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The Power of Habeas Corpus in America: From the King's Prerogative to the War on Terror

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Anthony Gregory (Author)
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Anthony Gregory (Author)
5 out of 5 stars 3 customer reviews
ISBN-13: 978-1107036437
ISBN-10: 1107036437
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Product Details

  • Hardcover: 434 pages
  • Publisher: Cambridge University Press (April 15, 2013)
  • Language: English
  • ISBN-10: 1107036437
  • ISBN-13: 978-1107036437
  • Product Dimensions: 6 x 0.9 x 9 inches
  • Shipping Weight: 1.5 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (3 customer reviews)
  • Amazon Best Sellers Rank: #2,354,558 in Books (See Top 100 in Books)

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5.0 out of 5 starsThe new bible on Habeas Corpus history and the American experience
By Norman VINE VOICE on January 16, 2014
Format: Kindle Edition
A few comments about the book itself are in order before sojourning through the content. First, it is a beautiful volume. I suppose we can thank Cambridge University Press for that. The cover itself contains the text of Abraham Lincoln’s order to suspend habeas during the Civil War – a very nice visual touch. The forward is written by the erudite constitutional scholar Kevin Gutzman. The book is written in three parts: history of habeas corpus, application of habeas corpus after 9/11, and a section titled “Custody and Liberty” exploring the future of habeas. Multiple appendices then analyze various habeas cases, and the customary selected bibliography and historical term explanations follow. It is long, thorough, sweeping, and powerful – but also pretty expensive. I suppose we can thank Cambridge University Press for that as well.

Habeas corpus is generally understood as the legal right not to be detained arbitrarily by the government. It is considered a foundational principle of Western legal systems, even of natural law itself. Still, habeas corpus is widely misunderstood, especially on a historical level. Anthony Gregory’s work on the history of habeas corpus and its application in America levels a damning charge against the American federal government and challenges the reader to reconsider the common assumption that the federal government protects liberty by showing how and why they abridge this fundamental right.

In the history section, Gregory explains that the origins of habeas corpus are not as simple as we are generally taught. Writs had traditionally been used by governments to command obedience. Contra the oft-assumed pure libertarian origins of the writ of habeas corpus, habeas was initially a privilege of the nobility in England.Read more ›
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5.0 out of 5 starslike me, seems to think of Habeas Corpus as ...
By Mary A. Alcorn on June 27, 2015
Format: Paperback Verified Purchase
The public, like me, seems to think of Habeas Corpus as a firm & ancient right. It's good to know how this right has been tumbled around.
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5.0 out of 5 starsA well reasoned summary of the development of Habeas Corpus
By Jim VanderVlucht on September 30, 2013
Format: Kindle Edition
The slim hardcover contains, in rich detail, the chronological development of various strains of habeas corpus and its evolution in American legal institutions. A student of law and economics would find ample material rich for study. It's not an easy read, and habeas corpus receives appropriate consideration. Gregory's perspective reduces to a clean and original understanding, unswayed by political winds, very much in a natural rights vein.
Gregory's contemporary treatment of the Great Writ as it applies to the modern state of monopoly legal organization brings tears to your academic glasses. There are no magic writs, and his discussion of the explosion in imprisonment following the Civil War and the coming of progressivism unabated to this day recognizes limits in the writ that have no easy answers. The development of habeas corpus in the modern era seems unable to cope with the massive rate of incarceration, the proliferation of malum prohibitum legislation, and the ability of a legal system that rejects individual rights.
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