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.

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by Rev. William Wright.

The text discusses the state of slavery at the Cape of Good Hope, detailing the author's observations and experiences during his ten-year residence there. It mentions various laws and ordinances related to slavery at the Cape, including Lord Charles Somerset's Proclamation of 1823 and the Consolidated Order in Council for the Crown Colonies, dated February 2, 1830. The author also references efforts towards ameliorating enactments and the potential for a scheme for the extinction of slavery by the colonists themselves.

John Rodwell, London. 1831. Reprinted in 1969 by Negro Universities Press,., New York. 116p.

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BY WILLIAM LAW MATHIESON

This book provides an overview of the historical context and the measures taken to end the slave trade, emphasizing Great Britain's pivotal role and the international efforts to suppress this inhumane practice. It highlights the efforts to abolish the slave trade and the challenges faced, with reference to treaties with Spain and Portugal and describes Sierra Leone's significance as a base for anti-slavery operations and its challenges.

New York. OCTAGON BOOKS. INC.1967.

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Sir REGINALD COUPLAND

The book begins with a reference to James Stephen, a significant figure in the British anti-slavery movement.  Authored by Sir Reginald Coupland, the book provides a historical account of the British anti-slavery movement, with a new introduction by J. D. Fage.  The text delves into the origins and development of slavery, its practice in ancient civilizations, and the eventual involvement of Europe and America in the African slave trade. It discusses the moral implications of slavery and the economic factors that led to the rise of the slave trade, particularly in relation to the colonization of the Americas, thus setting the stage for a detailed exploration of the British efforts to abolish slavery and the slave trade.

FRANK CASS & CO LTD LONDON. 1933. 273p.

By Rajan Khatiwoda

The main ambition of this book lies in a detailed analysis of the formation and enforcement of Nepal’s Mulukī Ain of 1854, specifically focusing on the provisions regarding homicide within the Mulukī Ains of 1854 and 1870. This study also examines contemporaneous legal records, revealing the complexities of the Ain’s implementation. The articles on homicide serve as a microcosm illustrating the broader evolution of Nepal’s legal code, which departed from outdated punishments like genital mutilation and introduced fines and imprisonment instead. Still, the innovations introduced into the Ain of 1854 were not uniformly progressive. The Ain in its various stages of development thus showcases the complex ways in which legal systems inevitably undergo transformation.

Heidelberg: Heidelberg University Publishing (heiUP), 2024. 439p.

By Oscar Vilhena Vieira

In 2013, Brazil faced political and social upheaval, amid widescale public protests over economic challenges and startling revelations of corruption in the Operation Car Wash investigation. The crisis led to a presidential impeachment and the election of a far-right politician, Jair Bolsonaro, in 2018.

In a new book, “Battle of Powers,” Oscar Vilhena Vieira examines the historical and institutional context of this tumultuous period in recent Brazilian history. In doing so, he offers a reminder of the dangers extremist political movements pose for the rule of law in Brazil and elsewhere, and the importance of constitutional barriers to contain authoritarian cycles. The book also demonstrates how the failure of a government to deliver basic public goods can gradually erode democratic culture and open opportunities for political movements that are less willing to accept institutional constraints on executive power.

Wilson Center and FGV Sao Paulo Law School, 2024