"Danielle Goldman's contribution to the theory and history of improvisation in dance is rich, beautiful and extraordinary. In her careful, rigorously imaginative analysis of the discipline of choreography in real time, Goldman both compels and allows us to become initiates in the mysteries of flight and preparation. She studies the massive volitional resources that one unleashes in giving oneself over to being unleashed. It is customary to say of such a text that it is 'long-awaited' or 'much anticipated'; because of Goldman's work we now know something about the potenza, the kinetic explosion, those terms carry. Reader, get ready to move and be moved."
---Fred Moten, Duke University
"In this careful, intelligent, and theoretically rigorous book, Danielle Goldman attends to the 'tight spaces' within which improvised dance explores both its limitations and its capacity to press back against them. While doing this, Goldman also allows herself---and us---to be moved by dance itself. The poignant conclusion, evoking specific moments of embodied elegance, vulnerability, and courage, asks the reader: 'Does it make you feel like dancing?' Whether taken literally or figuratively, I can't imagine any other response to this beautiful book."
---Barbara Browning, New York University
"This book will become the single most important reflection on the question of improvisation, a question which has become foundational to dance itself. The achievement of I Want to Be Ready lies not simply in its mastery of the relevant literature within dance, but in its capacity to engage dance in a deep and abiding dialogue with other expressive forms, to think improvisation through myriad sites and a rich vein of cultural diversity, and to join improvisation in dance with its manifestations in life so as to consider what constitutes dance's own politics."
---Randy Martin, Tisch School of Arts at New York University
I Want To Be Ready draws on original archival research, careful readings of individual performances, and a thorough knowledge of dance scholarship to offer an understanding of the "freedom" of improvisational dance. While scholars often celebrate the freedom of improvised performances, they are generally focusing on freedom from formal constraints. Drawing on the work of Michel Foucault and Houston Baker, among others, Danielle Goldman argues that this negative idea of freedom elides improvisation's greatest power. Far from representing an escape from the necessities of genre, gender, class, and race, the most skillful improvisations negotiate an ever shifting landscape of constraints. This work will appeal to those interested in dance history and criticism and also interdisciplinary audiences in the fields of American and cultural studies.
Danielle Goldman is Assistant Professor of Dance at The New School and a professional dancer in New York City, where she recently has danced for DD Dorvillier and Beth Gill.
Cover art: Still from Ghostcatching, 1999, by Bill T. Jones, Paul Kaiser, and Shelley Eshkar. Image courtesy of Kaiser/Eshkar.
The rules may differ from country to country, but the dating game is a universal constant.
After years of searching for Mr. Right in living-room meetings arranged by family or friends, Ghada Abdel Aal, a young Egyptian professional, decided to take to the blogosphere to share her experiences and vent her frustrations at being young, single, and female in Egypt. Her blog, I Want to Get Married!, quickly became a hit with both men and women in the Arab world. With a keen sense of humor and biting social commentary, Abdel Aal recounts in painful detail her adventures with failed proposals and unacceptable suitors. There's Mr. Precious, who storms out during their first meeting when he feels his favorite athlete has been slighted, and another suitor who robs her in broad daylight, to name just a few of the characters she runs across in her pursuit of wedded bliss.
I Want to Get Married! has since become a best-selling book in Egypt and the inspiration for a television series. This witty look at dating challenges skewed representations of the Middle East and presents a realistic picture of what it means to be a single young woman in the Arab world, where, like elsewhere, a good man can be hard to find.
Most studies of deindustrialization in the United States emphasize the economic impact of industrial decline; few consider the social, human costs. "I Was Content and Not Content": The Story of Linda Lord and the Closing of Penobscot Poultry is a firsthand account of a plant closure, heavily illustrated through photographs and told through edited oral history interviews. It tells the story of Linda Lord, a veteran of Penobscot Poultry Company in Belfast, Maine, and her experience when the plant—Maine’s last poultry-processing plant— closed its doors in 1988, costing over four hundred people their jobs and bringing an end to a once productive and nationally competitive agribusiness.
Linda Lord’s story could be that of any number of Americans—blue- and white-collar—effected by the rampant and widespread downsizing over the past several decades. She began working at Penobscot straight out of high school and remained with the company for over twenty years. Lord worked in all aspects of poultry processing, primarily in the "blood tunnel," where she finished off the birds that had been missed by the automatic neck-cutting device—a job held by few women. Single and self-supporting, Lord was thirty-nine years old when the plant closed. In part because she was the primary caretaker for her elderly parents, Lord did not want to leave Maine for a better job but did want to stay in the area that had been her home since birth.
The book is comprised of distinct sections representing different perspectives on Lord’s story and the plant’s demise. Cedric N. Chatterley’s gritty black-and-white photographs, reproduced here as duotones, document the final days at the poultry plant and chronicle Lord’s job search, as well as her daily life and community events. Lord’s oral history interviews, interspersed with the photographs, reveal her experiences working in poultry processing and her perspectives on the plant’s closing. Carolyn Chute’s essay reflects on her own struggles as a worker in Maine, and, more generally, on the way workers are perceived in America. Alicia J. Rouverol’s historical essay explores the rise and fall of Maine’s poultry industry and the reasons for its demise. Stephen A. Cole’s epilogue brings the story full circle when he tells of his most recent visit with Linda Lord. Michael Frisch (Portraits in Steel, A Shared Authority) contributes a foreword.
Lord’s story and the story of Penobscot’s closing brings into question the relationship of business to community, reminding us that businesses and communities are in fact integrally linked—or, perhaps more accurately, should be. Her narrative makes plain that plant closings have particular ramifications for women workers, but her experience also points to the way in which all individuals cope with change, hardship, and uncertain times to create possibilities where few exist. Perhaps most important, her story reveals some of the challenges and complexities that most human beings share.
Like nesting dolls, the poems in I Was Waiting to See What You Would Do First contain scenes within scenes, inviting the reader over and over again to sharpen focus on minute details that, though small, reveal much about human perception and imagination.
Angie Mazakis handles these layers of revelation with great tenderness. Her poems wander in the way that a curious mind wanders, so that even though they often end very far from where they started, they are anchored in the familiar, referring to experiences we all share: a moment of distraction in a coffee shop imagining a conversation with someone across the room, or a narrative built around the expressions of the cartoon people on the airplane seatback safety guide.
I Was Waiting to See What You Would Do First is a testament to the notion that whether through a cosmic or microscopic lens, “You just see one moment; you just see now.”
Stocker reveals how overt and hidden curricula taught ethnic, racial, and gendered identities and how the dominant ideology of the town, present in school, conveyed racist messages to students.
"I Won't Stay Indian, I'll Keep Studying" documents how students from the reservation reacted to, coped with, and resisted discrimination. Considering the students' experiences in the context of the Costa Rican educational system as a whole, Stocker discusses policy shifts that might reduce institutionalized discrimination. Her interpretation of the experiences of these students makes a significant contribution to anthropology, Latin American studies, critical race theory, and educational theory.
It may seem odd to devote an entire book, however short, to a lost epic of which hardly any fragments (as normally defined) survive. The existence of a late prose summary of the epic’s contents hardly dispels that oddness. One (rather long) word may supply justification: Neoanalysis.
This once influential theory held that motifs and episodes in the Iliad derive from the Aethiopis, called thus after an Ethiopian prince who allied with Troy against the Greeks, only to be killed by the Greeks’ greatest hero, Achilles. The death of that hero himself, at the hands of Paris, was then described, followed by the suicide of Ajax and preparations for the sack of Troy. The prose summary thus suggests a sequel to Homer’s poem, rather than its source, and for various reasons, especially the theory’s apparent failure to allow for the concept of oral composition, Neoanalysis fell into disfavor. Its recent revival in subtler form, given its vast potential implications for the Iliad’s origins, has inspired this volume’s critical reappraisal of that theory’s more sophisticated reincarnation. In addition, even more than with other lost early epics, the possibility that Greek vase paintings may reflect episodes of the poem must be examined.
Beowulf is one of the finest works of vernacular literature from the European Middle Ages and as such is a fitting title to head the Old English family of texts published in the Dumbarton Oaks Medieval Library.
But this volume offers something unique. For the first time in the history of Beowulf scholarship, the poem appears alongside the other four texts from its sole surviving manuscript: the prose Passion of Saint Christopher, The Wonders of the East, The Letter of Alexander the Great to Aristotle, and (following Beowulf) the poem Judith. First-time readers as well as established scholars can now gain new insights into Beowulf—and the four other texts—by approaching each in its original context.
Could a fascination with the monstrous have motivated the compiler of this manuscript, working over a thousand years ago, to pull together this diverse grouping into a single volume? The prose translation by R. D. Fulk, based on the most recent editorial understanding, allows readers to rediscover Beowulf’s brilliant mastery along with otherworldly delights in the four companion texts in The Beowulf Manuscript.
A new translation of two medieval Spanish versions of the tale of Apollonius, a story central to the premodern literary imagination and a source for Shakespeare’s Pericles.
Incest, riddling, piracy, prostitution, shipwreck, Lazarus-like resuscitation, and seductive musical performances—the story of King Apollonius and his wanderings, with its riveting plot twists, has been told and retold in many languages since its late antique composition. No conventional romance hero, Apollonius proves his mettle not on the battlefield but through study, sport, music, and courtliness. The equally studious and courtly heroines of the romance—Luciana and Tarsiana, Apollonius’s wife and daughter—embark on their own adventures before the family reunites. Throughout, the king’s trials are cast as a Christian allegory of fortune.
Two Castillian versions are included in The Iberian Apollonius of Tyre. The thirteenth-century poem known as The Book of Apollonius, a creative adaptation by an unknown cleric, focuses on Apollonius as a pilgrim figure and Christianizes the narrative. The fifteenth-century prose Life and History of King Apollonius, a highly literal translation of the Latin Gesta Romanorum text by an anonymous Aragonese translator, is representative of vernacular humanism and linked with the genre of the short chivalric tale.
This volume presents new editions and English translations of these two complete, standalone medieval Spanish versions of the ancient legend.
Europe's expansion into the New World during the 16th, 17th, and 18th centuries was a story of power alignment and cultural transmission as well as dramatic individual effort. Spain had her conquistadores, France her coureurs de bois, and England her sea dogs. Isolated from the authority of home governments, tempted by the abundance of gold, fur, and fish in the New World, these adventurers so vital to national policies of expansion developed their own personal creeds of conquest and colonization. Their individual exploits not only represent a humanistic theme essential in Europe's movement westward but heighten the analyses of cultural institutions of the era. It is within such a multidisciplinary light that one can experience the Gulf Coast adventures of Pierre LeMoyne d'Iberville.
The Arabic philosophical fable Hayy Ibn Yaqzan is a classic of medieval Islamic philosophy. Ibn Tufayl (d. 1185), the Andalusian philosopher, tells of a child raised by a doe on an equatorial island who grows up to discover the truth about the world and his own place in it, unaided—but also unimpeded—by society, language, or tradition. Hayy’s discoveries about God, nature, and man challenge the values of the culture in which the tale was written as well as those of every contemporary society.
Goodman’s commentary places Hayy Ibn Yaqzan in its historical and philosophical context. The volume features a new preface and index, and an updated bibliography.
“One of the most remarkable books of the Middle Ages.”—Times Literary Supplement
“An enchanting and puzzling story. . . . The book transcends all historical and cultural environments to settle upon the questions of human life that perpetually intrigue men.”—Middle East Journal
“Goodman has done a service to the modern English reader by providing a readable translation of a philosophically significant allegory.”—Philosophy East and West
“Add[s] bright new pieces to an Islamic mosaic whose general shape is already known.”—American Historical Review
New 2016 paperback edition of the original 1989 printing (out-of-print).
Michael Allen's latest work on the profoundly influential Florentine thinker of the fifteenth century, Marsilio Ficino, will be welcomed by philosophers, literary scholars, and historians of the Renaissance, as well as by classicists. Ficino was responsible for inaugurating, shaping, and disseminating the wide-ranging philosophico-cultural movement known as Renaissance Platonism, and his views on the Sophist, which he saw as Plato's preeminent ontological dialogue, are of signal interest. This dialogue also served Ficino as a vehicle for exploring a number of other humanist, philosophical, and magical preoccupations, including the theme of man the artist and creator.
This book tells the exciting story of the ice ages—what they were like, why they occurred, and when the next one is due. The solution to the ice age mystery originated when the National Science Foundation organized the CLIMAP project to study changes in the earth’s climate over the past 700,000 years. One of the goals was to produce a map of the earth during the last ice age. Scientists examined cores of sediment from the Indian Ocean bed and deciphered a continuous history for the past 500,000 years. Their work ultimately confirmed the theory that the earth’s irregular orbital motions account for the bizarre climatic changes which bring on ice ages.
This is a tale of scientific discovery and the colorful people who participated: Louis Agassiz, the young Swiss naturalist whose geological studies first convinced scientists that the earth has recently passed through an ice age; the Reverend William Buckland, an eccentric but respected Oxford professor who fought so hard against the ice-age theory before accepting it; James Croll, a Scots mechanic who educated himself as a scientist and first formulated the astronomic theory of ice ages; Milutin Milankovitch, the Serbian mathematician who gave the astronomic theory its firm quantitative foundation; and the many other astronomers, geochemists, geologists, paleontologists, and geophysicists who have been engaged for nearly a century and a half in the pressing search for a solution to the ice-age mystery.
Be it soft-serve, gelato, frozen custard, Indian kulfi or Israeli glida, some form of cold, sweet ice cream treat can found throughout the world in restaurants and home freezers. Though ice cream was once considered a food for the elite, it has evolved into one of the most successful mass-market products ever developed.
In Ice Cream, food writer Laura B. Weiss takes the reader on a vibrant trip through the history of ice cream from ancient China to modern-day Tokyo in order to tell the lively story of how this delicious indulgence became a global sensation. Weiss tells of donkeys wooed with ice cream cones, Good Humor-loving World War II-era German diplomats, and sundaes with names such as “Over the Top” and “George Washington.” Her account is populated with Chinese emperors, English kings, former slaves, women inventors, shrewd entrepreneurs, Italian immigrant hokey-pokey ice cream vendors, and gourmand American First Ladies. Today American brands dominate the world ice cream market, but vibrant dessert cultures like Italy’s continue to thrive, and new ones, like Japan’s, flourish through unique variations.
Weiss connects this much-loved food with its place in history, making this a book sure to be enjoyed by all who are beckoned by the siren song of the ice cream truck.
The long-awaited second volume of the newly revived Ice Floe series, Ice Floe II features new and exciting works of poetry from a vibrant and diverse group of writers from Alaska, Canada, Russia, Sweden, Iceland, and beyond. All work is presented here in both its original language and in English translation. With contributors that include former Alaska poet laureate Tom Sexton, Riina Katajavuori, Yuri Vaella, Gunnar Randversson, and dozens of other established and emerging poets, this wonderful collection of voices from the northern latitudes will be a great read for all lovers of poetry and international literature.
The third volume of the revived Ice Floe series, Ice Floe III features new and exciting works of poetry by authors from Alaska, Canada, Iceland, the Faroe Islands, Norway, Sweden, Finland, and Russia. All work is presented in both its original language and in English translation. The contributors—Nancy Lord, Tom Sexton, Eira Stenberg, and Riina Katajavuori, among others—include established and emerging poets. This dynamic and vibrant collection of voices from the northern latitudes will be a great read for all poetry enthusiasts and devoted readers of international literature.
Ice Floe, the celebrated and award-winning journal of circumpolar poetry, is here reborn as an annual book series. This first volume features the best of the journal's first seven years, along with evocative new poetry from Alaska, Canada, Iceland, Norway, Sweden, Finland, and Russia. All work is presented in both its original language and in English translation. With contributors including former Alaska poet laureate John Haines, Gunnar Harding, Robert Bly, Lennart Sjögren, and dozens of other established and emerging poets, this wonderful collection of voices from the northern latitudes is a great read for all lovers of poetry and international literature.
Mariana Gosnell here explores the history and uses of ice in all its complexity, grandeur, and significance. From the freezing of Pleasant Lake in New Hampshire to the breakup of a Vermont river at the onset of spring, from the frozen Antarctic landscape that emperor penguins inhabit to the cold, watery route bowhead whales take between Arctic ice floes, Gosnell examines icebergs, icicles, and frostbite; sea ice and permafrost; ice on Mars and in the rings of Saturn; and several new forms of ice developed in labs. Arecord of the scientific surprises, cultural magnitude, and everyday uses of frozen water, Ice is a sparkling illumination of a substance whose ebbs and flows over time have helped form the world we live in.
“Gosnell travels to the ends of the earth, into the clouds and under the frozen sea to conduct her investigations . . . By the time you finish this remarkable book, you’ll never think about freezing and melting in quite the same way.”—New York Times Book Review
“To read Ice is to discover just how astonishing it is and how necessary.”—San Francisco Chronicle
“A bright, curious, omnidirectional tour that will entrance nature readers.”—Booklist
“An encyclopedic work with surprises on every page . . . . Illustrated with images of ice castles, skaters, and bubble-filled frozen sculpture, Gosnell’s book breathes life into the crystals dubbed ‘glorious spangles’ by Henry David Thoreau.”—Discover
Iceland was first published in 1980. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.
"Iceland, as described by Tomasson, has a fascinating, often contradictory culture," writes Seymour Martin Lipset in his forward to this book, the first sociological account in English of modern Icelandic society and the forces that have shaped it. Richard F. Tomasson argues that Iceland can best be understood as an example of "a new society"—the first such pioneer community to be founded in historical times. To the author the most significant influences upon Icelandic culture and social structure are the continuities that have persisted in this island society for eleven centuries, since its origins as an isolated Viking colony.
Tomasson traces the ways in which Icelandic culture developed out of the medieval pre- Christian society—in its language, relations between the sexes, egalitarianism, and the high frequency of illegitimate births. He also points out areas of contradiction and discontinuity, noting that Iceland has been transformed in the twentieth century by modernization of the society and international influences upon the culture.
Among the topics Tomasson examines are the Icelanders' involvement in their history and national literary tradition; their social, political, and economic life; the high level of literacy; the pervasive tolerance of Icelanders in moral and religious matters; their values; and the use of alcohol. Readers interested in the Scandinavian countries and in the comparative study of societies will find Iceland a useful analysis of a significant and little known national culture.
A realistic but fond memoir of a girlhood lived in a coal camp, or “patch” in southwestern Pennsylvania during the Great Depression of the 1930s, Icon of Spring is also a coming-of-age story. It begins in 1932 when the narrator, the child of Carpatho-Rusyn immigrant parents, is seven years old. Her father is a miner, and work is scarce as the grip of the depression tightens. The jars of canned food on the storeroom shelf are dwindling, and the family fears eviction from their small company-owned house.
Icon of Spring recounts her childhood during the next seven years, as she grows to adolescence in a world that is protective within her family but shares the violence of the coal region. She is witness to accidental death in the mines, the murder of a coal and iron policeman, the muted struggle to unionize, and the itinerant beggars who appear at the back door.
Yet this is far from a grim book, for we see life in the patch through the eyes of the child. Warmed by the closeness she feels toward her parents, especially her mother, and her nine brothers and sisters, she knows the joy of one sister’s wedding and raucous reception, the mysterious Easter ritual of the Eastern Orthodox Liturgy, the fun of attending a medicine show, and the almost incandescent hope placed in the new president, Franklin D. Roosevelt. Her life is peopled by traveling peddlers, the priest of her church, a union organizer, and the town bachelors: Big John, Peg Leg Pete, and Shorty Steve.
Icon of Spring evokes life in a depression coal patch from a female perspective. A splendid memoir of childhood told with accuracy and warmth which is also rich in social history, it will appeal to general readers as well as students.
Byzantine and Russian Orthodox icons are perhaps the most enduring form of religious art ever developed—and one of the most mysterious. This book, featuring the painted panels made for churches and for prayer at home, provides an accessible guide to their story and power. Illustrated mostly with Cretan, Greek, and Russian examples from the British Museum, which houses Britain’s most important collection of icons, the book examines icons in the context of the history of Christianity, as well as within the perspective of art history.
Robin Cormack, a preeminent expert on the subject, explains how icons were made, framed, and displayed. He investigates their subject matter, showing how scenes can be identified, how the iconography developed over centuries, and what role portraiture plays in their imagery. Icons have not lost their power in much of the world, and Cormack considers their continuing use in our day—whether in a religious setting or as an inspiration to modern-day artists like Matisse.
A uniquely accessible and authoritative introduction to this distinctive art form, Icons defines its subject’s unusual place at the intersection of religion, Russian culture, and art history.
An archival study of Ida Lupino’s work in film and television directing, writing, producing, and acting from the 1940s to the 1970s.
Though her acting career is well known, Ida Lupino was, until very recently, either unknown or overlooked as an influential director. One of the few female directors in Classical Hollywood, Lupino was the only woman with membership in the Directors Guild of America between 1948 and 1971. Her films were about women without power in society and engaged with highly controversial topics despite Hollywood’s strict production code. Working in a male-dominated field, Lupino was forced to manage her public persona carefully, resisting attempts by the press to paint her solely as a dutiful wife and mother—a continual feminization—just so that she could continue directing.
Filmmaker Alexandra Seros retells the story of Ida Lupino’s career, from actor to director, first in film, then in television, using archival materials from collections housed around the world. The result provides rich insights into three of Lupino’s independently directed films and a number of episodes from her vast television oeuvre. Seros contextualizes this analysis with discussions of gendered labor in the film industry, the rise of consumerism in the United States after World War II, and the expectations put on women in their family lives during the postwar era. Seros’s portrait of Lupino ultimately paints her life and career as an exemplar of collaborative auteurship.
Racial strife, increased social and economic discrimination, amplified political friction, and growing uncertainty around the impacts of the COVID-19 pandemic and climate change have laid bare many inequalities within the city of Boston. How will these disruptions and inequities influence the city’s future, especially as Boston celebrates its quadricentennial in 2030?
This collection of original essays addresses the many challenges Boston contends with in the twenty-first century and considers ways to improve the city for everyone. Presenting a range of perspectives written by area experts—academics, reflective practitioners, and policymakers—these essays tackle issues of resiliency, mobility, affordable housing, health outcomes, social equity, economic equality, zoning, regionalism, and more. Reflecting the diversity of the city and the challenges and opportunities Boston currently faces, Idea City will help readers think differently about their own areas of expertise and draw conclusions from urban regeneration work in other fields.
The Idea of a Writing Laboratory is a book about possibilities, about teaching and learning to write in ways that can transform both teachers and students.
Author Neal Lerner explores higher education’s rich history of writing instruction in classrooms, writing centers and science laboratories. By tracing the roots of writing and science educators’ recognition that the method of the lab––hands-on student activity—is essential to learning, Lerner offers the hope that the idea of a writing laboratory will be fully realized more than a century after both fields began the experiment.
Beginning in the late nineteenth century, writing instructors and science teachers recognized that mass instruction was inadequate for a burgeoning, “non-traditional” student population, and that experimental or laboratory methods could prove to be more effective. Lerner traces the history of writing instruction via laboratory methods and examines its successes and failures through case studies of individual programs and larger reform initatives. Contrasting the University of Minnesota General College Writing Laboratory with the Dartmouth College Writing Clinic, for example, Lerner offers a cautionary tale of the fine line between experimenting with teaching students to write and “curing” the students of the disease of bad writing.
The history of writing within science education also wends its way through Lerner’s engaging work, presenting the pedagogical origins of laboratory methods to offer educators in science in addition to those in writing studies possibilities for long-sought after reform. The Idea of a Writing Laboratory compels readers and writers to “don those white coats and safety glasses and discover what works” and asserts that “teaching writing as an experiment in what is possible, as a way of offering meaning-making opportunities for students no matter the subject matter, is an endeavor worth the struggle.”
Social justice: an ideal, forever beyond our grasp; or one of many practical possibilities? More than a matter of intellectual discourse, the idea of justice plays a real role in how—and how well—people live. And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political thinking, has long left practical realities far behind.
The transcendental theory of justice, the subject of Sen’s analysis, flourished in the Enlightenment and has proponents among some of the most distinguished philosophers of our day; it is concerned with identifying perfectly just social arrangements, defining the nature of the perfectly just society. The approach Sen favors, on the other hand, focuses on the comparative judgments of what is “more” or “less” just, and on the comparative merits of the different societies that actually emerge from certain institutions and social interactions.
At the heart of Sen’s argument is a respect for reasoned differences in our understanding of what a “just society” really is. People of different persuasions—for example, utilitarians, economic egalitarians, labor right theorists, no-nonsense libertarians—might each reasonably see a clear and straightforward resolution to questions of justice; and yet, these clear and straightforward resolutions would be completely different. In light of this, Sen argues for a comparative perspective on justice that can guide us in the choice between alternatives that we inevitably face.
Private law is a familiar and pervasive phenomenon. It applies our deepest intuitions about personal responsibility and justice to the property we own and use, to the injuries we inflict or avoid, and to the contracts which we make or break. The Idea of Private Law offers a new way of understanding this phenomenon. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and noninstrumental moral practice, with its own structure and rationality. Weinrib draws on Kant and Aristotle to set out a formalist approach to private law that repudiates the identification of law with politics or economics. Weinrib argues that private law is to be understood not as a mechanism for promoting efficiency but as a juridical enterprise in which coherent public reason elaborates the norms implicit in the parties' interaction. The book combines philosophical exposition and legal analysis, and pays special attention to issues of tort law.
Private law, Weinrib tells us, embodies a special morality that links the doer and the sufferer of harm. Weinrib elucidates the standpoint internal to this morality, in opposition to functionalists, who view private law as an instrument in the service of external and independently justifiable goals. After establishing the inadequacy of functionalist approaches, Weinrib traces the implications of the formalism he proposes for our ideas of the structure, coherence, and normative grounding of private law. Furthermore, the author shows how this formalism manifests itself in the leading doctrines of private law liability. Finally, he describes the public but nonpolitical role of the courts in articulating the special morality of private law.
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