By Bruce Davis

This is the first comprehensive study of the history and evolution of American indecent exposure laws. The study informs a critical analysis of the role of courts as custos morum, or custodian of the morals. It contains a detailed constitutional analysis of legal management of morality.

The laws are a cornerstone of government regulation of morals, with roots tracing back to seventeenth century English and American cases, laws, and regulations. The state interests protected by indecent exposure laws focus on deterring public behaviors contrary to prevailing moral order and protecting the public from offense or alarm. As moral authority has shifted away from Christianity, the moral authority supporting maintenance of moral order have diminished and fragmented, leaving nuisance as the main justification. Most state statutes now define indecent exposure in terms of audience reaction, reflecting this dependence on nuisance theory. Supreme Court trends have weakened even this justification, raising questions about the viability of current indecent exposure laws.

Despite their fundamental role in moral regulation, indecent exposure laws have received little academic, political, or legal scrutiny. This analysis elucidates their origins, history, and effects, informing development of more effective policies on managing sexuality and nudity. The history of indecent exposure laws also provides insights into managing morals and church-state relations in secular societies. Legal, social, and political trends have created multiple complex jurisprudential dilemmas, exposing the laws to potential constitutional challenges based on the Establishment Clause, free exercise of religion, free speech, privacy, autonomy, overbreadth and vagueness, viewpoint restrictions, content-based restrictions, prior restraints, and equal protection precedent and doctrines. Changes in indecent exposure laws are likely but their costs and benefits remain unclear.

The book chronicles the origins and evolution of courts as custodian of morals. Aspects of Dobbs v. Jackson Women's Health abortion case decided in 2023 suggest that this regime may be nearing an end. Competing moral authorities are contributing to a worsening crisis in moral jurisprudence. The book proposes a public policy framework more aligned with our maturing Constitution that may be better suited to current conditions, based on an empirical approach to legal management of morals in a pluralistic liberal democracy.

New York. Read-Me.Org Inc. 2024. 313p.

may contain markup

By Melissa Barden Dowling

Clemency & Cruelty in the Roman World delves into the intricate complexities of power, justice, and morality in ancient Rome. Melissa Barden Dowling expertly navigates through the historical landscape filled with tales of both compassion and ruthlessness, shedding light on the stark realities of Roman governance.

Through meticulous research and insightful analysis, Dowling explores the dual nature of Roman rulers — their capacity for clemency in granting mercy, contrasted with their inclination towards cruelty in enforcing dominance. By examining a wide array of historical sources and narratives, the book offers a compelling narrative that challenges conventional views on Roman justice and authority.

Spanning from the heights of the Roman Empire to its darkest days, Clemency & Cruelty in the Roman World presents a thought-provoking exploration of how power dynamics shaped the foundations of Roman society. Dowling’s work serves as a captivating journey into the heart of Roman civilization, inviting readers to reconsider their perceptions of ancient governance and the enduring legacies of clemency and cruelty.

University of Michigan Press, 2006, 366 pages

MAY CONTAIN MARKUP

By Camille Naish

"Death Comes to the Maiden: Sex and Execution 1431-1933" by Camille Naish is a compelling exploration of the intersection between sexuality and capital punishment throughout history. Delving deep into the narratives of individuals who faced the ultimate penalty for their perceived transgressions, Naish weaves a rich tapestry of stories that illuminate the complex relationships between power, desire, and societal norms. From the infamous trials of Joan of Arc to the scandalous executions of the 20th century, this book challenges readers to confront the ways in which attitudes towards sex and death have evolved over the centuries. A thought-provoking and meticulously researched work, Death Comes to the Maiden is a must-read for anyone interested in the dark and fascinating history of punishment and desire.

Routledge, May 7, 2013, 274 pages

MAY CONTAIN MARKUP

By J. R. Tanner

English Constitutional Conflicts of the Seventeenth Century (1603-1689) by J. R. Tanner delves deep into the turbulent political landscape of England during this transformative period. Tanner meticulously explores the intricate constitutional struggles that shaped the foundations of modern governance. From the power struggles between the monarchy and Parliament to the religious tensions that defined the era, this book provides a comprehensive analysis of the key conflicts that defined English politics. A seminal work for scholars and history enthusiasts alike, Tanner's insightful narrative sheds light on the complexities of constitutional evolution during one of England's most tumultuous centuries.

CUP Archive, Mar 3, 1928, 315 pages

MAY CONTAIN MARKUP

By Nikolaus Wachsmann

State prisons played an indispensable part in the terror of the Third Reich, incarcerating many hundreds of thousands of men and women during the Nazi era. This important book illuminates the previously unknown world of Nazi prisons, their victims, and the judicial and penal officials who built and operated this system of brutal legal terror.

Nikolaus Wachsmann describes the operation and function of legal terror in the Third Reich and brings Nazi prisons to life through the harrowing stories of individual inmates.

Drawing on a vast array of archival materials, he traces the series of changes in prison policies and practice that led eventually to racial terror, brutal violence, slave labor, starvation, and mass killings. Wachsmann demonstrates that “ordinary” legal officials were ready collaborators who helped to turn courts and prisons into key components in the Nazi web of terror. And he concludes with a discussion of the whitewash of the Nazi legal system in postwar West Germany.

Yale University Press, May 26, 2015, 538 pages

MAY CONTAIN MARKUP

By HENRY CHARLES LEA

"The Inquisition of the Middle Ages: Its Organization And Operation" by Henry Charles Lea delves into the intricate workings of one of the most controversial institutions in European history. Through meticulous research and scholarly analysis, Lea provides a comprehensive examination of the Inquisition, its structure, and its methods of operation during the Middle Ages.

Published in the late 19th century, this seminal work remains a cornerstone in the study of the Inquisition, shedding light on its mechanisms of control, the role of inquisitors, and the impact on religious and social dynamics of the time. Lea's insightful exploration offers a deep understanding of the complexities surrounding this period of religious persecution and power.

For those seeking a thorough and thought-provoking exploration of the Inquisition's history, "The Inquisition of the Middle Ages" is an indispensable resource that continues to shape our understanding of this tumultuous era."

New York and Evanston. Harper & Row, Publishers . 1963. 334p.

MAY CONTAIN MARKUP

By J. M. BEATTIE

Policing and Punishment in London 1660-1750: Urban Crime and the Limits of Terror delves into the intricate world of law enforcement and justice system in London during a transformative period in history. Through meticulous research and compelling narrative, J. M. Beattie explores the evolution of policing strategies, criminal justice practices, and the complex relationship between urban crime and societal responses.

Beattie sheds light on the challenges faced by law enforcers, the dynamics of urban crime, and the intricate balance between maintaining order and instilling fear in a rapidly growing city. This thought-provoking book unravels the intricacies of crime prevention, detection, and punishment in a metropolis grappling with both criminal activities and societal norms.

Policing and Punishment in London 1660-1750 is a must-read for history enthusiasts, criminology scholars, and anyone intrigued by the fascinating intersection of law, crime, and punishment in one of the world's most dynamic cities during a crucial era of change.

NY. . OXFORD.UNIVERSITY . 2001. 516p..

MAY CONTAIN MARKUP

By BRUCE F. ADAMS

"The Politics of Punishment: Prison Reform in Russia, 1863-1917" by Bruce F. Adams delves into the complex history of prison reform in Russia during a critical period of social and political change. Adams meticulously explores the evolution of the penal system from the mid-19th to the early 20th century, shedding light on the shifting dynamics between the state, society, and those incarcerated. Through meticulous research and insightful analysis, Adams offers a compelling narrative that uncovers the motivations, challenges, and consequences of various reform efforts within the Russian penal system. This book is essential reading for scholars, historians, and anyone interested in the intersection of politics, punishment, and social reform."

Northem Illinois University Press. 1996. 242p.

Edited by Lyndsay Campbell, Ted McCoy, and Mélanie Méthot

An introduction to Canadian legal history featuring new approaches to legal scholarship. Essential reading for all those interested in Canadian legal methodologies, especially new and beginning scholars. Canada’s Legal Pasts presents new essays on a range of topics and episodes in Canadian legal history, provides an introduction to legal methodologies, shows researchers new to the field how to locate and use a variety of sources, and includes a combined bibliography arranged to demonstrate best practices in gathering and listing primary sources. It is an essential welcome for scholars who wish to learn about Canada’s legal pasts—and why we study them. Telling new stories—about a fishing vessel that became the subject of an extraordinarily long diplomatic dispute, young Northwest Mounted Police constables subject to an odd mixture of police discipline and criminal procedure, and more—this book presents the vibrant evolution of Canada’s legal tradition. Explorations of primary sources, including provincial archival records that suggest how Quebec courts have been used in interfamilial conflict, newspaper records that disclose the details of bigamy cases, and penitentiary records that reveal the details of the lives and legal entanglements of Canada’s most marginalized people, show the many different ways of researching and understanding legal history. This is Canadian legal history as you’ve never seen it before. Canada’s Legal Pasts dives into new topics in Canada’s fascinating history and presents practical approaches to legal scholarship, bringing together established and emerging scholars in a collection essential for researchers at all levels.

Calgary, Alberta: University of Calgary Press, 2020. 372p.

USED BOOK. MAY CONTAIN MARK-UP

By Edward J. Larson

FROM THE PREFACE: “ThE SCOPES TRAIL has dog ged me for more than a decade, ever since I wrote my first book on the Ameri- can controversy over creation and evolution. The trial only constituted one brief episode in the earlier book, yet people who knew of my work

asked me more about that one event than everything else in the book combined--and they would tell me about the Scopes trial and what it meant to them. Over the years, their questions and comments led me to reflect on the so-called trial of the century. Finally, one of my colleagues, Peter Hoffer, suggested that I write a separate book solely about the trial and its place in American history. The idea made immediate sense. As a historical event and topic of legend, the trial had taken on a life and meaning of its own independent of the overall creation-evolution controversy. Indeed, this book is different from my earlier one in that they chronicle remarkably separate stories. Both are tales worth telling as sto- ries of our time. Furthermore, no historian had examined the Scopes trial as a separate study in decades. I had access to a wealth of new archival material about the trial not available to earlier historians, and the benefit of additional hindsight…”

Cambridge. Harvard University Press. 1997. 317p.