Gordon A. Madsen

"[Joseph Smith] was never convicted of any crime" (back of dust jacket). While this may come across as hyperbole, this volume presents new research that shows that "as a defendant, he was never convicted of any criminal offense" (page xvii). Among other things, it reexamines the prominent cases that have typically been used as examples where Joseph was guilty, such as disorderly conduct, the Kirtland Safety Society, and the destruction of the Nauvoo Expositor press.

The editors of the book have been involved in the forthcoming legal volumes of the Joseph Smith Papers, and this book is an outcropping of that project. Its objective is to help the reader understand the complex legal landscape of the time and how Joseph Smith interacted with it. The book is made up of 18 papers, some of which are new; some are condensed and retitled reprints of papers going back as far as 1965. This collection of papers has been used to teach law students at BYU for the last eight years. This is the first book to focus exclusively on the legal aspects of Joseph Smith's life, and there is a sequel now being worked on.

The Joseph Smith Papers project has (so far) found documentation for over 200 cases that Joseph Smith was involved with in some way. Before this, only around 50 were known. The cases range from debt collections to criminal matters. In the back of the book is a 54 page legal chronology listing these legal items along with significant events in Joseph's life. Following that are biographies of the lawyers and judges involved.

In helping the reader to understand a very different legal environment that prevailed in the day, there is a glossary of early 19th century legal terms drawn from the 1839 Bouvier's Law Dictionary. There is also a list of suggested "Readings on Law, Culture, and Politics in Joseph Smith's Era." Throughout the book, there are helpful illustrations such as documents, bank notes, portraits, maps, and diagrams.

One of the ways in which the law was different than today is that the Bill of Rights only applied to the federal government, and the Fourteenth Amendment had not yet been added. Also, the court system was much different, and it - and the laws - varied by state. There was no law school and "juries reigned almost supreme" (page xv).

One of the interesting cases covered by multiple papers in the book is that of Maria Lawrence, with whom Joseph Smith was accused of living in open adultery. Many different possible defenses are detailed (Joseph was killed before the case was brought to trial so it can only be guessed how the case would have been handled). Some of the possible defenses included being protected under federal and state law, not being "open" adultery, lack of witnesses, and being protected under a Nauvoo ordinance that was made for Muslims. Unfortunately, an additional possibility mentioned is a bit weak. It involves medically proving that the marriage was never consummated. The author of the paper, M. Scott Bradshaw, admits in a footnote that Brian Hales has shown that it probably was consummated, but Bradshaw discounts the evidence saying it is secondhand and from a much later date. I found it somewhat humorous that, in looking up the reference to volume 2 of Hales' Joseph Smith's Polygamy, Hales mentions that Gordon A. Madsen (who uses the same reasoning as Bradshaw) disagrees with him. Hales cites a paper by Madsen, which is actually included (under a slightly different name) in this book. Hales also points out that the medical procedure suggested is not very reliable.

I must mention how much I appreciate that footnotes are used, rather than endnotes. I really prefer looking at the bottom of the page instead of having to constantly look at the end of a chapter or the back of a book, even in cases where the footnotes cover the majority of the page. And I believe that this is the first book I've seen that references volumes from the Joseph Smith Papers. Unfortunately, there are a number of typographical errors throughout the book that detract a bit from the reading experience.

This is a fascinating book for anyone interested in law, the early history of the Church, or the life of Joseph Smith. It brings forth new research that requires history to be reconsidered, which will be of benefit to the historian as well as the apologist who wishes to counter claims regarding Joseph Smith's character. Joseph Smith is ultimately shown to be an honest man who worked within the law of his time to the best of his understanding.… (lisätietoja)