Trousson, Raymond / Vercruysse, Jeroom (dir.), Dictionnaire general de Voltaire. (Champion classiques, references et dictionnaires 18) 1272 p. 2020:10 (Champion, FR) <670-9>
ISBN 978-2-38096-016-7 paper ¥7,064.- (税込) EUR 38.00

Fisher, George, Beware Euphoria: The Moral Roots and Racial Myths of America's War on Drugs. 528 pp. 2024:1 (Oxford U. Pr., US) <707-366>
ISBN 978-0-19-768848-9 hard ¥7,274.- (税込) US$ 34.99 *

Beware Euphoria uncovers the roots of America's moral obsession with drug regulation, offering a lively and fascinating history of the nation's racialized fear of intoxication. Challenging the idea that early antidrug laws in the US arose from racial animus, George Fisher instead shows in textured detail how US drug laws were driven by a deep-seated cultural taboo against euphoria and a preoccupation with white moral integrity. From nineteenth-century opium dens to the war on cocaine and cannabis, and more, Fisher offers a vivid tour of the sites of conflict, along with a convincing case for how the moral discourses and social contexts of the day pit drugs against the law. Bringing this history up to the present, Fisher shows how the racial dynamic has changed dramatically. As harsher penalties swell prisons with mostly nonwhite dealers, antidrug laws have come under renewed scrutiny as a tool of racial oppression. The book closes with an examination of cannabis legalization, driven in part by the movement for racial justice.

南北戦争後の憲法改革の忘れられた目的
Graber, Mark A., Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War. (Constitutional Thinking) 416 pp. 2023:7 (U. Pr. Kansas, US) <707-367>
ISBN 978-0-7006-3503-0 hard ¥12,471.- (税込) US$ 59.99 *

In contemporary constitutional politics, Section 1 of the Fourteenth Amendment-which includes the citizenship, privileges and immunities, due process, and equal protection clauses-is the star of the show. But this was not the focus for the Republican members of the Thirty-Ninth Congress. Their interest was instead in Sections 2, 3, and 4. Today we tend to think the purpose of the Fourteenth Amendment was to protect persons of color. But the Republicans engaged in Reconstruction saw its purpose as preventing "rebel rule" by punishing treason and rewarding loyalty, particularly the loyalty of white men who remained faithful to the Union during the Civil War.In this first of three planned volumes for the University Press of Kansas's Constitutional Thinking series, Mark A. Graber aims to restore to contemporary memory the Fourteenth Amendment drafted by those Republican and Unionist members of Congress who supported congressional reconstruction.In Punish Treason, Reward Loyalty, Graber breaks new ground researching Reconstruction, the Fourteenth Amendment, and constitutionalism by highlighting the importance of Sections 2, 3, and 4 to the representatives in the Thirty-Ninth Congress and their relative indifference to Section 1. His work underscores the importance and impact that legislative primacy and partisan supremacy had to Republican constitutional thinking about constitutional authority immediately after the Civil War.Centered on Reconstruction and constitutional reform, Graber shows anew the Republican effort to prevent rebel rule by empowering and protecting loyalty.

Kastenberg, Joshua E., Goldwater v. Carter: Foreign Policy, China, and the Resurgence of Executive Branch Primacy. 248 pp. 2023:9 (U. Pr. Kansas, US) <707-368>
ISBN 978-0-7006-3546-7 hard ¥20,787.- (税込) US$ 99.99 *
ISBN 978-0-7006-3547-4 paper ¥6,234.- (税込) US$ 29.99 *

Goldwater v. Carter tells the story of the Supreme Court ruling that upheld President James Earl Carter's unilateral decision to nullify the Sino-American Mutual Defense Treaty with the Republic of China (Taiwan), thereby enabling the United States to establish relations with the People's Republic of China. Senator Barry Goldwater and other members of Congress brought a lawsuit against Carter, arguing that the president needed Senate approval to take this action. President Carter's actions in recognizing the Peoples' Republic of China were both a continuation of a process begun by President Richard Nixon, and a milestone in foreign policy that survived legal and political intervention. In their decision, the Supreme Court placed the removal of the United States from treaties squarely in the political, rather than the constitutional, arena.Goldwater contended that if Carter could withdraw from the treaty with Taiwan, then another president could theoretically withdraw from NATO and thereby endanger the global political order. Ironically, years later President Donald Trump, who stood in the mold of Goldwater's brand of conservatism, posed this very threat.Joshua Kastenberg places the case of Goldwater v. Carter in the larger context of executive power. While presidential power had increased in the wake of FDR's New Deal, Congress curbed this expansion during the Vietnam conflict, placing restrictions on the presidency in areas of foreign policy and national security that had not been seen since the defeat of the League of Nations in the Senate in 1919. The Court's decision in favor of Carter, however, marked a return to the growth of the "imperial presidency," which has only continued to expand.

アメリカ合衆国最高裁判所の歴史　第10巻　全2巻
Post, Robert C., The Taft Court: Making Law for a Divided Nation, 1921-1930. 2 vols. (Oliver Wendell Holmes Devise History of the Supreme Court of the United States 10) 1700 pp. 2023:10 (Cambridge U. Pr., UK) <707-369>
ISBN 978-1-00-933621-5 hard ¥62,194.- (税込) GB￡ 220.00 *

The Taft Court offers the definitive history of the Supreme Court from 1921 to 1930 when William Howard Taft was Chief Justice. Using untapped archival material, Robert C. Post engagingly recounts the ambivalent effort to create a modern American administrative state out of the institutional innovations of World War I. He shows how the Court sought to establish authoritative forms of constitutional interpretation despite the culture wars that enveloped prohibition and pervasive labor unrest. He explores in great detail how constitutional law responds to altered circumstances. The work provides comprehensive portraits of seminal figures such as Oliver Wendell Holmes Jr. and Louis Dembitz Brandeis. It describes William Howard Taft's many judicial reforms and his profound alteration of the role of Chief Justice. A critical and timely contribution, The Taft Court sheds light on jurisprudential debates that are just as relevant today as they were a century ago.

Radan, Peter, Creating a More Perfect Slaveholders' Union: Slavery, the Constitution, and Secession in Antebellum America. (Constitutional Thinking) 448 pp. 2023:10 (U. Pr. Kansas, US) <707-370>
ISBN 978-0-7006-3580-1 hard ¥12,471.- (税込) US$ 59.99 *

In Texas v. White (1869), the Supreme Court of the United States ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created "an indestructible Union, composed of indestructible States." The Court ruled "there was no place for reconsideration, or revocation, except through revolution, or through consent of the States." In his iconoclastic work, Peter Radan demonstrates why the Court's ruling was wrong and why, on the basis of American constitutional law in 1860-1861, the unilateral secessions of the Confederate states were lawful on the grounds that the United States was forged as a "slaveholders' Union."Creating a More Perfect Slaveholders' Union addresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to-namely, a system of human enslavement-had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan demonstrates, in the compact theory of the Constitution, which held that because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate states sought to preserve and protect their peculiar institution by forming a more perfect slaveholders' Union.Creating a More Perfect Slaveholders' Union stands as the first and only systematic analysis of the legal arguments mounted for and against secession in 1860-1861 and reshapes how we understand the Civil War and, consequently, the history of the United States more generally.

アナーキ－の世紀？－戦争、規範性、現代国際秩序の誕生
Simon, Hendrik, A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order. (The History and Theory of International Law) 432 pp. 2023:12 (Oxford U. Pr., UK) <707-371>
ISBN 978-0-19-285550-3 hard ¥31,097.- (税込) GB￡ 110.00 *

The nineteenth century has been understood as an age in which states could wage war against each other if they deemed it politically necessary. According to this narrative, it was not until the establishment of the League of Nations, the Kellogg-Briand Pact, and the UN Charter that the 'free right to go to war' (liberum ius ad bellum) was gradually outlawed. Better times dawned as this anarchy of waging war ended, resulting in radical transformations of international law and politics. However, as a 'free right to go to war' has never been empirically proven, this story of progress is puzzling. In A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order, Hendrik Simon challenges this narrative by outlining a genealogy of modern war justifications and drawing on scientific, political, and public discourses. He argues that liberum ius ad bellum is an invention created by realist legal scholars in Imperial Germany who argued against the mainstream of European liberalism and, paradoxically, that the now forgotten Sonderweg reading was universalized in international historiographies after the World Wars. A Century of Anarchy? is a compelling read for historians, jurists, political theorists, international relations scholars, and anyone interested in understanding the emergence of the modern international order. In this groundbreaking work, Simon not only artfully deconstructs the myth of liberum ius ad bellum but also traces the political and theoretical roots of the modern prohibition of war to the long nineteenth century (1789-1918).

Sirks, Boudewijn, The Colonate in the Roman Empire. 368 pp. 2024:2 (Cambridge U. Pr., UK) <707-372>
ISBN 978-1-009-17260-8 hard ¥28,270.- (税込) GB￡ 100.00 *

The fourth and fifth centuries AD gave rise to a particular phenomenon in the Roman Empire: the colonate. The colonate involved the fiscal regulation of a relationship of surety between landowners and farmers in the later Roman Empire and played a major role in agrarian and social relations, with implications for these farmers' freedom of movement and transmission of status. This study provides a clear and comprehensive reassessment of the legal aspects of the phenomenon, embedding them as far as possible in their social and economic contexts. As well as taking the innovative approach of working retrogradely, or backwards through time, the volume provides a thorough assessment of two critical sources, the Theodosian and Justinian Codes, and will therefore be an invaluable resource for students and scholars of Roman law and the agricultural and social history of late antiquity.