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Habeas Corpus: From England to Empire
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Review
Halliday's magisterial revisionist history is as impressive as it is indispensable. (David Armitage, author of The Declaration of Independence: A Global History)In clear, at times compelling, prose Halliday offers an outstanding work of historical and legal scholarship. I am unaware of any treatment of habeas corpus which covers so broad a canvas or rests upon such massive archival foundations. Halliday has convincingly demolished the traditional myth of habeas corpus. One might even say that the conceptual sophistication, evidential weight, and span of this book point towards a new way of doing constitutional history. (Wilfrid Prest, University of Adelaide)A remarkable work, based on truly heroic research. Halliday explains why liberty in the English sense of the term could only be understood as liberty under the law, and he offers a robust revision of the whiggish view that has traditionally seen the rise of habeas and the rise of parliamentary democracy as part of the same process in the development of liberty. He provides a particularly illuminating account of how the older common law system of largely judge-made law actually worked. Ambitious, convincing, and penetrating, Habeas Corpus will surely stand as the authoritative account. (Christopher W. Brooks, Durham University)Halliday changes the way that we understand both habeas corpus and the power of legal processes more generally. He shows us how kingship helped to shape the writ, how the writ helped to shape the empire, and how historical circumstances helped to shape all three. Based on exhaustive research, this book breaks new ground and suggests new ways of thinking about both rights and liberties. (Cynthia B. Herrup, University of Southern California)This is a book of astonishing forensic brilliance that transforms our understanding of where the liberties of the Anglophone world came from and how they can still be deployed to stop overmighty rulers in their tracks when they abuse their democratic mandate. I have not read a more important history book for many years. (John Morrill, University of Cambridge)With grace, elegance, and insight, Halliday has taken a writ and found an empire. He has not only written a compelling account of habeas corpus, but provided an imaginatively conceived legal history that offers a new model for how to write meaningfully about procedures. This important book is a spectacular achievement. (Mary Sarah Bilder, Boston College Law School)This book is superb. In a tour de force of archival research, Halliday singlehandedly reshapes our view of the historical scope and characteristics of habeas corpus. He demonstrates that the writ must be understood as a feature of the royal prerogative, allowing the king's courts to demand an explanation for the imprisonment of the king's subjects, whether citizen or alien. There is little doubt that this will become the standard account of the Great Writ. (James Oldham, Georgetown University Law Center)A book that every historian of English government and Anglo-American law should read, this will be the starting point for anyone interested in the origins and interpretation of habeas corpus. It rests on deep, original research that is presented with subtlety and sophistication. Habeas Corpus will be an instant classic. (Daniel Hulsebosch, New York University Law School)Halliday constructs an exhaustive and informative legal history of the English writ of habeas corpus from the 16th century to the present...Halliday provides an expertly developed analysis which draws multiple interesting connections between the writ of habeas corpus and sources of English law, many of which are connected to the U.S. Constitution...This book is highly recommended for...individuals who are seriously interested in this component of legal history. (Steven Puro Library Journal 2010-02-15)[A] superb history of habeas corpus...Part legal drama, part subtle causal analysis, this book proves that a gripping history of a legal writ is no contradiction in terms...[A] lucid and learned account. (Adrian Vermeule New Republic online 2010-03-01)
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About the Author
Paul D. Halliday is Professor of History at the University of Virginia.
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Product details
Paperback: 512 pages
Publisher: Belknap Press; Reprint edition (April 2, 2012)
Language: English
ISBN-10: 0674064208
ISBN-13: 978-0674064201
Product Dimensions:
6 x 1.2 x 9.2 inches
Shipping Weight: 1.5 pounds (View shipping rates and policies)
Average Customer Review:
4.3 out of 5 stars
6 customer reviews
Amazon Best Sellers Rank:
#664,307 in Books (See Top 100 in Books)
Truly impressive primary research and analysis, and for the most part well written, but the book really did become sometimes become a little confusing for anyone not intimately familiar with 17th century court systems. I learned a lot - in fact it made me rethink habeas in many ways - but I also thought it needed a good editor and if the content weren't relevant to my work I doubt I'd have plowed all the way through through this brilliant but overwritten and only intermittently accessible tome. IMO such a strong scholarly effort deserved a stronger editorial hand.
This book is impressively researched, and the writing's not bad either, but the author could have boiled it down. His theme is that parliaments, not kings and privy councils, are the real threats to liberty, repeatedly curtailing habeas by statute, while strong judges are the protectors of liberty by issuing the writ when justice required. He makes a persuasive case. But nowhere is that theme stated in the book quite as clearly as just stated in this review, except on the last page.
Both tedious & brilliant. In order to understand why a man has the right to know why another man has no right to put him in a room & lock him up without full justification under law for the act, you must read this. His plain point: empire leads to suspension, finally loss of of habeas corpus. His barely hidden point: Guantanamo Bay.
When I began to study American Law, I began to realize that you had to really understand what life was like when the statutes and cases that make up the common law were created. We never got that aspect of matters in US history classes in high school or college. This book puts so many issues in context with regard to law and history, and their relevance in our lives even today. It should be the textbook reading for any US history class, at least for those teachers who want to stimulate creative thinking, rather than just pick up a pay check.
Footnotes are indispensible - it would have been easier to read if the notes were on the same page. Most scholarly presentation of a rather obscure bit of history usually ignored in American Law Schools. Obviously this subject was dredged up in Boumedienne v. Bush.James F. Schoener
I am a United States Magistrate Judge whose practice is 90% in habeas corpus. From this exhaustive archival study, I learned that every issue faced by contemporary judges in habeas cases was canvassed by our 16th and 17th century predecessors. Very helpful in thinking about those issues and a great debunking of whig history as well.
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