Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


Habeas Corpus: From England to Empire

ISBN13: 9780674049017
Published: March 2010
Publisher: Belknap Press
Country of Publication: USA
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9780674064201

Wildy's Book of the Month - November 2010

We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device.

In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's 'right' to 'liberty' - these are modern idioms - but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained.

This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges.

The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantanamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

Human Rights and Civil Liberties, Legal History
A Note on the Text
Introduction: Hearing the Sighs of Prisoners
1. The Jailer Jailed: 1605 and Beyond
2. Writing Habeas Corpus
3. Writ of the Prerogative
4. Making Judgments
5. Making Jurisdiction
6. Making Liberties, Making Subjects
7. Legislators as Judges
8. Writ Imperial
9. The Palladium of Liberty in Law's Empire
Appendix: A Survey of Habeas Corpus Use, 1500 to 1800
Manuscript Sources
Table of Cases
Table of Statutes

Series: Inner Temple Book Prize 2011

Habeas Corpus: From England to Empire ISBN 9780674064201
Published April 2012
Belknap Press
Law of Organized Religions : Between Establishment and Secularism ISBN 9780199226108
Published July 2010
Oxford University Press
Public Law after the Human Rights Act (eBook) ISBN 9781847317513
Published May 2010
Hart Publishing
£30.82 + £6.17 VAT
Public Law after the Human Rights Act ISBN 9781841139692
Published May 2010
Hart Publishing
Property and the Law of Finders (eBook) ISBN 9781847317506
Published January 2010
Hart Publishing
£41.66 + £8.33 VAT
Property and the Law of Finders ISBN 9781841135755
Published January 2010
Hart Publishing
The Tort of Conversion (eBook) ISBN 9781847317971
Published November 2009
Hart Publishing
£54.16 + £10.83 VAT
The Tort of Conversion ISBN 9781841138336
Published November 2009
Hart Publishing
Property Rights and Natural Resources ISBN 9781841135892
Published April 2009
Hart Publishing
Treaty Interpretation ISBN 9780199277919
Published June 2008
Oxford University Press
Out of print