Jump to content

The Dirty History of Habeas Corpus


Recommended Posts


The Dirty History of Habeas Corpus


The Power of Habeas Corpus in America: From the King’s Prerogative to the War on Terror, Anthony Gregory, Cambridge, 432 pages


By Chase MadarMay 8, 2014

How powerful is the law? The laws of armed conflict—grandly and euphemistically called “international humanitarian law”—have never been better cultivated by so many jurists, yet somehow hundreds of thousands of Iraqis managed to die after our 2003 invasion, with a perhaps greater number perishing due to the economic sanctions between our Gulf Wars.

The era since World War II has also seen an expansion of defendants’ rights in criminal procedure, yet in the past 30 years the arc of our history has bent toward mass incarceration on a scale surpassed only by the Gulag.


None of this is lost on Anthony Gregory, a researcher at the libertarian Independent Institute whose recent book, The Power of Habeas Corpus in America, is a sophisticated biography of that most essential legal right, the “negative liberty” not to be arbitrarily imprisoned by the state. As Rubin “Hurricane” Carter, a boxer framed for murder and then freed on a habeas motion, said, “The Writ of Habeas Corpus is not just a piece of paper, not just a quaint Latin phrase. It was the key to my freedom.”


But despite the central importance of habeas in Anglo-American law Scissors-32x32.pnghttp://www.theamericanconservative.com/articles/the-dirty-history-of-habeas-corpus/

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • 1660710708
  • Create New...