R. Cobb
Introduction by Paul Finkelman

James McHenry, Forgotten Federalist
Karen E. Robbins

Jury Discrimination
The Supreme Court, Public Opinion, and a Grassroots Fight for Racial Equality in Mississippi
Christopher Waldrep

The Legal Ideology of Removal
The Southern Judiciary and the Sovereignty of Native American Nations
Tim Alan Garrison

Local Matters
Race, Crime, and Justice in the Nineteenth-Century South
Edited by Christopher Waldrep and Donald G. Nieman

The Long, Lingering Shadow
Slavery, Race, and Law in the American Hemisphere
Robert J. Cottrol

Origins of the Dred Scott Case
Jacksonian Jurisprudence and the Supreme Court, 1837–1857
Austin Allen

A Peculiar Humanism
The Judicial Advocacy of Slavery in High Courts of the Old South 1820–1850
William E. Wiethoff

The Reconstruction of Southern Debtors
Bankruptcy after the Civil War
Elizabeth Lee Thompson

The Rise of Judicial Management in the U.S. District Court, Southern District of Texas, 1955–2000
Steven Harmon Wilson

New Directions in Southern Legal History
Edited by Sally E. Hadden and Patricia Hagler Minter

Slave Laws in Virginia
Philip J. Schwarz

Slavery and Freedom in Texas
Stories from the Courtroom, 1821–1871
Jason A. Gillmer

The Southern Judicial Tradition
State Judges and Sectional Distinctiveness, 1790–1890
Timothy S. Huebner

States’ Laws on Race and Color
Pauli Murray
Introduction by Davison M. Douglas

The Trial of Democracy
Black Suffrage and Northern Republicans, 1860–1910
Xi Wang

Forging an American Law of Slavery in Revolutionary South Carolina and Massachusetts
Emily Blanck

Series Editors

Paul Finkelman
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Timothy S. Huebner
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Series Advisory Board

Alfred L. Brophy
Judge John J. Parker Distinguished Professor of Law,
University of North Carolina School of Law

Lonnie T. Brown Jr.
Associate Dean for Academic Affairs and Cleveland Distinguished Chair of Legal Ethics and Professionalism,
University of Georgia School of Law

Laura F. Edwards
Peabody Family Professor of History,
Duke University

James W. Ely Jr.
Milton R. Underwood Professor of Law Emeritus,
Vanderbilt University Law School

Sally E. Hadden
Associate Professor of History,
Western Michigan University

Charles F. Hobson
Professor of History,
College of William & Mary

Steven F. Lawson
Professor Emeritus of History,
Rutgers, The State University of New Jersey

Sanford V. Levinson
W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair; Professor of Government,
University of Texas at Austin, School of Law

Peter Wallenstein
Professor of History,
Virginia Polytechnic Institute and State University