A SCHOLARLY BOOK REPOSITORY
For Habermas, the 'public sphere' was a social forum that allowed people to debate -- whether it was the town hall or the coffee house, maintaining a space for public debate was an essential part of democracy. Habermas’s controversial work examines the erosion of these spaces within consumer society and calls for new thinking about democracy today.
Drawing on Habermas’s early and more recent writings, this book examines the ‘public sphere’ in its full complexity, outlining its relevance to today’s media and culture. It will be of interest to students and scholars in a range of disciplines across the social sciences and humanities.
Death, wrote Walter Benjamin, lends storytellers all their authority. How do trials, in turn, borrow their authority from death? This book offers a groundbreaking account of the surprising interaction between trauma and justice.
Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, as well as the trials of O. J. Simpson and Adolf Eichmann, Shoshana Felman argues that the adjudication of collective traumas in the twentieth century transformed both culture and law. This transformation took place through legal cases that put history itself on trial, and that provided a stage for the expression of the persecuted--the historically "expressionless."
Examining legal events that tried to repair the crimes and injuries of history, Felman reveals the "juridical unconscious" of trials and brilliantly shows how this juridical unconscious is bound up with the logic of the trauma that a trial attempts to articulate and contain but so often reenacts and repeats. Her book gives the drama of the law a new jurisprudential dimension and reveals the relation between law and literature in a new light.
The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality.
The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
Ever-more-frequent calls for the establishment of a rule of law in the developing world have been oddly paralleled by the increasing use of "exceptional" measures to deal with political crises. To untangle this apparent contradiction, The Jurisprudence of Emergency analyzes the historical uses of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. Nasser Hussain focuses on the relationship between "emergency" and the law to develop a subtle new theory of those moments in which the normative rule of law is suspended.
The Jurisprudence of Emergency examines British colonial rule in India from the late eighteenth to the early twentieth century in order to trace tensions between the ideology of liberty and government by law, which was used to justify the British presence, and the colonizing power's concurrent insistence on a regime of conquest. Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality.
The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation and delineation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
When Edgar Bodenheimer’s book, Jurisprudence: The Philosophy and Method of the Law, was published in 1962, it received extraordinary reviews. It was called by one commentator “a profoundly scholarly, clearly written and thoroughly unpretentious contribution to the literature of jurisprudence.” Because there have been significant developments in analytical jurisprudence and in the legal philosophy of values, Bodenheimer has brought his book up to date.
Part I now includes a discussion of important recent contributions to jurisprudence. Part II has been largely rewritten to give more extensive consideration to the psychological roots of the need for order and quest for justice, the conceptual scope and substantive components of the notion of justice, and the criteria for validity of the law. Part III of Bodenheimer’s study is concerned with the problems of legal method and the modes of legal reasoning.
-David Cole, from the Foreword
"Perhaps the most powerful, routinely enacted civic ritual in American public life is that of capital punishment. This state-sanctioned extirpation of human life in the collective pursuit of justice is a searing act of civic pedagogy, made legitimate only by the deliberative endorsement of a small group of ordinary citizens-the jury. In Jurors' Stories of Death, Benjamin Fleury-Steiner has taken a cold, hard look at how these ordinary citizens come to terms with their extraordinary role, and how they rationalize their irreversible decisions. The result is a chilling portrait of how we---that is, all of us Americans---constitute ourselves as a political community."
-Glenn Loury, Director, Institute on Race and Social Division
"This illuminating and insightful examination of jury deliberations makes a terrific contribution to the study of capital punishment. Fleury-Steiner's synthesis of sociological, legal and theoretical concepts with vivid juror narratives and statistical data, thoughtfully animates and details how race and class consciousness continue to shape America's death penalty."
---Bryan Stevenson, Professor of Clinical Law, NYU School of Law, Executive Director, Equal Justice Initiative of Alabama
Jurors' Stories of Death is more than just another book on the death penalty; it is the first systematic survey of how death penalty decisions are made.
Benjamin Fleury-Steiner draws on real-life accounts of white and black jurors in capital punishment trials to discuss the effect of race on the sentencing process. He finds that race is invariably a factor in sentencing, with jurors relying on accounts that deny the often marginalized defendants their individuality and complexity, while reinforcing the jurors' own identities as superior, moral, and law-abiding citizens-a system that punishes in the name of dominance. This biased story of "us versus them" continues to infuse political rhetoric on crime and punishment in the United States even today.
Jurors' Stories of Death concludes with an original argument for abolition of the death penalty: If America values multiculturalism and cultural diversity, it must do away with institutions such as state-sanctioned capital punishment in order to begin to free itself from the racism and classicism that so insidiously plague social relations today.
In the antebellum Midwest, Americans looked to the law, and specifically to the jury, to navigate the uncertain terrain of a rapidly changing society. During this formative era of American law, the jury served as the most visible connector between law and society. Through an analysis of the composition of grand and trial juries and an examination of their courtroom experiences, Stacy Pratt McDermott demonstrates how central the law was for people who lived in Abraham Lincoln’s America.
McDermott focuses on the status of the jury as a democratic institution as well as on the status of those who served as jurors. According to the 1860 census, the juries in Springfield and Sangamon County, Illinois, comprised an ethnically and racially diverse population of settlers from northern and southern states, representing both urban and rural mid-nineteenth-century America. It was in these counties that Lincoln developed his law practice, handling more than 5,200 cases in a legal career that spanned nearly twenty-five years.
Drawing from a rich collection of legal records, docket books, county histories, and surviving newspapers, McDermott reveals the enormous power jurors wielded over the litigants and the character of their communities.
In this timely book, a Pulitzer Prize–winning reporter trains an autobiographical lens on a moment of remarkable transition in American journalism. Just a few years ago, the mainstream press was wrestling with whether labeling waterboarding as torture violated important norms of neutrality and objectivity. Now, major American newspapers regularly call the president of the United States a liar. Clearly, something has changed as the old rules of “balance” and “two sides to every story” have lost their grip. Is the change for the better? Will it last?
In Just a Journalist, Linda Greenhouse—who for decades covered the U.S. Supreme Court for The New York Times—tackles these questions from the perspective of her own experience. A decade ago, she faced criticism from her own newspaper and much of journalism’s leadership for a speech to a college alumnae group in which she criticized the Bush administration for, among other things, seeking to create a legal black hole at Guantánamo Bay—two years after the Supreme Court itself had ruled that the detainees could not be hidden away from the reach of federal judges who might hear their appeals.
One famous newspaper editor expressed his belief that it was unethical for a journalist to vote, because the act of choosing one candidate over another could compromise objectivity. Linda Greenhouse disagrees. Calling herself “an accidental activist,” she raises urgent questions about the role journalists can and should play as citizens, even as participants, in the world around them.
“Song Lyric,” ci, remains one of the most loved forms of Chinese poetry. From the early eleventh century through the first quarter of the twelfth century, song lyric evolved from an impromptu contribution in a performance practice to a full literary genre, in which the text might be read more often than performed. Young women singers, either indentured or private entrepreneurs, were at the heart of song practice throughout the period; the authors of the lyrics were notionally mostly male. A strange gender dynamic arose, in which men often wrote in the voice of a woman and her imagined feelings, then appropriated that sensibility for themselves.
As an essential part of becoming literature, a history was constructed for the new genre. At the same time the genre claimed a new set of aesthetic values to radically distinguish it from older “Classical Poetry,” shi. In a world that was either pragmatic or moralizing (or both), song lyric was a discourse of sensibility, which literally gave a beautiful voice to everything that seemed increasingly to be disappearing in the new Song dynasty world of righteousness and public advancement.
"So this is where the brain starts to shut down and that which we treasure most, our personal identities, begins to slip away....I suppose I should be thankful; it's a paycheck." With this disturbing sentiment, Kevin Henson begins a voyage into the world of "the temp." For several years while a graduate student, Henson logged in thousands of hours as a temporary worker in offices throughout Chicago's Loop. Those experiences, and numerous interviews with other temps and temporary counselors, create a vivid and often disheartening picture of working 9 to 5 behind the receptionist's desk, telephone console, or data-entry terminal.
In their own voices, the temps in this book lament the frequently demeaning and mundane nature of many assignments:
•"You're not paid to think."
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"Temps don't have names; they are just 'the temp.'"
•
"They always harass me...because I just wear a sweater and slacks."
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"The worst part is telling people what you do. They always ask 'When are you going to get a real job?'"
Where the temporary service industry is quick to extol the virtues of temp work—mainly its flexibility—Henson and his cast of temps reveal the tacit pressure to persevere through an unpleasant assignment, to accept every assignment offered, and to readjust personal lives to do so. Outsiders to the established office culture and hierarchy, most temps are asked to do low-skill work and leave more detailed or complicated tasks for the return of the permanent employee.
Whether temp life is a preferred choice or grudgingly accepted as the last option when "real" or permanent work is unavailable, all temps must confront issues of gender, identity, and self-esteem. Henson examines these issues, documenting the concerns and interpretations of temp workers about their own work lives.
In humanitarian and political debates about the topic, women and children are frequently considered first. Since the 1990s, human rights have become the most legitimate and legitimizing juridical and cultural claim made on a woman's behalf. But what are the consequences of equating women's rights with human rights? As the eleven essays in this volume show, the impact is often contradictory.
Bringing together some of the most respected scholars in the field, including Inderpal Grewal, Leela Fernandes, Leigh Gilmore, Susan Koshy, Patrice McDermott, and Sidonie Smith, Just Advocacy? sheds light on the often overlooked ways that women and children are further subjugated when political or humanitarian groups represent them solely as victims and portray the individuals that are helping them as paternal saviors.
Drawn from a variety of disciplinary perspectives in the humanities, arts, and social sciences, Just Advocacy? promises to advance a more nuanced and politically responsible understanding of human rights for both scholars and activists.
Finalist for the Publishing Triangle's Judy Grahn Award for Lesbian Nonfiction
You have a history, and a body. You are a history, and a body. Your body has (is) a history, too. As a girl, Julie Marie Wade was uninterested in makeup, boy-watching, and other trappings of conventional girlhood, much to her mother’s disappointment. Grace Kelly and Marilyn Monroe—movie stars immortalized as feminine ideals, even as they both died tragically and young—were lodestars that threw Wade’s own definition of beauty into relief as she stumbled into adulthood.
Now, in Just an Ordinary Woman Breathing, Wade traces the intimate story of coming of age in one particular body (as a lesbian, an only child, a Protestant attending Catholic school). She uses the language and tenets of music, math, religion, fairy tales, poetry, and art to reckon with the many facets of embodiment, sexuality, and love in our contemporary world. The diet industry, popular culture, and her own family all provide rich material for what is ultimately a lyrical and unflinching investigation into the questions that prickle deep within the human heart.
General Benjamin H. Grierson is most widely known as the brilliant cavalryman whose actions in the Civil War's Mississippi Valley campaign facilitated Ulysses S. Grant's capture of Vicksburg. There is, however, much more to this key Union officer than a successful raid into Confederate-held Mississippi. In A Just and Righteous Cause: Benjamin H. Grierson's Civil War Memoir, edited by Bruce J. Dinges and Shirley A. Leckie, Grierson tells his story in forceful, direct, and highly engaging prose.
A Just and Righteous Cause paints a vivid picture of Grierson's prewar and Civil War career, touching on his antislavery views, Republican Party principles, and military strategy and tactics. His story begins with his parents' immigration to the United States and follows his childhood, youth, and career as a musician; the early years of his marriage; his business failures prior to becoming a cavalry officer in an Illinois regiment; his experiences in battle; and his Reconstruction appointment. Grierson also provides intimate accounts of his relationships with such prominent politicians and Union leaders as Abraham Lincoln, Richard Yates, Andrew Johnson, William T. Sherman, Ulysses S. Grant, John C. Frémont, and Benjamin Prentiss.
Because Grierson wrote the memoir mainly with his family as the intended audience, he manages to avoid the self-promotion that plagues many of his contemporaries' chronicles. His reliance on military records and correspondence, along with family letters, lends an immediacy rarely found in military memoirs. His reminiscences also add fuel to a reemerging debate on soldiers' motivations for enlisting—in Grierson's case, patriotism and ideology—and shed new light on the Western theater of the Civil War, which has seen a recent surge in interest among Civil War enthusiasts.
A non–West Point officer, Grierson owed his developing career to his independent studies of the military and his connections to political figures in his home state of Illinois and later to important Union leaders. Dinges and Leckie provide a helpful introduction, which gives background on the memoir and places Grierson's career into historical context. Aided by fourteen photos and two maps, as well as the editors' superb annotations, A Just and Righteous Cause is a valuable addition to Civil War history.
Winner, 2019 Booker Worthen Prize from the Central Arkansas Library System.
A dedicated advocate for social justice long before the term entered everyday usage, Rabbi Ira Sanders began striving against the Jim Crow system soon after he arrived in Little Rock from New York in 1926. Sanders, who led Little Rock’s Temple B’nai Israel for nearly forty years, was a trained social worker as well as a rabbi and his career as a dynamic religious and community leader in Little Rock spanned the traumas of the Great Depression, World War II and the Holocaust, and the social and racial struggles of the 1950s and 1960s.
Just and Righteous Causes—a full biographical study of this bold social-activist rabbi—examines how Sanders expertly navigated the intersections of race, religion, and gender to advocate for a more just society. It joins a growing body of literature about the lives and histories of Southern rabbis, deftly balancing scholarly and narrative tones to provide a personal look into the complicated position of the Southern rabbi and the Jewish community throughout the political struggles of the twentieth-century South.
The first scholar to investigate the subject of women’s anger in early modern England, Gwynne Kennedy analyzes portrayals of and attitudes toward women’s anger in printed texts by or purporting to be written by women during the period.
Kennedy draws from recent critical work on emotions by historians, literary scholars, philosophers, and psychologists as well as comparative studies of the emotions by cultural anthropologists. Kennedy also examines a number of male-authored works, including sermons, conduct literature, philosophy, rhetoric, and medicine. The focus of her work, however, is on representations of women’s anger in printed works signed with women’s names in late sixteenth- and early seventeenth-century England. She addresses the ways these writings conform to, conflict with, or appear to reconfigure prevailing beliefs about women’s anger.
Kennedy looks at such literary texts as Mary Wroth’s romance, The Countess of Montgomery’s Urania, the first fiction by an English woman; Elizabeth Cary’s play, The Tragedy of Mariam, the earliest extant play in English by a woman; and Aemilia Lanyer’s verse collection, Salve Deus Rex Judaeorum. She also discusses religious writings by Protestant martyr Anne Askew and Elizabeth Cary’s history of Edward II. Kennedy considers as well defenses of women’s nature authored by women (Rachel Speght and Aemilia Lanyer) or published under female pseudonyms (“Jane Anger,” “Ester Sowernam,” and “Constantia Munda”).
Kennedy demonstrates the importance of class and race as factors affecting anger’s legitimacy and its forms of expression. She shows how early modern assumptions about women’s anger can help to create or exaggerate other differences among women. Her close scrutiny of anger against female inferiority emphasizes the crucial role of emotions in the construction of self-worth and identity.
By the time Jimi Hendrix died in 1970, the idea of a black man playing lead guitar in a rock band seemed exotic. Yet a mere ten years earlier, Chuck Berry and Bo Diddley had stood among the most influential rock and roll performers. Why did rock and roll become “white”? Just around Midnight reveals the interplay of popular music and racial thought that was responsible for this shift within the music industry and in the minds of fans.
Rooted in rhythm-and-blues pioneered by black musicians, 1950s rock and roll was racially inclusive and attracted listeners and performers across the color line. In the 1960s, however, rock and roll gave way to rock: a new musical ideal regarded as more serious, more artistic—and the province of white musicians. Decoding the racial discourses that have distorted standard histories of rock music, Jack Hamilton underscores how ideas of “authenticity” have blinded us to rock’s inextricably interracial artistic enterprise.
According to the standard storyline, the authentic white musician was guided by an individual creative vision, whereas black musicians were deemed authentic only when they stayed true to black tradition. Serious rock became white because only white musicians could be original without being accused of betraying their race. Juxtaposing Sam Cooke and Bob Dylan, Aretha Franklin and Janis Joplin, Jimi Hendrix and the Rolling Stones, and many others, Hamilton challenges the racial categories that oversimplified the sixties revolution and provides a deeper appreciation of the twists and turns that kept the music alive.
When a Texas debutante bows her forehead to the floor in the famous "Texas dip," society columnists all across the country speculate interminably over what it is that sets Texas women apart. But really, how could they know? Even women born and bred in Texas can't always answer that question.
Prudence Mackintosh comes very close to an answer, though, in this endlessly entertaining book. Writing with both a wry sense of humor and an insider's compassion, she offers us a fascinating look into the world of privileged, educated, well-married, well-connected, and mostly wealthy white Texas women.
What really sets these women apart, Ms. Mackintosh tells us, is the comfortable yet demanding path they follow from their idyllic girlhoods to prominent positions in society. In thirteen essays, some of which originally appeared in Texas Monthly magazine, she charts the way stations that mark this path: summer camps in the Texas Hill Country, exclusive private schools like Dallas' Hockaday, sorority membership, and acceptance into the Junior League.
Prudence Mackintosh has been both an outsider and an insider in this privileged world, and her observations are shot through with wit and real insight. Just As We Were may not be the final word on elite Texas women, but no other book has described their world with greater irony or accuracy.
Just Assassins is an engrossing collection of fourteen original essays that illuminate terrorism as it has occurred in Russian culture past and present. The broad range of writers and scholars have contributed work that examines Russian literature, film, and theater; historical narrative; and even amateur memoir, songs, and poetry posted on the Internet. Along with editor Anthony Anemone’s introduction, these essays chart the evolution of modern political terrorism in Russia, from the Decembrist uprising to the horrific school siege in Beslan in 2004.
As terrorism and the fear of terrorism continues to animate, shape, and deform public policy and international relations across the globe, Just Assassins brings into focus how Russia’s cultural engagement with its legacy of terrorism offers instructive lessons and insights for anyone concerned about political terror.
Published in collaboration with the Fay Jones School of Architecture.
Using fieldwork from rural Sonora, Mexico, Guillermo Núñez Noriega posits that men accept this intimacy outside gender categories and stereotypes, despite the traditional patriarchal society. This work contests homophobia and the heterosexual ideal of men and attempts to break down the barriers between genders.
The photograph Núñez Noriega uses to explore the shifting attitudes and perceptions of sexuality and gender provokes more questions than answers. Recognizing the societal regulations at play, the author demonstrates the existence in contemporary Mexico of an invisible regime of power that constructs and regulates the field of possibilities for men’s social actions, especially acts of friendship, affection, and eroticism with other men. The work investigates “modes of speaking” about being a man, on being gay, on the implicit meanings of the words homosexual, masculine, trade, fairy, and others—words that construct possibilities for intimacy, particularly affective and erotic intimacy among men.
Multiple variants of homoeroticism fall outside the dominant model, Núñez Noriega argues, a finding that offers many lessons on men and masculine identities. This book challenges patriarchal definitions of sex, gender, and identity; it promotes the unlearning of dominant conventions of masculinity to allow new ways of being.
Just Care is Akemi Nishida’s thoughtful examination of care injustice and social justice enabled through care. The current neoliberal political economy has turned care into a business opportunity for the healthcare industrial complex and a mechanism of social oppression and control. Nishida analyzes the challenges people negotiate whether they are situated as caregivers, receivers, or both. Also illuminated is how people with disabilities come together to assemble community care collectives and bed activism (resistance and visions emerging from the space of bed) to reimagine care as a key element for social change.
The structure of care, Nishida writes, is deeply embedded in and embodies the cruel social order—based on disability, race, gender, migration status, and wealth—that determines who survives or deteriorates. Simultaneously, many marginalized communities treat care as the foundation of activism. Using interviews, focus groups, and participant observation with care workers and people with disabilities, Just Care looks into lives unfolding in the assemblage of Medicaid long-term care programs, community-based care collectives, and bed activism. Just Care identifies what care does, and asks: How can we activate care justice or just care where people feel cared affirmatively and care being used for the wellbeing of community and for just world making?
During the predawn hours of December 9, 2008, an FBI team swarmed the home of Illinois governor Rod Blagojevich and took him away in handcuffs. The shocking arrest, based on allegations of corruption and extortion, launched a chain of political events never before seen in Illinois. In A Just Cause, Bernard H. Sieracki delivers a dynamic firsthand account of this eight-week political crisis, beginning with Blagojevich’s arrest, continuing through his impeachment and trial, and culminating in his conviction and removal from office. Drawing on his own eyewitness observations of the hearings and trial, the comments of interviewees, trial transcripts, and knowledge gained from decades of work with the Illinois legislature, Sieracki tells the compelling story of the first impeachment and removal from office of an Illinois governor, while providing a close look at the people involved.
A Just Cause depicts Blagojevich as a master of political gamesmanship, a circus ringmaster driven by personal ambition and obsessed with private gain. Sieracki examines in depth the governor’s unethical behavior while in office, detailing a litany of partisan and personal hostilities that spanned years. He thoroughly covers the events leading to Blagojevich’s downfall and the reactions of the governor’s cohorts. The author discusses the numerous allegations against Blagojevich, including attempts to “sell” appointments, jobs, and contracts in exchange for financial contributions. Sieracki then exhaustively recounts Blagojevich’s senate trial and the governor’s removal from office.
This engrossing volume is both a richly detailed case study of the American checks-and-balances system and an eyewitness account of unprecedented events. It will appeal to anyone interested in the stunning, true tale of a state upholding the maxim “The welfare of the people is the supreme law.”
Drawing upon statistical data and in-depth interviews with over five hundred families in Oregon, Karen Seccombe and Kim Hoffman assess the ways in which welfare reform affects the well-being of adults and children who leave the program for work. We hear of asthmatic children whose uninsured but working mothers cannot obtain the preventive medicines to keep them well, and stories of pregnant women receiving little or no prenatal care who end up in emergency rooms with life-threatening conditions.
Representative of poor communities nationwide, the vivid stories recounted here illuminate the critical relationship between health insurance coverage and the ability to transition from welfare to work.
Thompson argues that three central democratic principles—equal respect, free choice, and popular sovereignty—underlie our electoral institutions, and should inform any assessment of the justice of elections. Although we may all endorse these principles in theory, Thompson shows that in practice we disagree about their meaning and application. He shows how they create conflicts among basic values across a broad spectrum of electoral controversies, from disagreements about term limits and primaries to disputes about recounts and presidential electors.
To create a fair electoral system, Thompson argues, we must deliberate together about these principles and take greater control of the procedures that govern our elections. He demonstrates how applying the principles of justice to electoral practices can help us answer questions that our electoral system poses: Should race count in redistricting? Should the media call elections before the polls close? How should we limit the power of money in elections?
Accessible and wide ranging, Just Elections masterfully weaves together the philosophical, legal, and political aspects of the electoral process. Anyone who wants to understand the deeper issues at stake in American elections and the consequences that follow them will need to read it.
In answering these and other questions, Thompson examines the arguments that citizens and their representatives actually use in political forums, congressional debates and hearings, state legislative proceedings, and meetings of commissions and local councils. In addition, the book draws on a broad range of literature: democratic theory, including writings by Madison, Hamilton, and Tocqueville, and contemporary philosophers, as well as recent studies in political science, and work in election law.
Kristine McCusker charts the dramatic transformation that took place when southerners in particular and Americans in general changed their thinking about when one should die, how that death could occur, and what decent burial really means. As she shows, death care evolved from being a community act to a commercial one where purchasing a purple coffin and hearse ride to the cemetery became a political statement and the norm. That evolution also required interactions between perfect strangers, especially during the world wars as families searched for their missing soldiers. In either case, being put away decent, as southerners called burial, came to mean something fundamentally different in 1955 than it had just fifty years earlier.
Prior to the 1972 passage of Title IX, women’s basketball was a minor sport in the United States. It was played by companies such as Cook’s Goldblume Beer and Sunoco and for obscure colleges such as Iowa Wesleyan and Wayland Baptist as part of the Amateur Athletic Union (AAU). But during the two generations of the mid-twentieth century, women’s basketball improved and became more popular throughout the country. AAU All-Star teams dominated women’s international basketball until the emergence of subsidized national teams in the 1960s.
The women who played on these AAU teams helped to lay the foundation for women’s athletics today. Most of the teams came from central and southern states, and most of the players had rural origins. “Country girls” from Arkansas, Iowa, Oklahoma, Tennessee, and Texas competed at an elite level unknown to their city sisters. The AAU formed several successful international teams of gifted players that gained fame abroad but that were anonymous at home. Until nearly the last quarter of the century, skilled women basketball players had only one option after high school: the AAU.
This is the history of these gifted women, their coaches, and their teams—their records, motivations, and personal stories. Extensively illustrated, Just for Fun is the first book to thoroughly explore the complex history of the Amateur Athletic Union’s women’s basketball program and to bring to light the four decades of women’s basketball all but forgotten in the current success of women’s athletics.
What obligations do nations have to protect citizens of other nations? As responsibility to our fellow human beings and to the stability of civilization over many years has ripened fully into a concept of a "just war," it follows naturally that the time has come to fill in the outlines of the realities and boundaries of what constitutes "just" humanitarian intervention.
Even before the world changed radically on September 11, policymakers, scholars, and activists were engaging in debates on this nettlesome issue—following that date, sovereignty, human rights, and intervention took on fine new distinctions, and questions arose: Should sovereignty prevent outside agents from interfering in the affairs of a state? What moral weight should we give to sovereignty and national borders? Do humanitarian "emergencies" justify the use of military force? Can the military be used for actions other than waging war? Can "national interest" justify intervention? Should we kill in order to save?
These are profound and troubling questions, and questions that the distinguished contributors of Just Intervention probe in all their complicated dimensions. Sohail Hashmi analyzes how Islamic tradition and Islamic states understand humanitarian intervention; Thomas Weiss strongly advocates the use of military force for humanitarian purposes in Yugoslavia; Martin Cook, Richard Caplan, and Julie Mertus query the use of force in Kosovo; Michael Barnett, drawing on his experience in the United Nations while it debated how best to respond to Rwandan genocide, discusses how international organizations may become hamstrung in the ability to use force due to bureaucratic inertia; and Anthony Lang ably envelopes these—and other complex issues—with a deft hand and contextual insight.
Highlighting some of the most significant issues in regard to humanitarian intervention, Just Intervention braves the treacherous moral landscape that now faces an increasingly unstable world. These contributions will help us make our way.
Gillian M. Rodger uses the development of male impersonation from the early nineteenth century to the early twentieth century to illuminate the history of the variety show. Exploding notions of high- and lowbrow entertainment, Rodger looks at how both performers and forms consistently expanded upward toward respectable—and richer—audiences. At the same time, she illuminates a lost theatrical world where women made fun of middle-class restrictions even as they bumped up against rules imposed in part by audiences. Onstage, the actresses' changing performance styles reflected gender construction in the working class and shifts in class affiliation by parts of the audiences. Rodger observes how restrictive standards of femininity increasingly bound male impersonators as new gender constructions allowed women greater access to public space while tolerating less independent behavior from them.
The fact that men and women continue to receive unequal treatment at work is a point of contention among politicians, the media, and scholars. Common explanations for this disparity range from biological differences between the sexes to the conscious and unconscious biases that guide hiring and promotion decisions. Just One of the Guys? sheds new light on this phenomenon by analyzing the unique experiences of transgender men—people designated female at birth whose gender identity is male—on the job.
Kristen Schilt draws on in-depth interviews and observational data to show that while individual transmen have varied experiences, overall their stories are a testament to systemic gender inequality. The reactions of coworkers and employers to transmen, Schilt demonstrates, reveal the ways assumptions about innate differences between men and women serve as justification for discrimination. She finds that some transmen gain acceptance—and even privileges—by becoming “just one of the guys,” that some are coerced into working as women or marginalized for being openly transgender, and that other forms of appearance-based discrimination also influence their opportunities. Showcasing the voices of a frequently overlooked group, Just One of the Guys? lays bare the social processes that foster forms of inequality that affect us all.
The just peace movement offers a critical shift in focus and imagination. Recognizing that all life is sacred and seeking peace through violence is unsustainable, the just peace approach turns our attention to rehumanization, participatory processes, nonviolent resistance, restorative justice, reconciliation, racial justice, and creative strategies of active nonviolence to build sustainable peace, transform conflict, and end cycles of violence. A Just Peace Ethic Primer illuminates a moral framework behind this praxis and proves its versatility in global contexts.
With essays by a diverse group of scholars, A Just Peace Ethic Primer outlines the ethical, theological, and activist underpinnings of a just peace ethic.These essays also demonstrate and revise the norms of a just peace ethic through conflict cases involving US immigration, racial and environmental justice, and the death penalty, as well as gang violence in El Salvador, civil war in South Sudan, ISIS in Iraq, gender-based violence in the Democratic Republic of Congo, women-led activism in the Philippines, and ethnic violence in Kenya.
A Just Peace Ethic Primer exemplifies the ecumenical, interfaith, and multicultural aspects of a nonviolent approach to preventing and transforming violent conflict. Scholars, advocates, and activists working in politics, history, international law, philosophy, theology, and conflict resolution will find this resource vital for providing a fruitful framework and implementing a creative vision of sustainable peace.
Most studies of lesbian and gay history focus on urban environments. Yet gender and sexual diversity were anything but rare in nonmetropolitan areas in the first half of the twentieth century. Just Queer Folks explores the seldom-discussed history of same-sex intimacy and gender nonconformity in rural and small-town America during a period when the now familiar concepts of heterosexuality and homosexuality were just beginning to take shape.
Eschewing the notion that identity is always the best measure of what can be known about gender and sexuality, Colin R. Johnson argues instead for a queer historicist approach. In so doing, he uncovers a startlingly unruly rural past in which small-town eccentrics, "mannish" farm women, and cross-dressing Civilian Conservation Corps enrollees were often just queer folks so far as their neighbors were concerned. Written with wit and verve, Just Queer Folks upsets a whole host of contemporary commonplaces, including the notion that queer history is always urban history.
In Just Results, Ralph E. Ellis provides an authoritative solution to one of the major problems in the field of public policy. Until now, analysts and planners have had no practical or accurate means of incorporating qualitative social concerns into the traditional quantitative formulas used in policymaking. By introducing a justice factor—a quantitative measure for social values—Ellis opens the door for more balanced policy decisions.
Using concrete, real-world examples, Ellis shows how policy analysts can better account for the use value—or practical measurable utility—of universally agreed-upon social benefits such as life, health, safety, and environmental preservation when making cost-benefit analyses. In this way, policymakers, and by extension, society as a whole, can avoid making unjust tradeoffs between important social values and comparatively frivolous economic benefits.
Drawing on philosophical works on justice from Kant through John Rawls, this book is informed by a theoretical defense of distributive justice that emphasizes diminishing marginal utility, thus favoring the poor. Just Results is a stimulating and highly applicable book that will be of great interest to philosophers, political scientists, policy analysts and planners.
It is summer in this book, even if nature often does not hold to summer. The flowers either have tiny buds or have long since withered. It is summer in the book, asserts Mayröcker’s work, because the summer light is switched on: sometimes blazingly bright, sometimes darkened with thunderclouds. At the same time, there is a magical light in this writing. In these stream-of-conscious prose poem meditations, Mayröcker formulates a poetics of simultaneity of all that is not: “not the scenes I remember, rather, it is the sensations accompanying those scenes.”
Strictly composed in form and language while luxuriantly proliferated in daydreams and nightmares, just sitting around here GRUESOMELY now is a significant volume in the radical late work of the great Viennese poet.
The story behind these (and many more) job titles is rarely predictable and often fascinating. In this highly original book, linguist Alexander Tulloch examines the etymology behind a selection of trades and professions, unearthing intriguing bits of historical information along the way. Here readers will find explanations of common surnames, such as Spencer, Hayward, and Fletcher; obsolete jobs such as pardoner, cordwainer, or telegraph boy; and roles for the modern era, such as wedding planner, pundit, and sky marshal. Packed with additional etymological information and literary quotations, this book will appeal not only to linguists, but to anyone interested in the quirky twists and turns of meaning that have led to the familiar job titles of today.
What’s wrong with the contemporary American medical system? What does it mean when a state’s democratic presidential primary casts 40% of its votes for a felon incarcerated in another state? What’s so bad about teaching by PowerPoint? What is truly the dirtiest word in America?
These are just a few of the engaging and controversial issues that Michael Blumenthal, poet, novelist, essayist, and law professor, tackles in this collection of poignant essays commissioned by West Virginia Public Radio.
In these brief essays, Blumenthal provides unconventional insights into our contemporary political, educational, and social systems, challenging us to look beyond the headlines to the psychological and sociological realities that underlie our conventional thinking.
As a widely published poet and novelist, Blumenthal brings along a lawyer’s analytical ability with his literary sensibility, effortlessly facilitating a distinction between the clichés of today’s pallid political discourse and the deeper realities that lie beneath. This collection will captivate and provoke those with an interest in literature, politics, law, and the unwritten rules of our social and political engagements.
Just Transition emerged as a framework developed within the trade union movement to encompass a range of social interventions needed to secure workers' and frontline communities' jobs and livelihoods as economies shift to sustainable production. Just Transitions draws on a range of perspectives from the global North and South to interrogate the overlaps, synergies and tensions between various understandings of the Just Transition approach. As the concept is entering the mainstream, has it lost its radical edge, and if so, can it be recovered?
Written by academics and activists from around the globe, this unique edited collection is the first book entirely devoted to Just Transition.
Just Transition emerged as a framework developed within the trade union movement to encompass a range of social interventions needed to secure workers' and frontline communities' jobs and livelihoods as economies shift to sustainable production. Just Transitions draws on a range of perspectives from the global North and South to interrogate the overlaps, synergies and tensions between various understandings of the Just Transition approach. As the concept is entering the mainstream, has it lost its radical edge, and if so, can it be recovered?
Written by academics and activists from around the globe, this unique edited collection is the first book entirely devoted to Just Transition.
Modern academic criticism bursts with what Eve Kosofsky Sedgwick once termed paranoid readings—interpretative feats that aim to prove a point, persuade an audience, and subtly denigrate anyone who disagrees. Driven by strategies of negation and suspicion, such rhetoric tends to drown out softer-spoken reparative efforts, which forego forceful argument in favor of ruminations on pleasure, love, sentiment, reform, care, and accessibility.
Just Vibrations: The Purpose of Sounding Good calls for a time-out in our serious games of critical exchange. Charting the divergent paths of paranoid and reparative affects through illness narratives, academic work, queer life, noise pollution, sonic torture, and other touchy subjects, William Cheng exposes a host of stubborn norms in our daily orientations toward scholarship, self, and sound. How we choose to think about the perpetration and tolerance of critical and acoustic offenses may ultimately lead us down avenues of ethical ruin—or, if we choose, repair. With recourse to experimental rhetoric, interdisciplinary discretion, and the playful wisdoms of childhood, Cheng contends that reparative attitudes toward music and musicology can serve as barometers of better worlds.
The just war tradition is central to the practice of international relations, in questions of war, peace, and the conduct of war in the contemporary world, but surprisingly few scholars have questioned the authority of the tradition as a source of moral guidance for modern statecraft. Just War: Authority, Tradition, and Practice brings together many of the most important contemporary writers on just war to consider questions of authority surrounding the just war tradition.
Authority is critical in two key senses. First, it is central to framing the ethical debate about the justice or injustice of war, raising questions about the universality of just war and the tradition’s relationship to religion, law, and democracy. Second, who has the legitimate authority to make just-war claims and declare and prosecute war? Such authority has traditionally been located in the sovereign state, but non-state and supra-state claims to legitimate authority have become increasingly important over the last twenty years as the just war tradition has been used to think about multilateral military operations, terrorism, guerrilla warfare, and sub-state violence. The chapters in this collection, organized around these two dimensions, offer a compelling reassessment of the authority issue’s centrality in how we can, do, and ought to think about war in contemporary global politics.
In Just Who Loses? Samuel Roundfield Lucas continues his penetrating and comprehensive assessment of sex and race discrimination in the United States that he began in Theorizing Discrimination in an Era of Contested Prejudice.
This new volume demonstrates that the idea of discrimination being a zero-sum game is a fallacy. If discrimination costs women, men do not necessarily reap the gains. Likewise, if discrimination costs blacks, non-blacks do not reap the gains. Lucas examines the legal adjudication of discrimination, as well as wider public debates about policy on the issue, to prove how discrimination actually operates.
He uses analytic methods to show that across the socioeconomic lifecycle—including special education placement, unemployment, occupational attainment, earnings, poverty, and even mortality—both targets and non-targets of discrimination “lose.”
In Just Who Loses? Lucas proposes the construction of a broad-based coalition to combat the pervasive discrimination that affects social relations and law in the United States.
These essays examine fairy tales and other traditional forms of the fantastic and the real to offer alternative expressions of justice relevant to gender, sex, sexuality, environment, Indigeneity, class, ability, race, decolonizing, and human and nonhuman relations. By analyzing fairy tales and wonder texts from various media through an intersectional feminist lens, Pauline Greenhill and Jennifer Orme consider how wonder genres and forms blend with diverse conceptions of seeking and enacting justice. International collaborators—both established and emerging scholars who self-identify with different subjectivities, locations, and generations and come from an impressive range of inter/disciplines—engage with contemporary and historical texts from various languages and cultural contexts, including interventions, counterparts, and comparisons to the fairy tale. Just Wonder offers a critical look at how creative wondering can expand the ability to resist modes of oppression while fostering equity, as well as encourage curiosity and imagination.
In a world that can be overwhelming and precarious, this book presents scholarly, artistic, personal, and collective-action interventions to identify and respond to injustice while centering wonder and, thus, imagination, questioning, and hope. Just Wonder will appeal to fairy-tale scholars; folklorists; students and scholars of film, media studies, and cultural studies; as well as a general audience.
Conley and O'Barr show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic that will be welcomed by students and specialists alike.
John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Conley and O'Barr show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic that will be welcomed by students and specialists alike.
This elegant essay on the justice of work focuses on the fit between who we are and the kind of work we do. Russell Muirhead shows how the common hope for work that fulfills us involves more than personal interest; it also points to larger understandings of a just society. We are defined in part by the jobs we hold, and Muirhead has something important to say about the partial satisfactions of the working life, and the increasingly urgent need to balance the claims of work against those of family and community.
Against the tendency to think of work exclusively in contractual terms, Muirhead focuses on the importance of work to our sense of a life well lived. Our notions of freedom and fairness are incomplete, he argues, without due consideration of how we fit the work we do.
Muirhead weaves his argument out of sociological, economic, and philosophical analysis. He shows, among other things, how modern feminism's effort to reform domestic work and extend the promise of careers has contributed to more democratic understandings of what it means to have work that fits. His account of individual and social fit as twin standards of assessment is original and convincing--it points both to the unavoidable problem of distributing bad work in society and to the personal importance of finding fulfilling work. These themes are pursued through a wide-ranging discussion that engages thinkers from Plato to John Stuart Mill to Betty Friedan. Just Work shows what it would mean for work to make good on the high promise so often invested in it and suggests what we--both as a society and as individuals--might do when it falls short.
Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practices from the Warring States of China to the international criminal courts of today.
Ancient China produced the first rudimentary set of doctrines. But the cornerstone of later international law was laid by the Romans, in the form of natural law—a universal law that was superior to early laws and governments. As medieval European states came into contact with non-Christian peoples, from East Asia to the New World, practical solutions had to be devised to the many legal quandaries that arose. In the wake of these experiences, international legal doctrine began to assume its modern form in the seventeenth and eighteenth centuries.
New challenges in the nineteenth century encompassed the advance of nationalism, the rise of free trade and European imperialism, the formation of international organizations, and the arbitration of disputes. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the formation of the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
Murphy is best remembered for his immense legal contributions supporting individual liberty and fighting discrimination, particularly discrimination against the most vulnerable. Despite being a loyal ally of Franklin Delano Roosevelt, when FDR ordered the removal of Japanese Americans during World War II, Supreme Court Justice Murphy condemned the policy as “racist” in a scathing dissent to the Korematsu v. United States decision—the first use of the word in a Supreme Court opinion. Every American, whether arriving by first class or in chains in the galley of a slave ship, fell under Murphy’s definition of those entitled to the full benefits of the American dream.
Justice and Faith explores Murphy’s life and times by incorporating troves of archive materials not available to previous biographers, including local newspaper records from across the country. Frank Murphy is proof that even in dark times, the United States has extraordinary resilience and an ability to produce leaders of morality and courage.
This book presents an in-depth exploration of the administration of justice during Islam’s founding period, 632–1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh and composed in his honor, this volume brings together ten leading scholars of Islamic law to examine the history of early Islamic courts. This approach draws attention to both how and why the courts and the people associated with them functioned in early Islamic societies: When a dispute occurred, what happened in the courts? How did judges conceive of justice and their role in it? When and how did they give attention to politics and procedure?
Each author draws on diverse sources that illuminate a broader and deeper vision of law and society than traditional legal literature alone can provide, including historical chronicles, biographical dictionaries, legal canons, exegetical works, and mirrors for princes. Altogether, the volume offers both a substantive intervention on early Islamic courts and on methods for studying legal history as social history. It illuminates the varied and dynamic legal landscapes stretching across early Islam, and maps new approaches to interdisciplinary legal history.
Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics.
The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women’s rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation’s law. Some of the cases here deal with local issues with huge national implications xad—like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk.
This timely history confirms the significant role played by district courts in the history of the United States.
Just over two decades ago, research findings that environmentally hazardous facilities were more likely to be sited near poor and minority communities gave rise to the environmental justice movement. Yet inequitable distribution of the burdens of industrial facilities and pollution is only half of the problem; poor and minority communities are often denied the benefits of natural resources and can suffer disproportionate harm from decisions about their management and use.
Justice and Natural Resources is the first book devoted to exploring the concept of environmental justice in the realm of natural resources. Contributors consider how decisions about the management and use of natural resources can exacerbate social injustice and the problems of disadvantaged communities. Looking at issues that are predominantly rural and western -- many of them involving Indian reservations, public lands, and resource development activities -- it offers a new and more expansive view of environmental justice.
The book begins by delineating the key conceptual dimensions of environmental justice in the natural resource arena. Following the conceptual chapters are contributions that examine the application of environmental justice in natural resource decision-making. Chapters examine:
- how natural resource management can affect a range of stakeholders quite differently, distributing benefits to some and burdens to others
- the potential for using civil rights laws to address damage to natural and cultural resources
- the unique status of Native American environmental justice claims
- parallels between domestic and international environmental justice
- how authority under existing environmental law can be used by Federal regulators and communities to address a broad spectrum of environmental justice concerns
Most decision making in environmental policy today is based on the economic cost-benefit argument. Criticizing the shortcomings of the market paradigm, John Martin Gillroy proposes an alternative way to conceptualize and create environmental policy, one that allows for the protection of moral and ecological values in the face of economic demands.
Drawing on Kantian definitions of who we are as citizens, how we act collectively, and what the proper role of the state is, Gillroy develops a philosophical justification for incorporating non-market values into public decision making. His new paradigm for justice toward nature integrates the intrinsic value of humanity and nature into the law.
To test the feasibility of this new approach, Gillroy applies it to six cases: wilderness preservation, national wildlife refuges, not-in-my-backyard (NIMBY) siting dilemmas, comparative risk analysis, the Food and Drug Administration's risk regulation, and the National Environmental Policy Act. He also encourages others to adapt his framework to create alternative policy models from existing philosophies.
This book offers new insights, models, and methods for policymakers and analysts and for scholars in philosophy, political theory, law, and environmental studies.
Justice and Rights is a record of the fifth "Building Bridges" seminar held in Washington, DC in 2006 (an annual symposium on Muslim-Christian relations cosponsored by Georgetown University and the Church of England). This volume examines justice and rights from Christian and Muslim perspectives—a topic of immense relevance for both faiths in the modern world, but also with deep roots in the core texts of both traditions.
Leading scholars examine three topics: scriptural foundations, featuring analyses of Christian and Muslim sacred texts; evolving traditions, exploring historical issues in both faiths with an emphasis on religious and political authority; and the modern world, analyzing recent and contemporary contributions from Christianity and Islam in the area of freedom and human rights.
Databases of both convicted offenders and no-suspect cases demonstrate the power of DNA testing to solve the unsolvable. George “Woody” Clarke is a leading authority in legal circles and among the news media because of his expertise in DNA evidence. In this memoir, Clarke chronicles his experiences in some of the most disturbing and notorious sexual assault and murder court cases in California. He charts the beginnings of DNA testing in police investigations and the fight for its acceptance by courts and juries. He illustrates the power of science in cases he personally prosecuted or in which he assisted, including his work with the prosecution team in the trial of O. J. Simpson.
Clarke also covers cases where DNA evidence was used to exonerate. He directed a special project in San Diego County, proactively examining over six hundred cases of defendants convicted and sentenced to prison before 1993, with the goal of finding instances in which DNA typing might add new evidence and then offered testing to those inmates.
As Clarke tells the story of how he came to understand and use this new form of evidence, readers will develop a new appreciation for the role of science in the legal system.
Today’s American cities and suburbs are the sites of “thick injustice”—unjust power relations that are deeply and densely concentrated as well as opaque and seemingly intractable. Thick injustice is hard to see, to assign responsibility for, and to change.
Identifying these often invisible and intransigent problems, this volume addresses foundational questions about what justice requires in the contemporary metropolis. Essays focus on inequality within and among cities and suburbs; articulate principles for planning, redevelopment, and urban political leadership; and analyze the connection between metropolitan justice and institutional design. In a world that is progressively more urbanized, and yet no clearer on issues of fairness and equality, this book points the way to a metropolis in which social justice figures prominently in any definition of success.
Contributors: Susan S. Fainstein, Harvard U; Richard Thompson Ford, Stanford U; Gerald Frug, Harvard U; Loren King, Wilfrid Laurier U; Margaret Kohn, U of Toronto; Stephen Macedo, Princeton U; Douglas W. Rae, Yale U; Clarence N. Stone, George Washington U; Margaret Weir, U of California, Berkeley; Thad Williamson, U of Richmond.
Edited by Ryan Reft, Amanda Phillips de Lucas, and Rebecca Retzlaff, Justice and the Interstates examines the toll that the construction of the U.S. Interstate Highway System has taken on vulnerable communities over the past seven decades, details efforts to restore these often- segregated communities, and makes recommendations for moving forward. It opens up new areas for historical inquiry, while also calling on engineers, urban planners, transportation professionals, and policymakers to account for the legacies of their practices.
The chapters, written by diverse experts and thought leaders, look at different topics related to justice and the highway system, including:
- A history of how White supremacists used interstate highway routing in Alabama to disrupt the civil rights movement
- The impact of the highway in the Bronzeville area of Milwaukee
- How the East Los Angeles Interchange disrupted Eastside communities and displaced countless Latino households
- Efforts to restore the Rondo neighborhood of St. Paul
This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s. In time the lectures became a restatement of his theory of justice as fairness, revised in light of his more recent papers and his treatise Political Liberalism (1993). As Rawls writes in the preface, the restatement presents "in one place an account of justice as fairness as I now see it, drawing on all [my previous] works." He offers a broad overview of his main lines of thought and also explores specific issues never before addressed in any of his writings.
Rawls is well aware that since the publication of A Theory of Justice in 1971, American society has moved farther away from the idea of justice as fairness. Yet his ideas retain their power and relevance to debates in a pluralistic society about the meaning and theoretical viability of liberalism. This book demonstrates that moral clarity can be achieved even when a collective commitment to justice is uncertain.
"White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement
"James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal
"White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities
"Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review
A pathbreaking look at how progressive policy change for economic justice has swept U.S. cities
In the 2010s cities and counties across the United States witnessed long-overdue change as they engaged more than ever before with questions of social, economic, and racial justice. After decades of urban economic restructuring that intensified class divides and institutional and systemic racism, dozens of local governments countered the conventional wisdom that cities couldn’t address inequality—enacting progressive labor market policies, from $15 minimum wages to paid sick leave.
Justice at Work examines the mutually reinforcing roles of economic and racial justice organizing and policy entrepreneurship in building power and support for policy changes. Bridging urban social movement and urban politics studies, it demonstrates how economic and racial justice coalitions are collectively the critical institution underpinning progressive change. It also shows that urban policy change is driven by “urban policy entrepreneurs” who use public space and the intangible resources of the city to open “agenda windows” for progressive policy proposals incubated through national networks.
Through case studies of organizing and policy change efforts in cities including Chicago, Seattle, and New Orleans around minimum wages, targeted hiring, paid time off, fair scheduling, and anti-austerity, Marc Doussard and Greg Schrock show that the contemporary wave of successful progressive organizing efforts is likely to endure. Yet they caution that success is dependent on skillful organizing that builds and sustains power at the grassroots—and skillful policy work inside City Hall. By promoting justice at—and increasingly beyond—work, these movements hold the potential to unlock a new model for inclusive economic development in cities.
She begins with the utopian fable of Aleatoria, a country not unlike our own in the not-too-distant-future, where most goods are distributed by lottery—even the right to have children. She then analyzes the philosophical arguments for and against lottery distribution and a comparison of "justice by lottery" with other contemporary theories of justice.
Goodwin also applies her theory to practical problems in the real world which could be—or have been—justly resolved by the use of lotteries, such as military drafts, jury duty, and immigration eligibility. She demonstrates that in many areas, including that of political power, a regular and random reallocation of goods would be a fairer and more democratic method than the distributive systems found in liberal democracies today.
At a time of great social and political turmoil, when many residents of the leading democracies question the ability of their governments to deal fairly and competently with serious public issues, and when power seems more and more to rest with the wealthy few, this book reconsiders the very foundations of democracy and justice. Scholar and writer Danielle Allen argues that the surest path to a just society in which all are given the support necessary to flourish is the protection of political equality; that justice is best achieved by means of democracy; and that the social ideals and organizational design principles that flow from recognizing political equality and democracy as fundamental to human well-being provide an alternative framework not only for justice but also for political economy. Allen identifies this paradigm-changing new framework as “power-sharing liberalism.”
Liberalism more broadly is the philosophical commitment to a government grounded in rights that both protect people in their private lives and empower them to help govern public life. Power-sharing liberalism offers an innovative reconstruction of liberalism based on the principle of full inclusion and non-domination—in which no group has a monopoly on power—in politics, economy, and society. By showing how we all might fully share power and responsibility across all three sectors, Allen advances a culture of civic engagement and empowerment, revealing the universal benefits of an effective government in which all participate on equal terms.
“[A] learned and thoughtful portrayal of the history of race relations in America…authoritative and highly readable…[An] impressive work.”
—Randall Kennedy, The Nation
“This comprehensive history…reminds us that the fight for justice requires our constant vigilance.”
—Ibram X. Kendi
“Remarkable for the breadth and depth of its historical and legal analysis…makes an invaluable contribution to our understanding of the US Supreme Court’s role in America’s difficult racial history.”
—Tomiko Brown-Nagin, author of Civil Rights Queen: Constance Baker Motley and the Struggle for Equality
From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, Orville Vernon Burton and Armand Derfner shine a powerful light on the Supreme Court’s race record—uplifting, distressing, and even disgraceful. Justice Deferred is the first book that comprehensively charts the Supreme Court’s race jurisprudence, detailing the development of legal and constitutional doctrine, the justices’ reasoning, and the impact of individual rulings.
In addressing such issues as the changing interpretations of the Reconstruction amendments, Japanese internment in World War II, the exclusion of Mexican Americans from juries, and affirmative action, the authors bring doctrine to life by introducing the people and events at the heart of the story of race in the United States. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history reminds us, the justices still have the power to make good on the country’s promise of equal rights for all.
Civil rights leader and legislator Lloyd A. Barbee frequently signed his correspondence with "Justice for All," a phrase that embodied his life’s work of fighting for equality and fairness. An attorney most remembered for the landmark case that desegregated Milwaukee Public Schools in 1972, Barbee stood up for justice throughout his career, from defending University of Wisconsin students who were expelled after pushing the school to offer black history courses, to representing a famous comedian who was arrested after stepping out of a line at a protest march. As the only African American in the Wisconsin legislature from 1965 to 1977, Barbee advocated for fair housing, criminal justice reform, equal employment opportunities, women’s rights, and access to quality education for all, as well as being an early advocate for gay rights and abortion access.
This collection features Barbee’s writings from the front lines of the civil rights movement, along with his reflections from later in life on the challenges of legislating as a minority, the logistics of coalition building, and the value of moving the needle on issues that would outlast him. Edited by his daughter, civil rights lawyer Daphne E. Barbee-Wooten, these documents are both a record of a significant period of conflict and progress, as well as a resource on issues that continue to be relevant to activists, lawmakers, and educators.
For over a century, as women have fought for and won greater freedoms, concern over an epidemic of female criminality, especially among young women, has followed. Fear of this crime wave—despite a persistent lack of evidence of its existence—has played a decisive role in the development of the youth justice systems in the United States and Canada. Justice for Girls? is a comprehensive comparative study of the way these countries have responded to the hysteria over “girl crime” and how it has affected the treatment of both girls and boys.
Tackling a century of historical evidence and crime statistics, Jane B. Sprott and Anthony N. Doob carefully trace the evolution of approaches to the treatment of young offenders. Seeking to keep youths out of adult courts, both countries have built their systems around rehabilitation. But, as Sprott and Doob reveal, the myth of the “girl crime wave” led to a punitive system where young people are dragged into court for minor offenses and girls are punished far more severely than boys. Thorough, timely, and persuasive, Justice for Girls? will be vital to anyone working with troubled youths.
The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest.
Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.
At once a gripping story and an in-depth look at the grief of losing a child, Justice for Marlys relates the true account of a serial killer, Joseph Ture Jr., who slipped past the law again and again during a three-year-long crime spree. It was Ture who brutally murdered Marlys Wohlenhaus in her own home. John S. Munday, the husband of Marlys’s mother, reconstructs the murder and the seventeen-year investigation that led to the capture and conviction of Ture, allowing the reader to explore the horror, obsession, dedication, and finally the peace that he and his wife experienced in the search for and eventual conviction of her daughter’s killer. Justice for Marlys generates suspense and sympathy as Munday recounts how Marlys’s case was solved through the efforts of the victim’s tenacious family, supportive news media, and persistent investigators.
Munday gives readers a terrifying sense of the unimaginable grief and despair in the hearts of those who lose a child, yet he also shares his intensely personal exploration of the resilience and power within the human spirit.
John S. Munday is an intellectual property attorney who lives with his wife Fran in Isanti County, Minnesota. He is also the author of Surviving the Death of a Child, a contributing editor for Grief Digest, and a member of the board of directors of the Other Side Magazine.
The struggle to accommodate both individual freedom and community welfare shaped modern America. American have disagreed about whether federal protection of national welfare could be reconciled with defense of individual rights; however, no public figure worked longer or more consistently to meet this challenge than Alabama’s Hugo L. Black
-Sister Helen Prejean
Justice Imperiled is the story of the brilliant lawyer Max Hirschberg, one of Germany's most courageous defenders of justice in the face of Hitler's rise to power.
Hirschberg lived an extraordinary life at a defining moment in German and European history. By the time he fled Nazi Germany in 1934, he had argued a series of cases in Munich's courtrooms that shed light on the history of political justice in pre-Nazi Germany and, by extension, the miscarriage of justice in all Western democracies.
Hirschberg was a rare figure: he fought for cases that reflected the new democracy rather than the old monarchy, that valued equality rather than hierarchy, and that showed respect for workers as well as aristocrats.
Throughout the Weimar period Hirschberg squared off in court against Munich's conservatives, reactionaries, and Nazis-twice facing Hitler himself. As he litigated politically charged disputes, he also began fighting to reverse the criminal convictions of innocent defendants and to study what mistaken verdicts teach us about the criminal justice system as a whole.
In a unique blend of biography and courtroom drama, Justice Imperiled captures the excitement of Hirschberg's actual cases and presents legal battles that still rage, in different circumstances, to this day.
Stephen C. Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day.
Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground.
This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
The three essays in Justice in Public Life, written by Claire Foster-Gilbert, Jane Sinclair, and James Hawkey, examine the meaning of justice in the twenty-first century, asking how justice can be expressed by our public service institutions and in society more widely. They consider whether justice is tied to truth and whether our idea of justice is skewed when we conflate it with fairness. They also explore how justice as a virtue can help us navigate the complexities of life in economics, in wider society, and in righting wrongs. In addition, their essays consider the threats to a just society, including human nature itself, the inheritance of unjust structures, the wide range of views about what constitutes justice, and the difficulty of establishing it globally and between nation-states. Justice in Public Life brings an often abstract concept to life, calling on public servants to nurture justice as a virtue pursued both individually and communally.
Creating an institution that transcends national borders is a challenge fraught with political and organizational difficulties, yet, as Hagan describes here, the Hague tribunal has increasingly met these difficulties head-on and overcome them. The chief reason for its success, he argues, is the people who have shaped it, particularly its charismatic chief prosecutor, Louise Arbour. With drama and immediacy, Justice in the Balkans re-creates how Arbour worked with others to turn the tribunal's fortunes around, reversing its initial failure to arrest and convict significant figures and advancing the tribunal's agenda to the point at which Arbour and her colleagues, including her successor, Carla Del Ponte (nicknamed the Bulldog), were able to indict Milosevic himself. Leading readers through the investigations and criminal proceedings of the tribunal, Hagan offers the most original account of the foundation and maturity of the institution.
Justice in the Balkans brilliantly shows how an international social movement for human rights in the Balkans was transformed into a pathbreaking legal institution and a new transnational legal field. The Hague tribunal becomes, in Hagan's work, a stellar example of how individuals working with collective purpose can make a profound difference.
"The Hague tribunal reaches into only one house of horrors among many; but, within the wisely precise remit given to it, it has beamed the light of justice into the darkness of man's inhumanity, to woman as well as to man."—The Times (London)
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University
Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions.
Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
The Arab Spring uprisings of 2011 were often portrayed in the media as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law, a struggle obstructed by local elites as well as the interventions of foreign powers. Elizabeth F. Thompson uncovers the deep roots of liberal constitutionalism in the Middle East through the remarkable stories of those who fought against poverty, tyranny, and foreign rule.
Fascinating, sometimes quixotic personalities come to light: Tanyus Shahin, the Lebanese blacksmith who founded a peasant republic in 1858; Halide Edib, the feminist novelist who played a prominent role in the 1908 Ottoman constitutional revolution; Ali Shariati, the history professor who helped ignite the 1979 Iranian Revolution; Wael Ghonim, the Google executive who rallied Egyptians to Tahrir Square in 2011, and many more. Their memoirs, speeches, and letters chart the complex lineage of political idealism, reform, and violence that informs today’s Middle East.
Often depicted as inherently anti-democratic, Islam was integral to egalitarian movements that sought to correct imbalances of power and wealth wrought by the modern global economy—and by global war. Motivated by a memory of betrayal at the hands of the Great Powers after World War I and in the Cold War, today’s progressives assert a local tradition of liberal constitutionalism that has often been stifled but never extinguished.
Justice Is an Option uses those problems—and the framework of finance that created them—to reimagine historical justice. Robert Meister returns to the spirit of Marx to diagnose our current age of finance. Instead of closing our eyes to the political and economic realities of our era, we need to grapple with them head-on. Meister does just that, asking whether the very tools of finance that have created our vastly unequal world could instead be made to serve justice and equality. Meister here formulates nothing less than a democratic financial theory for the twenty-first century—one that is equally conversant in political philosophy, Marxism, and contemporary politics. Justice Is an Option is a radical, invigorating first page of a new—and sorely needed—leftist playbook.
The recent past has seen striking advances in our understanding of both moral responsibility and distributive justice. S. L. Hurley's ambitious work brings these two areas of lively debate into overdue contact with each other.
Key contemporary discussions of distributive justice have formulated egalitarian approaches in terms of responsibility; in this view, the aim of egalitarianism is to respect differences between positions for which people are responsible while neutralizing differences that are a matter of luck. But this approach, Hurley contends, has ignored the way our understanding of responsibility constrains the roles it can actually play within distributive justice. Her book brings the new articulation of responsibility to bear in explaining these constraints. While responsibility might help specify what to distribute, it cannot tell us how to distribute; thus, Hurley argues, responsibility cannot tell us to distribute in an egalitarian pattern in particular. It can, however, play other important roles in a theory of justice, in relation to incentive-seeking behavior and well-being. Hurley's book proposes a new, bias-neutralizing approach to distributive justice that places responsibility in these less problematic roles.
As the first Christian emperor of Rome, Constantine the Great has long interested those studying the establishment of Christianity. But Constantine is also notable for his ability to control a sprawling empire and effect major changes. The Justice of Constantine examines Constantine's judicial and administrative legislation and his efforts to maintain control over the imperial bureaucracy, to guarantee the working of Roman justice, and to keep the will of his subjects throughout the Roman Empire.
John Dillon first analyzes the record of Constantine's legislation and its relationship to prior legislation. His initial chapters also serve as an introduction to Roman law and administration in later antiquity. Dillon then considers Constantine's public edicts and internal communications about access to law, trials and procedure, corruption, and punishment for administrative abuses. How imperial officials relied on correspondence with Constantine to resolve legal questions is also considered. A study of Constantine's expedited appellate system, to ensure provincial justice, concludes the book.
Constantine's constitutions reveal much about the Theodosian Code and the laws included in it. Constantine consistently seeks direct sources of reliable information in order to enforce his will. In official correspondence, meanwhile, Constantine strives to maintain control over his officials through punishment; trusted agents; and the cultivation of accountability, rivalry, and suspicion among them.
"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and Levinasian philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities."
---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College
"This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system."
---Carol Steiker, Harvard Law School
"Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize. . . . Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light."
---James Martel, San Francisco State University
How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice.
Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy.
Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities.
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