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Category: Law

Book Review: The Digest of Justinian (Translated by Charles Henry Monro)

[Admin’s Note: This is a guest post by Jared, who only recently realised it’s “servandus,” not “servadus.”]

The Corpus Juris Civilis was a monumental achievement. Justinian I of the Eastern Roman or Byzantine Empire set out to collect and condense the disparate laws that had evolved in Rome, and then set them down in a coherent, authoritative text. He didn’t literally do it himself—he was the project’s executive (having imperium, at that), with the low-level work being delegated to an army of lawyers and legal scholars and clerks or what have you. The result was actually three texts: the Codex Justinianus, the Institutiones, and the Digesta, or the Digest. The Digest is, I believe, the largest—essentially an encyclopedia of Roman law, organized by topic and consisting of edited excerpts from renowned archaic jurists: Gaius, Ulpian, Julianus, Paulus, and so on.

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Book Review: Ancient Law: Its Connection with the Early History of Society, and its Relation to Modern Ideas
(Henry Sumner Maine)

[Admin’s Note: This is a guest post by Jared, who is most definitely not a lawyer, nor a historian.]

Henry Sumner Maine was an Englishman of the High Victorian era, i.e., the late 19th century.  His Popular Government, a book discussing the properties and deficiencies of broad-suffrage democracy, is often recommended by reactionaries in the vein of Mencius Moldbug.  He included Popular Government in a list of three books constituting the canon of his so-called “Froude Society” (of which I am apparently a deacon).  But while Maine’s work has reactionary implications, it is never polemic. Maine was a sober-minded jurist and historian. The present book, his Ancient Law, is probably his best-known work, and the one most representative of his broader oeuvre. Maine tends to be a bit of a dry writer, but he never fails to deliver on the subject matter, and the book is a pleasure to read.

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Book Review: The Firm, the Market, and the Law (R. H. Coase)

[Admin’s Note:  This is a guest post by Jared, a Canadian and grudging dilettante with too much time on his hands.]

As I continue to re-evaluate my take on the economics of the 20th century, Coase’s work stands out as well as or better than it ever did.  Ronald Coase is probably my favourite economist of all time; his work is arguably as foundational as Smith’s or Ricardo’s and was developed over just a handful of influential and easily-digestible papers.  The Firm, the Market, and the Law is more or less a summary of Coase’s most important work, containing his famous The Nature of the Firm and The Problem of Social Cost, but also several other papers, plus ample commentary from Coase himself circa 1990.  Coase died in 2013 at the ripe old age of 102.

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Book Review: The Judiciary’s Class War (Glenn Harlan Reynolds)

In this brief book, or rather pamphlet in the old political, Tom Paine-ish use of that term, law professor and well-known blogger Glenn Reynolds offers some thoughts on how the class structure of the judiciary affects judicial decisions.  Rather than focus on the general class divide in American society, Reynolds focuses on that divide in the judiciary, which he shows is deeper than that in America as a whole.  He believes the judicial divide is especially pernicious to our political system, and he offers some constructive solutions to the problem, although I think that those solutions both would be ineffective in practice and that the problems are deeper than Reynolds believes.

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Book Review: The Politics of Resentment: Rural Consciousness in Wisconsin and the Rise of Scott Walker
(Katherine J. Cramer)

In the past few years, a variety of liberal academics have adopted a Gorillas in the Mist sensibility when trying to understand conservatives.  Like Dian Fossey, they creep, wearing a ghillie suit, through thick and steamy jungles alien to them, hoping to grasp what it is that makes these creatures tick.  Sometimes they become fond of these primates, and in their own clumsy way, try to improve their lives by protecting them from threats they appear too dumb to see.  Like Fossey, most of them are obsessives with tunnel vision, bound in chains by premises invisible to them.  Katherine Cramer, author of The Politics of Resentment, fits right into this model, even if Wisconsin is a long way from Rwanda, and a lot colder.  She offers us a book that is half morality play, half sociology study, and all clueless.

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Book Review: The CEO Pay Machine (Steven Clifford)

I’ve been complaining about the topic of this book for at least fifteen years.  Actually, my basic complaint has been broader—that almost all CEOs are, when not actually idiots, indistinguishable in their abilities and performance from any moderately competent manager.  If this is true (and it is), one necessary consequence is that high pay for CEOs is stupid.  For example, when I entered business school, in 2000, I was dragooned into going to a talk by Jack Welch, then CEO of GE and regarded as a colossus.  I discovered, to my chagrin, that he was a total moron.  A little further research after going home quickly confirmed this impression, as contrarian as it was.  And in my earlier life as a corporate lawyer I knew personally many other such, if less famous, lionized nonentities.  Steven Clifford agrees, and the question he asks, and answers, is essentially “Why do big corporations pay so damn much to morons?”

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Book Review: The Color of Law
(Richard Rothstein)

Some years ago, I lived for a time in Oak Park, Illinois.  Oak Park has for decades been filled with rich white liberals, who live just across the street from a City of Chicago neighborhood, Austin, that is filled with poor black people.  Yet, for some reason the citizens of Oak Park simply can’t fathom, people from Austin almost never move to Oak Park.  Who can say why?  Well, Richard Rothstein can.  His book, The Color of Law, shows all the ways in which the racist government of Oak Park, and innumerable other government functionaries across the nation, have aggressively worked for decades to keep black people in inferior, segregated housing.  Rothstein’s service is to precisely set out why this happened, how it was done, and what exactly the effects today are.

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Analysis: On Rebellion

[This post duplicates my review of Captain Blood, without the book-specific parts.  I am cross-posting it because it fits in two categories, Reviews and Analysis.]

American history is full of rebellion—the War of Independence and the Civil War, of course, but also unsuccessful smaller-scale rebellions—Shay’s Rebellion, the Whiskey Rebellion, Nat Turner’s Rebellion, John Brown’s assault on Harper’s Ferry, and the leftist rebellions of the 1970s.

We can conclude that rebellion is relatively commonplace and that it arises from different causes.  What I want to talk about is when it is intellectually and morally justified.  We will examine theory and practice, Aquinas and Rogue One.  I am sure that writing this will probably get me on some list, or rather some additional lists, and prevent my being appointed to any government position—at least, in the current dispensation.  But since I doubt if the current dispensation will last, this is probably not the hobbling it seems.

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Book Review: Captain Blood
(Rafael Sabatini)

Captain Blood, to the extent it is mentioned today, is remembered as a 1935 movie that made the career of Errol Flynn.  The story was originally this novel, published in 1922.  It is the story of an Irish physician who, in the late Seventeenth Century, settles in the southwest of England, in Somerset, after wandering the world for a decade.  He is caught up in the Monmouth Rebellion, in which a bastard son of Charles II rebelled against James II and lost the 1685 Battle of Sedgmoor, the last battle fought on English soil.  Captain Blood (his name is Peter Blood; the title is not a nickname, as one might think of a pirate novel), treats a man wounded in the battle.  He is therefore dealt with as a traitor, even though he took no part in the rebellion itself, but his death sentence is commuted to being sold into slavery in Barbados.

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Book Review: Fools, Frauds and Firebrands: Thinkers of the New Left (Roger Scruton)

It is easy enough to know what the Right thinks, and why.  Half a dozen recent books can easily be found explaining clearly libertarianism; or social conservatism; or “reform conservatism.”  But no such thing exists for the Left.  Yes, there are many books on what political ends the Left desires.  I think those desires are mostly insane and fly in the face of reality.  But it cannot be true that those on the Left view their desires, or what drives their desires, as either insane or senseless.  And one must know one’s enemy.  So why are those ends desired?  I have always found that hard to say.

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