A SCHOLARLY BOOK REPOSITORY
Doty examines the social and political contexts that have enabled these civilian groups to flourish and gain legitimacy amongst policy makers and the public. The sentiments underlying the vigilante movement both draw upon and are channeled through a diverse range of organizations whose messages are often reinforced by the media. Taking action when they believe official policy is lacking, groups ranging from elements of the religious right to anti-immigrant groups to white supremacists have created a social movement.
Doty seeks to alert us to the consequences related to this growing movement and to the restructuring of our society. She maintains that with immigrants being considered as enemies and denied basic human rights, it is irresponsible of both citizens and policy makers to treat this complicated issue as a simple black or white reality.
In this solid and theoretically grounded look at contemporary, post-9/11 border vigilantism, the author observes the dangerous and unproductive manner in which private citizens seek to draw firm and uncompromising lines between who is worthy of inclusion in our society and who is not.
A powerful argument for the essential role of morality in law, getting at the heart of key debates in public life.
What is law? And how does it relate to morality? It’s common to think that law and morality are different ways of regulating our lives. But Scott Hershovitz says that this is a mistake: law is a part of our moral lives. It’s a tool we use to adjust our moral relationships. The legal claims we advance in court, Hershovitz argues, are moral claims. And our legal conflicts are moral conflicts.
Law Is a Moral Practice supplies fresh answers to fundamental questions about the nature of law and helps us better appreciate why we disagree about law so deeply. Reviving a neglected tradition of legal thought most famously associated with Ronald Dworkin, Hershovitz engages with important legal and political controversies of our time, including recent debates about constitutional interpretation and the obligations of citizens and officials to obey the law.
Leavened by entertaining personal stories, guided by curiosity rather than ideology, moving beyond entrenched dichotomies like the opposition between positivism and natural law, Law Is a Moral Practice is a thought-provoking investigation of the philosophical issues behind real-world legal debates.
In this critical entry in the University of Chicago’s Collected Works of F. A. Hayek series, political philosopher Jeremy Shearmur collates Hayek’s three-part study of law and liberty and places Hayek’s writings in careful historical context. Incisive and unrestrained, Law, Legislation, and Liberty is Hayek at his late-life best, making it essential reading for understanding the philosopher’s politics and worldview.
These three volumes constitute a scaling up of the framework offered in Hayek’s famed The Road to Serfdom. Volume 1, Rules and Order, espouses the virtues of classical liberalism; Volume 2, The Mirage of Social Justice, examines the societal forces that undermine liberalism and, with it, liberalism’s capacity to induce “spontaneous order”; and Volume 3, The Political Order of a Free People, proposes alternatives and interventions against emerging anti-liberal movements, including a rule of law that resides in stasis with personal freedom.
Shearmur’s treatment of this challenging work—including an immersive new introduction, a conversion of Hayek’s copious endnotes to footnotes, corrections to Hayek’s references and quotations, and the provision of translations to material that Hayek cited only in languages other than English—lends it new importance and accessibility. Rendered anew for the next generations of scholars, this revision of Hayek’s Law, Legislation, and Liberty is sure to become the standard.
Roger Douglas compares responses to terrorism by five liberal democracies—the United States, the United Kingdom, Canada, Australia, and New Zealand—over the past 15 years. He examines each nation’s development and implementation of counterterrorism law, specifically in the areas of information-gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning.
Douglas finds that terrorist attacks elicit pressures for quick responses, often allowing national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by both institutional interests and prior beliefs, and complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government’s impingement on civil liberties and that courts exercise their capacity to restrain the legislative and executive branches. Douglas concludes that the worst antiterror excesses have taken place outside of the law rather than within, and that the legacy of 9/11 includes both laws that expand government powers and judicial decisions that limit those very powers.
Futurists predict that in the next ten years the profession of “lawyer” will splinter into job titles like “legal process analyst” or “legal knowledge engineer.” And some in the field are already taking a proactive approach — in fact, more than two dozen law schools have developed innovation centers to explore artificial intelligence (AI) and the law. In a competitive marketplace, both firms and individuals need to familiarize themselves with the dazzling array of new products and enhanced features capable of improving efficiency. Written by leading practitioners and visionaries like Robert Ambrogi, this groundbreaking survey of current practices and future trends offers an incisive examination of the evolving roles for law librarians. Readers will learn how AI technology is changing law school curricula, lawyer practice, marketing, and other key aspects of the field through coverage of such topics as
- the benefits of AI to law librarianship, including areas like legal research, contract review, compliance, and administration, and their associated risks;
- four professional ethics rules that apply to the use or (non-use) of AI;
- how lawyers and staff work side by side with AI, utilizing intelligence like RAVN ACE or FastCase to attack the drudgery of due diligence and document review;
- surprising machine-learning insights from tokenizing, stemming, and lemmatizing the text of Shakespeare’s plays;
- the potential for chatbots and new natural language processing products to improve access to justice; and
- ways to develop sought-after skills through new technology departments, practice management groups, and legal innovation labs.
Reading this collection will give you a firm grasp of the innovations, tools, benefits, and risks of AI in law librarianship.
The Law of Ancient Athens contains the principal literary and epigraphical sources, in English, for Athenian law in the Archaic and Classical periods, from the first known historical trial (late seventh century) to the fall of the democracy in 322 BCE.
This accessible and important volume is designed for teachers, students, and general readers interested in the ancient Greek world, the history of law, and the history of democracy, an Athenian invention during this period. Offering a comprehensive treatment of Athenian law, it assumes no prior knowledge of the subject and is organized in user-friendly fashion, progressing from the person to the family to property and obligations to the gods and to the state. David D. Phillips has translated all sources into English, and he has added significant introductory and explanatory material.
Topics covered in the book include homicide and wounding; theft; marriage, children, and inheritance; citizenship; contracts and commerce; impiety; treason and other offenses against the state; and sexual offenses including rape and prostitution. The volume’s unique feature is its presentation of the actual primary sources for Athenian laws, with many key or disputed terms rendered in transliterated Greek. The translated sources, together with the topical introductions, notes, and references, will facilitate both research in the field and the teaching of increasingly popular courses on Athenian law and law in the ancient world.
Winner of the Yad Vashem International Book Prize for Holocaust Research
The scale and the depth of Nazi brutality seem to defy understanding. What could drive people to fight, kill, and destroy with such ruthless ambition? Observers and historians have offered countless explanations since the 1930s. According to Johann Chapoutot, we need to understand better how the Nazis explained it themselves. We need a clearer view, in particular, of how they were steeped in and spread the idea that history gave them no choice: it was either kill or die.
Chapoutot, one of France’s leading historians, spent years immersing himself in the texts and images that reflected and shaped the mental world of Nazi ideologues, and that the Nazis disseminated to the German public. The party had no official ur-text of ideology, values, and history. But a clear narrative emerges from the myriad works of intellectuals, apparatchiks, journalists, and movie-makers that Chapoutot explores.
The story went like this: In the ancient world, the Nordic-German race lived in harmony with the laws of nature. But since Late Antiquity, corrupt foreign norms and values—Jewish values in particular—had alienated Germany from itself and from all that was natural. The time had come, under the Nazis, to return to the fundamental law of blood. Germany must fight, conquer, and procreate, or perish. History did not concern itself with right and wrong, only brute necessity. A remarkable work of scholarship and insight, The Law of Blood recreates the chilling ideas and outlook that would cost millions their lives.
The symphonic four-part text presents us with narratives of Egyptian identity, a constant knitting and unravelling that moves us back and forth through time, as the reader slides and leaps across the shifting tectonic plates of Abdellatif’s vignettes, his immaculately limpid prose poetry bringing forth the same questions. Nobody quite belongs in Cairo, it seems, but at the same time none of them belongs anywhere else: a relative emigrates from his Nubian village to the Cairo of the 1930s, where Italian fascists chase him through the streets and into a Maltese exile, only for him to return and make his way back South to the homeland he left. Another relative falls into religious esotericism and later madness, spinning away from Cairo and back to the wasteland of a village relocated after it had been flooded by the Aswan Dam. Meanwhile, in the 1990s, students fight security forces and binge on pills amid the dysfunctional remnants of a centralized state whose gravitational pull uprooted their parents and offered the possibility of assimilation into a national identity.
Through the clear sky of Abdellatif’s novel his characters, the spaces they call home, their way-stations, and even the nation that contains them all are a murmuration of starlings, held together and apart forever.
Are you alive? What makes you so sure? Most people believe this question has a clear answer—that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death.
Foley reveals that “not being dead” is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death.
In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die.
Foley’s balanced, accessible chapters explore the most contentious legal issues of our time—including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives—across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.
With an interdisciplinary combination of philosophy, theology, and family law, The Law of Love explores the impact of secular conceptions of autonomy on sexuality and family. Drawing from the thought of Aristotle, Cicero, Augustine, Aquinas, and the modern theologian Servais Pinckaers, Stephen F. Brett argues that the divorce of freedom from virtue has caused cultural relativism, and that a potent and healthy mix of temperance, chastity, and modesty is the antidote. Styled accessibly and quite cleverly with a broader audience in mind, The Law of Love will appeal to intellectuals of all faiths who are interested in facing the ambiguities and problems of contemporary life in a secularized society.
This book consists of two parts: “The Law of Peoples,” a major reworking of a much shorter article by the same name published in 1993, and the essay “The Idea of Public Reason Revisited,” first published in 1997. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls.
“The Law of Peoples” extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an “outlaw society” and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions.
“The Idea of Public Reason Revisited” explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls’s most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine—such as that of Kant, or Mill, or Rawls’s own “Justice as Fairness,” presented in A Theory of Justice (1971).
The Law of the Heart is a vigorous challenge to the prevailing concept of the “antidemocratic” image of the self in the American literary and cultural tradition. Sam B. Girgus counters this interpretation and attempts to develop a new understanding of democratic individualism and liberal humanism in American literature under the rubric of literary modernism.
The image of the individual self who retreats inward, conforming to a distorted “law of the heart,” emerges from the works of such writers as Cooper and Poe and composer Charles Ives. Yet, as Girgus shows, other American writers relate the idea of the self to reality and culture in a more complex way: the self confronts and is reconciled to the paradox of history and reality.
In Girgus’ view, the tradition of pragmatic, humanistic individualism provides a foundation for a future where individual liberty is a major priority. He uses literary modernism as a bridge for relating contemporary social conditions to crises of the American self and culture as seen in the works of writers including Emerson, Howells, Whitman, Henry James, William James, Fitzgerald, Bellow, and McLuhan.
The Law of the Looking Glass: Cinema in Poland, 1896–1939 reveals the complex relationship between nationhood, national language, and national cinema in Europe before World War II. Author Sheila Skaff describes how the major issues facing the region before World War I, from the relatively slow pace of modernization to the desire for national sovereignty, shaped local practices in film production, exhibition, and criticism. She goes on to analyze local film production, practices of spectatorship in large cities and small towns, clashes over language choice in intertitles, and controversy surrounding the first synchronized sound experiments before World War I. Skaff depicts the creation of a national film industry in the newly independent country, the golden years of the silent cinema, the transition from silent to sound film—and debates in the press over this transition—as well as the first Polish and Yiddish “talkies.” She places particular importance on conflicts in majority-minority relations in the region and the types of collaboration that led to important films such as The Dybbuk and The Ghosts.
The Law of the Looking Glass: Cinema in Poland, 1896–1939 is the first comprehensive history of the country’s film industry before World War II. This history is characterized by alternating periods of multilingual, multiethnic production, on the one hand, and rejection of such inclusiveness, on the other. Through it all, however, runs a single unifying thread: an appreciation for visual imagery.
The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making.
Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
"Brundage's book is consistently learned, enormously useful, and frequently entertaining. It is the best we have on the relationships between theological norms, legal principles, and sexual practice."—Peter Iver Kaufman, Church History
Stolleis studies a wide range of legal fields—constitutional, judicial, agrarian, administrative, civil, and business—arguing that all types of law were affected by the political realities of National Socialism. Moreover, he shows that legal traditions were not relinquished immediately with the onset of a new regime. For the first time we can see clearly the continuities between the Nazi period and the postwar period. The law under National Socialism did not make a complete break with the law during the Weimar Republic, nor did the law of the Federal Republic nullify all of the laws under National Socialism. Through a rich and subtle investigation, Stolleis shows how the legal profession and the political regime both reacted to the conditions of the period and molded the judicial system accordingly.
Breaking the conspiracy of silence held by the justices in the postwar period, Stolleis stresses the importance of researching Nazi law in order to confront ethical problems in today's legal profession.
Manuel Garcia, a hero-villian of Cuban folklore to this day, was the most notorious of the brigand-patriots and led a gang that spread terror throughout Havana province, contributing to the breakdown of rural order that preceded full-scale rebellion in 1895. Lawless Liberators examines the origins, actions, and ends (often sudden and violent) of the bandit groups such as Garcia’s that paved the way for the revolution and offers a reasoned and balanced analysis of their role in those dramatic events.
Dutch and Sinhalese law coexisted in seventeenth- and eighteenth-century Sri Lanka. A dual forum called the Landraad empowered colonial justices to defer to either imperial or indigenous law on issues ranging from standards of evidence to inheritance rights. So, while major judicial decisions were often skewed toward assimilation, everyday life in the colony was marked by a cultural multiplicity. In Navigating Pluralities, Nadeera Rupesinghe focuses on these day-to-day experiences of the law in colonial Sri Lanka, discovering how such plural practices affected both colonized and colonizers in surprising ways.
For some people, their lawn is a source of pride, and for others, caring for their lawn is a chore. Yet for an increasing number of people, turf care is a cause of ecological anxiety. In Lawn People, author Paul Robbins, asks, "How did the needs of the grass come to be my own?" In his goal to get a clearer picture of why people and grasses do what they do, Robbins interviews homeowners about their lawns, and uses national surveys, analysis from aerial photographs, and economic data to determine what people really feel about-and how they treat-their lawns.
Lawn People places the lawn in its ecological, economic, and social context. Robbins considers the attention we pay our turfgrass-the chemicals we use to grow lawns, the hazards of turf care to our urban ecology, and its potential impact on water quality and household health. He also shows how the ecology of cities creates certain kinds of citizens, deftly contrasting man's control of the lawn with the lawn's control of man.
Lawn People provides an intriguing examination of nature's influence on landscape management and on the ecosystem.
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons.
In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action.
As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law’s Empire is a full-length presentation of his theory of law that will be studied and debated—by scholars and theorists, by lawyers and judges, by students and political activists—for years to come.
Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is—in literature as well as in law—and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
The distinguished contributors to Law's Madness propose a fascinating interdisciplinary approach to the instability and mutual permeability of law and madness. Their essays examine a variety of discursive forms—from the literary to the historical to the psychoanalytic—in which law is driven more by narrative than by reason. Their studies delineate the ways in which the law takes its definition in part from that which it excludes, suppresses, or excises from itself, illuminating the drive to enforce barriers between non-reason and legality, while simultaneously shedding new light on the constitutive force of the irrational in legal doctrine.
Law's Madness suggests that the tense and paradoxical relationship between law and madness is precisely what erects and sustains law. This provocative collection asks what must be forgotten in order to uphold the rule of law.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Lawrence Douglas is Associate Professor of Law, Jurisprudence, and Social Thought at Amherst College. Martha Merrill Umphrey is Associate Professor of Law, Jurisprudence, and Social Thought at Amherst College.
The essays in Law's Mistakes explore the things that law recognizes as errors and the way it responds to them. They identify the jurisprudential and political perspectives that underlie different understandings of what is or is not a legal mistake, and examine the fraught, contested, and evolving relationship between law and error. And they offer templates for thinking about what mistakes can tell us about the aspirations and limits of law, and for understanding how our imagining of law is enabled and shaped by its juxtaposition to a condition labeled mistake.
In addition to the volume editors, contributors include Paul Schiff Berman, Sonali Chakravarti, Jody L. Medeira, Stewart Motha, Kunal Parker, and Jordan Steiker.
While innovative ideas and creative works increasingly drive economic success, the historic approach to encouraging innovation and creativity by granting property rights has come under attack by a growing number of legal theorists and technologists. In Laws of Creation, Ronald Cass and Keith Hylton take on these critics with a vigorous defense of intellectual property law. The authors look closely at the IP doctrines that have been developed over many years in patent, copyright, trademark, and trade secret law. In each area, legislatures and courts have weighed the benefits that come from preserving incentives to innovate against the costs of granting innovators a degree of control over specific markets. Over time, the authors show, a set of rules has emerged that supports wealth-creating innovation while generally avoiding overly expansive, growth-retarding licensing regimes.
These rules are now under pressure from detractors who claim that changing technology undermines the case for intellectual property rights. But Cass and Hylton explain how technological advances only strengthen that case. In their view, the easier it becomes to copy innovations, the harder to detect copies and to stop copying, the greater the disincentive to invest time and money in inventions and creative works. The authors argue convincingly that intellectual property laws help create a society that is wealthier and inspires more innovation than those of alternative legal systems. Ignoring the social value of intellectual property rights and making what others create and nurture “free” would be a costly mistake indeed.
"Because it succeeds in being both literal and comprehensive, it is by far superior to any translation available. By reproducing dramatic detail often omitted, such as oaths, hesitations, repetitions, and forms of address, Pangle allows the reader to follow the dialogue's interplay between argument and dramatic context. . . . Pangle's translation captures the excitement and the drama of Plato's text."—Mary P. Nichols, Ancient Philosophy
"Pangle's achievement is remarkable. . . . The accompanying interpretive essay is an excellent distillation of a dialogue three times its size. The commentary is thoughtful, even profound; and it amply demonstrates the importance of reading Plato carefully and from a translation that is true to his language."—Patrick Coby, American Political Science Review
The laws that governed the institution of slavery in early Texas were enacted over a fifty-year period in which Texas moved through incarnations as a Spanish colony, a Mexican state, an independent republic, a part of the United States, and a Confederate state. This unusual legal heritage sets Texas apart from the other slave-holding states and provides a unique opportunity to examine how slave laws were enacted and upheld as political and legal structures changed. The Laws of Slavery in Texas makes that examination possible by combining seminal historical essays with excerpts from key legal documents from the slave period and tying them together with interpretive commentary by the foremost scholar on the subject, Randolph B. Campbell.
Campbell's commentary focuses on an aspect of slave law that was particularly evident in the evolving legal system of early Texas: the dilemma that arose when human beings were treated as property. As Campbell points out, defining slaves as moveable property, or chattel, presented a serious difficulty to those who wrote and interpreted the law because, unlike any other form of property, slaves were sentient beings. They were held responsible for their crimes, and in numerous other ways statute and case law dealing with slavery recognized the humanness of the enslaved. Attempts to protect the property rights of slave owners led to increasingly restrictive laws—including laws concerning free blacks—that were difficult to uphold. The documents in this collection reveal both the roots of the dilemma and its inevitable outcome.
In perceptions of Western law there is an enduring disparity between law's pervasive power and its fragility. Many of these essays provide graphic accounts of law's tremendous shaping power in that massive occidental movement which settled and unsettled the globe. These accounts point to the West's encompassing and transforming of other peoples and other legal systems in ways which constitute and confirm the West in its own self-creation. Other essays deal with situations "within" the West which show how its identity is created, sustained, and also challenged in a constant reference to those contrary "others" which a powerful law has shaped and transformed. This challenge comes not least from the resistance of those "others" --resistances that profoundly disrupt the West and its law, revealing them as fractured at the seemingly confident core of their own self-constitution.
Contributors include Antony Anghie, Rolando Gaete, Alan Norrie, Dianne Otto, Paul Passavant, Jeannine Perdy, Colin Perrin, Annelise Riles, Roshan de Silva, and John Strawson, in addition to the editors.
Eve Darian-Smith is Assistant Professor of Anthropology, University of California, Santa Barbara. Peter Fitzpatrick is Professor of Law, Queen Mary and Westfield College, University of London.
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense.
The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community.
According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.
Final thoughts on an ideal constitution.
Plato, the great philosopher of Athens, was born in 427 BC. In early manhood an admirer of Socrates, he later founded the famous school of philosophy in the grove Academus. Much else recorded of his life is uncertain; that he left Athens for a time after Socrates’ execution is probable; that later he went to Cyrene, Egypt, and Sicily is possible; that he was wealthy is likely; that he was critical of “advanced” democracy is obvious. He lived to be 80 years old. Linguistic tests including those of computer science still try to establish the order of his extant philosophical dialogues, written in splendid prose and revealing Socrates’ mind fused with Plato’s thought.
In Laches, Charmides, and Lysis, Socrates and others discuss separate ethical conceptions. Protagoras, Ion, and Meno discuss whether righteousness can be taught. In Gorgias, Socrates is estranged from his city’s thought, and his fate is impending. The Apology (not a dialogue), Crito, Euthyphro, and the unforgettable Phaedo relate the trial and death of Socrates and propound the immortality of the soul. In the famous Symposium and Phaedrus, written when Socrates was still alive, we find the origin and meaning of love. Cratylus discusses the nature of language. The great masterpiece in ten books, the Republic, concerns righteousness (and involves education, equality of the sexes, the structure of society, and abolition of slavery). Of the six so-called dialectical dialogues Euthydemus deals with philosophy; metaphysical Parmenides is about general concepts and absolute being; Theaetetus reasons about the theory of knowledge. Of its sequels, Sophist deals with not-being; Politicus with good and bad statesmanship and governments; Philebus with what is good. The Timaeus seeks the origin of the visible universe out of abstract geometrical elements. The unfinished Critias treats of lost Atlantis. Unfinished also is Plato’s last work, Laws, a critical discussion of principles of law which Plato thought the Greeks might accept.
The Loeb Classical Library edition of Plato is in twelve volumes.
Final thoughts on an ideal constitution.
Plato, the great philosopher of Athens, was born in 427 BC. In early manhood an admirer of Socrates, he later founded the famous school of philosophy in the grove Academus. Much else recorded of his life is uncertain; that he left Athens for a time after Socrates’ execution is probable; that later he went to Cyrene, Egypt, and Sicily is possible; that he was wealthy is likely; that he was critical of “advanced” democracy is obvious. He lived to be 80 years old. Linguistic tests including those of computer science still try to establish the order of his extant philosophical dialogues, written in splendid prose and revealing Socrates’ mind fused with Plato’s thought.
In Laches, Charmides, and Lysis, Socrates and others discuss separate ethical conceptions. Protagoras, Ion, and Meno discuss whether righteousness can be taught. In Gorgias, Socrates is estranged from his city’s thought, and his fate is impending. The Apology (not a dialogue), Crito, Euthyphro, and the unforgettable Phaedo relate the trial and death of Socrates and propound the immortality of the soul. In the famous Symposium and Phaedrus, written when Socrates was still alive, we find the origin and meaning of love. Cratylus discusses the nature of language. The great masterpiece in ten books, the Republic, concerns righteousness (and involves education, equality of the sexes, the structure of society, and abolition of slavery). Of the six so-called dialectical dialogues Euthydemus deals with philosophy; metaphysical Parmenides is about general concepts and absolute being; Theaetetus reasons about the theory of knowledge. Of its sequels, Sophist deals with not-being; Politicus with good and bad statesmanship and governments; Philebus with what is good. The Timaeus seeks the origin of the visible universe out of abstract geometrical elements. The unfinished Critias treats of lost Atlantis. Unfinished also is Plato’s last work, Laws, a critical discussion of principles of law which Plato thought the Greeks might accept.
The Loeb Classical Library edition of Plato is in twelve volumes.
Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions—some of which have proved remarkably durable even in the face of contrary evidence—and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Yeazell argues that today’s system has in some ways overcome—albeit inconsistently—disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today—even though we continue to witness enormous disparities in wealth and power.
The book concludes with an evaluation of recent changes and their possible consequences.
Lawyers and the legal profession have become scapegoats for many of the problems of our age. In The Lawyer Myth: A Defense of the American Legal Profession, Rennard Strickland and Frank T. Read look behind current antilawyer media images to explore the historical role of lawyers as a balancing force in times of social, economic, and political change. One source of this disjunction of perception and reality, they find, is that American society has lost touch with the need for the lawyer’s skill and has come to blame unrelated social problems on the legal profession. This highly personal and impassioned book is their defense of lawyers and the rule of law in the United States.
The Lawyer Myth confronts the hypocrisy of critics from both the right and the left who attempt to exploit popular misperceptions about lawyers and judges to further their own social and political agendas. By revealing the facts and reasoning behind the decisions in such cases as the infamous McDonald’s coffee spill, the authors provide a clear explanation of the operation of the law while addressing misconceptions about the number of lawsuits, runaway jury verdicts, and legal “technicalities” that turn criminals out on the street.
Acknowledging that no system is perfect, the authors propose a slate of reforms for the bar, the judiciary, and law schools that will enable today’s lawyers—and tomorrow’s—to live up to the noble potential of their profession. Whether one thinks of lawyers as keepers of the springs of democracy, foot soldiers of the Constitution, architects and carpenters of commerce, umpires and field levelers, healers of the body politic, or simply bridge builders, The Lawyer Myth reminds us that lawyers are essential to American democracy.
Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror.
Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice.
The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
Bennett draws on his experience as a lawyer, judge, and law teacher, as well as upon oral histories of lawyers and judges, in his exploration of how and why the legal profession has lost its ennobling mythology. Effectively using examples from history, philosophy, psychology, mythology, and literature, Bennett shows that the loss of professionalism is more than merely the emergence of win-at-all-cost strategies and a scramble for personal wealth. It is something more profound—a loss of professional community and soul. Bennett identifies the old heroic myths of American lawyers and shows how they informed the values of professionalism through the middle of the last century. He shows why, in our more diverse society, those myths are inadequate guides for today's lawyers. And he also discusses the profession's agony over its trickster image and demonstrates how that archetype is not only a psychological reality, but a necessary component of a vibrant professional mythology for lawyers.
At the heart of Bennett's eloquently written book is a call to reinvigorate the legal professional community. To do this, lawyers must revive their creative capacities and develop a meaningful, professional mythology—one based on a deeper understanding of professionalism and a broader, more compassionate ideal of justice.
Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.
Lawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them.
Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of:
- the geographic scope and activities covered by the Clean Water Act
- the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency
- the goal of no net loss of wetlands
- the role of entrepreneurial wetland mitigation banking
- the tension between wetland mitigation bankers and in-lieu fee mitigation programs
- wetland regulation and private property rights.
The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective.
A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.
On the morning of December 4, 1972, the small north Alabama town of Scottsboro was shaken when a bomb ripped through the car of a prominent attorney. What followed were two years of unyielding
investigation resulting in the arrest of the town's wealthiest landowner. The trial that followed pitted Bill Baxley, a young, ambitious Alabama attorney general, against the state's most prominent lawyers.
Lay Down with Dogs is the story of a small southern town as it makes the transition from an agrarian hamlet to progressive New South suburbia. It is also the story of a twisted but powerful character, bent on revenge, whose motive was as enigmatic as the man himself. And it is the story of a young prosecutor, willing to risk a promising political future in order to pursue his sense of justice.
This book is not only a well-researched account but also a fascinating story of crime, the court, and the many characters brought together at one time and in one place to participate--for good or evil--in an unforgettable drama.
The eight articles in this volume reexamine the syntactic and semantic analyses of aspect that have been proposed mainly on the basis of aspectual expressions in English. The authors contrast expressions sharing an analogous morpho-syntactic make-up and some core distributional and semantic properties, drawing on a wide range of new empirical data from languages as diverse as Syrian Arabic, Urdu, Brazilian Portuguese, Russian, Indonesian, and German. The papers address four aspect-related problems in particular: the grammatical and semantic constraints on the different readings of the present perfect, the semantic and syntactic analysis of auxiliaries, the impact of adverbial expressions on the aspectual properties of the sentence, and morphology-semantics mapping.
In Laying Claim: African American Cultural Memory and Southern Identity, Patricia Davis identifies the Civil War as the central narrative around which official depictions of southern culture have been defined. Because that narrative largely excluded African American points of view, the resulting southern identity was monolithically white. Davis traces how the increasing participation of black public voices in the realms of Civil War memory—battlefields, museums, online communities—has dispelled the mirage of “southernness” as a stolid cairn of white culture and has begun to create a more fluid sense of southernness that welcomes contributions by all of the region’s peoples.
Laying Claim offers insightful and penetrating examinations of African American participation in Civil War reenactments; the role of black history museums in enriching representations of the Civil War era with more varied interpretations; and the internet as a forum within which participants exchange and create historical narratives that offer alternatives to unquestioned and dominant public memories. From this evolving cultural landscape, Davis demonstrates how simplistic caricatures of African American experiences are giving way to more authentic, expansive, and inclusive interpretations of southernness.
As a case-study and example of change, Davis cites the evolution of depictions of life at Thomas Jefferson’s Monticello. Where visitors to the site once encountered narratives that repeated the stylized myth of Monticello as a genteel idyll, modern accounts of Jefferson’s day offer a holistic, inclusive, and increasingly honest view of Monticello as the residents on every rung of the social ladder experienced it.
Contemporary violence and attacks about or inspired by the causes, outcomes, and symbols of the Civil War, even one hundred and fifty years after its end, add urgency to Davis’s argument that the control and creation of public memories of that war is an issue of concern not only to scholars but all Americans. Her hopeful examination of African American participation in public memory illuminates paths by which this enduring ideological impasse may find resolutions.
Winner of the John Phillip Reed Book Award, American Society for Legal History
A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries.
Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes.
In his comparative investigation of these epic reform projects, noted legal historian R. W. Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions.
Drawing on rich archival sources, Kostal probes how legal-reconstructive successes were impeded by German and Japanese resistance on one side, and by the glaring deficiencies of American theory, planning, and administration on the other. Kostal argues that the manifest failings of America’s own rule-of-law democracy weakened US credibility and resolve in bringing liberal democracy to occupied Germany and Japan.
In Laying Down the Law, Kostal tells a dramatic story of the United States as an ambiguous force for moral authority in the Cold War international system, making a major contribution to American and global history of the rule of law.
T. R. Fehrenbach Award, 1997
As he worked to build his Great Society, Lyndon Johnson often harkened back to his teaching days in the segregated "Mexican" school at Cotulla, Texas. Recalling the poverty and prejudice that blighted his students' lives, Johnson declared, "It never occurred to me in my fondest dreams that I might have the chance to help the sons and daughters of those students and to help people like them all over this country. But now I do have that chance—and I'll let you in on a secret—I mean to use it."
This book explores the complex and sometimes contradictory relations between LBJ and Mexican Americans. Julie Pycior shows that Johnson's genuine desire to help Mexican Americans—and reap the political dividends—did not prevent him from allying himself with individuals and groups intent on thwarting Mexican Americans' organizing efforts. Not surprisingly, these actions elicited a wide range of response, from grateful loyalty to, in some cases, outright opposition. Mexican Americans' complicated relationship with LBJ influenced both their political development and his career with consequences that reverberated in society at large.
In this insightful study, Paul Y. Hammond, an experienced analyst of bureaucratic politics, adapts and extends that approach to explain and evaluate the Johnson administration’s performance in foreign relations in terms that have implications for the post–Cold War era.
The book is structured around three case studies of Johnson’s foreign policy decision making. The first study examines economic and political development. It explores the way Johnson handled the provision of economic and food assistance to India during a crisis in India’s food policies. This analysis provides lessons not only for dealing with African famine in later years but also for assisting Eastern Europe and the former Soviet Union.
The second case study focuses on U.S. relations with Western Europe at a time that seemed to require a major change in the NATO alliance. Here, Hammond illuminates the process of policy innovation, particularly the costs of changing well-established policies that embody an elaborate network of established interests. The third case study treats the Vietnam War, with special emphasis on how Johnson decided what to do about Vietnam. Hammond critiques the rich scholarship available on Johnson’s advisory process, based on his own reading of the original sources.
These case studies are set in a larger context of applied theory that deals more generally with presidential management of foreign relations, examining a president’s potential for influence on the one hand and the constraints on his or her capacity to control and persuade on the other. It will be important reading for all scholars and policymakers interested in the limits and possibilities of presidential power in the post–Cold War era.
Decades later, the Vietnam War remains a divisive memory for American society. Partisans on all sides still debate why the war was fought, how it could have been better fought, and whether it could have been won at all.
In this major study, a noted expert on the war brings a needed objectivity to these debates by examining dispassionately how and why President Lyndon Johnson and his administration conducted the war as they did. Drawing on a wealth of newly released documents from the LBJ Library, including the Tom Johnson notes from the influential Tuesday Lunch Group, George Herring discusses the concept of limited war and how it affected President Johnson's decision making, Johnson's relations with his military commanders, the administration's pacification program of 1965-1967, the management of public opinion, and the "fighting while negotiating" strategy pursued after the Tet Offensive in 1968.
The author's in-depth analysis exposes numerous flaws in Johnson's management of the war. In Herring's view, the Johnson administration lacked any overall strategy for conducting the war. No change in approach was ever discussed, despite popular and even administration dissatisfaction with the progress of the war, and no oversight committee coordinated the activities of the military services and various governmental agencies, which were left to follow their own, often conflicting, agendas.
A Christian Science Monitor Best Nonfiction Book of the Year
“In his masterful new biography, Randall B. Woods convincingly makes the case for Johnson’s greatness—as the last American president whose leadership achieved truly revolutionary breakthroughs in progressive domestic legislation, bringing changes that have improved the lives of most Americans. In this compelling, massive narrative, Woods portrays Johnson fairly and fully in all his complexity, with adequate attention to flaws in his character and his tragic miscalculations in Vietnam.”—Nick Kotz, Washington Post Book World
“In writing LBJ: Architect of American Ambition, Woods has produced an excellent biography that fully deserves a place alongside the best of the Johnson studies yet to appear…Even readers familiar with the many other fine books on Johnson will learn a great deal from Woods…Among Woods’s many achievements in this fine biography is to allow us to see not only the enormous, tragic flaws in this extraordinary man, but also the greatness.”—Alan Brinkley, New York Times Book Review
A distinguished historian of twentieth-century America, Randall B. Woods offers a wholesale reappraisal and sweeping, authoritative account of the life of one of the most fascinating and complex U.S. presidents.
During the five full years of his presidency (1964–1968), Lyndon Johnson initiated a breathtaking array of domestic policies and programs, including such landmarks as the Civil Rights Act, Head Start, Food Stamps, Medicare and Medicaid, the Immigration Reform Act, the Water Quality Act, the Voting Rights Act, Social Security reform, and Fair Housing. These and other “Great Society” programs reformed the federal government, reshaped intergovernmental relations, extended the federal government’s role into new public policy arenas, and redefined federally protected rights of individuals to engage in the public sphere. Indeed, to a remarkable but largely unnoticed degree,Johnson’s domestic agenda continues to shape and influence current debates on major issues such as immigration, health care, higher education funding, voting rights, and clean water, even though many of his specific policies and programs have been modified or, in some cases, dismantled since his presidency.
LBJ’s Neglected Legacy examines the domestic policy achievements of one of America’s most effective, albeit controversial, leaders. Leading contributors from the fields of history, public administration, economics, environmental engineering, sociology, and urban planning examine twelve of LBJ’s key domestic accomplishments in the areas of citizenship and immigration, social and economic policy, science and technology, and public management. Their findings illustrate the enduring legacy of Johnson’s determination and skill in taking advantage of overwhelming political support in the early years of his presidency to push through an extremely ambitious and innovative legislative agenda, and emphasize the extraordinary range and extent of LBJ’s influence on American public policy and administration.
There is no doubt about Le Corbusier's dominating stature in twentieth century architecture. Here, for the first time, is a richly illustrated portrait of the way he worked out a design from inception to completion; it is an examination of the creative process that looks over the architect's shoulder, seeing his governing principles and typical strategies as well as his working habits and personality.
The book recounts the story of a building that for its creator had a special significance. The Carpenter Center for the Visual Arts at Harvard was one of his last buildings. Le Corbusier was aware that it would be his only one in the United States and thus his only chance to teach an object lesson in a country about which he had very strong feelings. William Curtis describes the Carpenter Center and traces, step by step, the development of its design. Eduard Sekler assesses the building's aesthetics, especially in relation to Le Corbusier's total oeuvre. Rudolph Arnheim and Barbara Norfleet contribute chapters that look at the Carpenter Center as an exercise in creativity and assess its psychological effect and its ability to meet the changing needs of its users.
Brian Brace Taylor draws on extensive archival research to reconstruct each step of the architect's attraction to the commission, his design process and technological innovations, the social and philosophical compatibility of the Salvation Army with Le Corbusier's own ideas for urban planning, and finally, the many modifications required, first to eliminate defects and later to accommodate changes in the services the building provided. Throughout, Taylor focuses on Le Corbusier's environmental, technological, and social intentions as opposed to his strictly formal intentions. He shows that the City of Refuge became primarily a laboratory for the architect's own research and not simply a conventional solution to residents' requirements or the Salvation Army's program.
"There is much in this fine volume for anyone interested not just in architecture, but in the roots of human creativity and in the origins of the most powerful artistic current of our century. . . . This book is a life's work of scholarship. It has been well spent."—Toronto Globe and Mail
In Le Jazz, Matthew F. Jordan deftly blends textual analysis, critical theory, and cultural history in a wide-ranging and highly readable account of how jazz progressed from a foreign cultural innovation met with resistance by French traditionalists to a naturalized component of the country's identity. Jordan draws on sources including ephemeral critical writing in the press and twentieth-century French literature to trace the country's reception of jazz, from the Cakewalk dance craze and the music's significance as a harbinger of cultural recovery after World War II to its place within French ethnography and cultural hybridity.
Countering the histories of jazz's celebratory reception in France, Jordan delves in to the reluctance of many French citizens to accept jazz with the same enthusiasm as the liberal humanists and cosmopolitan crowds of the 1930s. Jordan argues that some listeners and critics perceived jazz as a threat to traditional French culture, and only as France modernized its identity did jazz become compatible with notions of Frenchness. Le Jazz speaks to the power of enlivened debate about popular culture, art, and expression as the means for constructing a vibrant cultural identity, revealing crucial keys to understanding how the French have come to see themselves in the postwar world.
Bringing to the fore the voices of Maya authors and what their poetry tells us about resistance, sovereignty, trauma, and regeneration
In 1954, Guatemala suffered a coup d’etat, resulting in a decades-long civil war. During this period, Indigenous Mayans were subject to displacement, disappearance, and extrajudicial killing. Within the context of the armed conflict and the postwar period in Guatemala, K’iche’ Maya scholar Emil’ Keme identifies three historical phases of Indigenous Maya literary insurgency in which Maya authors use poetry to dignify their distinct cultural, political, gender, sexual, and linguistic identities.
Le Maya Q’atzij / Our Maya Word employs Indigenous and decolonial theoretical frameworks to critically analyze poetic works written by ten contemporary Maya writers from five different Maya nations in Iximulew/Guatemala. Similar to other Maya authors throughout colonial history, these authors and their poetry criticize, in their own creative ways, the continuing colonial assaults to their existence by the nation-state. Throughout, Keme displays the decolonial potentialities and shortcomings proposed by each Maya writer, establishing a new and productive way of understanding Maya living realities and their emancipatory challenges in Iximulew/Guatemala.
This innovative work shows how Indigenous Maya poetics carries out various processes of decolonization and, especially, how Maya literature offers diverse and heterogeneous perspectives about what it means to be Maya in the contemporary world.
Les textes rassemblés dans le présent recueil analysent et commentent les changements économiques survenus ces dix dernières années en revenant sur leurs acteurs principaux, sur certains symptômes de la crise ainsi que sur des phénomènes qui ont pu apparaître jusque-là comme marginaux. Loin d’adopter une approche simplificatrice ou moralisante, Christian Marazzi relit les enseignements de Michel Foucault sur la biopolitique pour tenter d’interpréter les bouleversements contemporains comme des transformations fondamentales du politique.
The regiment that never ran
To destroy Confederate infrastructure, avenge the horrors of slavery, and shorten the war, the 45th Illinois Volunteer Infantry imposed the pillaging of hard-war philosophy upon Confederate lands. This comprehensive and engaging narrative explores the Civil War ordeals and triumphs of the “Lead Mine men” who hailed from eleven counties in northern Illinois. Thomas B. Mack uncovers the history on this unit of resilient midwesterners and how they brought hard-war to the Confederacy in 1862, earlier than other historians have previously suggested.
During their service the regiment compiled an exceptional record. The 45th fought under General Ulysses S. Grant in the war’s western theater, earning honors at Vicksburg and in Tennessee. The men later reenlisted as veterans and served in General William T. Sherman’s Atlanta, Savannah, and Carolina campaigns. Mack considers the soldiers’ community, discipline, and faith in Providence during their service in the Union Army of the Tennessee and how, despite the unit’s high casualties, they upheld the lowest rate of desertion due to their fervent patriotism.
Throughout The Lead Mine Men, Mack’s focus remains on the soldiers—their extensive training in Galena and Chicago and their time in camp and in combat. He follows their experiences from recruitment to their celebratory march in the 1865 Grand Review to their postwar lives in which many struggled to adjust, receive their government pensions, and protect the unit’s legacy. In this book, Mack broadens our understanding of the Union soldiers who saved their republic and ended slavery within its borders.
During the first half of the 20th century, industrial mining operations caused severe environmental damage to area waterways and lands from releases of lead and other toxic metals, and sulfur gases. Despite the obvious devastation, no effective federal laws regulating mining and smelting operations were passed until the 1970s, due to the influence of the mine and lead industry in state and federal politics, and scientific uncertainties about pollution effects. Harmful human health effects were evident soon after the smelter opened in 1917, when Bunker Hill workers suffered from lead poisoning, but no federal laws regulating workplace lead were passed until the 1970s.
In 1974, lead smelter emissions from Bunker Hill caused the largest epidemic of childhood lead poisoning in U.S. history. That landmark event ultimately led to the EPA mandating federal air lead standards in 1978 and, at the same time, NIOSH passed national standards reducing occupational lead exposures. Bunker Hill could not meet the new standards; consequently, the company closed in 1981, leaving behind a contaminated geographic area that was classified as the largest Superfund site in the United States in 1983.
Leaded is a deeply researched account of one of the greatest environmental disasters in our history. It belongs on the bookshelf of every student of environmental history, western history, mining history, environmental ethics, and environmental law.
Leaders of the Mexican American Generation explores the lives of a wide range of influential members of the US Mexican American community between 1920 and 1965 who paved the way for major changes in their social, political, and economic status within the United States.
Including feminist Alice Dickerson Montemayor, to San Antonio attorney Gus García, and labor activist and scholar Ernesto Galarza, the subjects of these biographies include some of the most prominent idealists and actors of the time. Whether debating in a court of law, writing for a major newspaper, producing reports for governmental agencies, organizing workers, holding public office, or otherwise shaping space for the Mexican American identity in the United States, these subjects embody the core values and diversity of their generation.
More than a chronicle of personalities who left their mark on Mexican American history, Leaders of the Mexican American Generation cements these individuals as major players in the history of activism and civil rights in the United States. It is a rich collection of historical biographies that will enlighten and enliven our understanding of Mexican American history.
It has become a truism that “leadership depends upon the situation,” but few behavioral scientists have attempted to go beyond that statement to examine the specific ways in which leaders should and do vary their behavior with situational demands. Vroom and Yetton select a critical aspect of leadership style-the extent to which the leader encourages the participation of his subordinates in decision-making. They describe a normative model which shows the specific leadership style called for in different classes of situations. The model is expressed in terms of a “decision tree” and requires the leader to analyze the dimensions of the particular problem or decision with which he is confronted in order to determine how much and in what way to share his decision-making power with his subordinates.
Other chapters discuss how leaders behave in different situations. They look at differences in leadership styles, and what situations induce people to display autocratic or participative behavior.
Leadership and Values provides new material in two key areas. First, it is an in-depth study of the organization and administration of large-scale Chinese enterprises, with considerable detail on Chinese behavior in such settings. Second, the author constructs from the Chinese data a framework for the cross-cultural analysis of large-scale organizations. This framework identifies key variables that, when considered systematically, permit a clearer understanding of the role of cultural factors in organizational behavior and design.
The data for this study were gathered by participant-observer techniques at firms in Taiwan, and many of the findings are assumed to apply in large part to behavioral patterns on the mainland and in other areas of Chinese culture.
Although the relationship between elected officials and appointed executives has often been viewed as a struggle between master and servant—with disagreements as to which individuals occupy which roles—Poul Erik Mouritzen’s and James Svara’s comparison of city governments in fourteen countries reveals more interdependence and shared influence than conflict over control.
Mouritzen and Svara bring local government to the forefront, emphasizing the sophisticated level of city management in Australia, Belgium, Denmark, Finland, France, Ireland, Italy, the Netherlands, Norway, Portugal, Spain, Sweden, the United Kingdom, and the United States. Their findings lead to a revision of the general view concerning the boundaries of public administration. <I>Leadership at the Apex</I> illustrates in practical ways how the democratic control of government and professional administration can coexist without undermining the logic or integrity of each other.
Volume 6 of the Leadership Symposia—sponsored by the Department of Administrative Sciences and College of Business Administration at Southern Illinois University, Carbondale—charts the state of the field of leadership through a judicious mixture of established and emerging scholars.
The text is broken into four parts, with each part containing an Introduction by the editors. Part 1 consists of “Leadership and Managerial Behavior as Loosely Coupled Systems for Moving Beyond Establishment Views,” by the editors; “The Relevance of Some Studies of Managerial Work and Behavior to Leadership Research,” Rosemary Stewart; “Unstructured, Nonparticipant Observation and the Study of Leaders’ Interpersonal Contacts,” Robert S. Bussom, Lars L. Larson, and William M. Vicars; “Leaders on Line,” Michael M. Lombardo and Morgan W. McCall, Jr.; and “Various Paths Beyond Establishment Views,” Bernard Wilpert.
Part 2 contains “Multiplexed Supervision and Leadership,” Fred Dansereau, Jr., Joseph A. Alutto, Steven E. Markham, and MacDonald Dumas; “A Theory of Leadership Categorization,” Robert G. Lord, Roseanne J. Foti, and James S. Phillips; “Leadership Activation Theory,” John E. Sheridan, Jeffrey L. Kerr, and Michael A. Abelson; and “Intensity of Relation, Dyadic-Group Considerations, Cognitive Categorization, and Transformational Leadership,” Bernard M. Bass; “Strategies for Dealing with Different Processes in Different Contexts,” Ian Morley, “A Multiplexed Response to Bass and Morley,” Fred Dansereau, Jr., Joseph A. Alutto, Steven E. Markham, and MacDonald Dumas; and “Properly Categorizing the Commentary,” Roseanne J. Foti, Robert G. Lord, and James S. Phillips.
Part 3 contains “SYMLOG and Leadership Theory,” Robert F. Bales and Daniel J. Isenberg; “Toward a Macro-Oriented Model of Leadership: An Odyssey,” James G. Hunt and Richard N. Osborn; and “Toward a Paradigm Shift in the Study of Leadership,” Henry J. Tosi, Jr.
Essays in part 4 are “If You’re Not Serving Bill and Barbara, Then You’re Not Serving Leadership,” Henry Mintzberg; “Beyond Establishment Leadership Views: An Epilog,” by the editors; “Leadership Research and the European Connection: An Epilog,” Dian-Marie Hosking and James G. Hunt; and “Conclusion: The Leadership-Management Controversy Revisited,” Schriesheim, Hunt, and Sekaran.
How can public officials move large government agencies to produce significant results? In Leadership Counts, Robert Behn explains exactly what managers in the inherently political environment of government need to do to obtain such performance.
In 1983 the leadership of the Massachusetts Department of Public Welfare—Charles M. Atkins, Thomas P. Glynn, Barbara Burke-Tatum, and Jolie Bain Pillsbury—set out to educate and train welfare recipients, place them in good jobs, and move them from dependency to self-sufficiency. From these efforts to accomplish a specific and important public purpose, Behn extracts the fundamental ingredients of successful public leadership.
Behn’s analysis spans the spectrum of managerial tasks—from the almost spiritual responsibility to create and communicate a public mission to the seemingly mundane chore of motivating specific individuals to accomplish specific tasks. He describes how to manage for performance, examines how effective leaders can use external success to build internal morale, and analyzes the dilemmas of evaluating ongoing and evolving public policies. He explains in detail how accomplishing specific purposes requires “management by groping along.” And he analyzes three different metastrategies for government executives—strategies that emphasize policy, administration, or leadership.
Leadership Counts is more than an intriguing success story. It offers specific lessons that the nominal head of any government agency can employ to become the organization’s true leader. This insightful book will be of interest not only to students and teachers of public management but to leaders at all levels of government—from the principal of a school to the secretary of defense.
Leadership for Sustainability gives readers perspective and skills for promoting creative and collaborative solutions. Blending systems thinking approaches with leadership techniques, it offers dozens of strategies and specific practices that build on the foundation of three main skills: connecting, collaborating, and adapting. Inspiring case studies show how the book’s strategies and principles can be applied to diverse situations:
- Coordinating the activities of widely dispersed individuals and groups who may not even know they are connected, illustrated by the work of urban planners, local businesses, citizens, and other stakeholders advancing ambitious climate action goals via a Community Energy Plan in Arlington County, Virginia
- Collaborating with diverse stakeholders to span boundaries despite their differences of opinion, expertise, and culture, as illustrated by the bold actions of a social entrepreneur who transformed the global food service industry with the “plant-forward” movement
- Adapting to continuous change and confounding uncertainty, as a small nonprofit organization mobilizes partners to tackle poverty, water scarcity, sanitation, and climate change in rural India
Leadership from the Margins describes and analyzes the unique leadership styles and challenges facing the women leaders of CSOs in Argentina, Chile, and El Salvador. Based on ethnographic research, Serena Cosgrove's analysis offers a nuanced account of the distinct struggles facing women, and how differences of class, political ideology, and ethnicity have informed their outlook and organizing strategies. Using a gendered lens, she reveals the power and potential of women's leadership to impact the direction of local, regional, and global development agendas.
How does the leadership of a Senate committee influence the outcome of bills? In Leadership in Committee C. Lawrence Evans delves into the behavior of legislative leaders and the effects of what they do, how their tactics vary, and why. Using evidence gleaned from personal interviews with a large number of U.S. senators and Senate staff, the author compares the leadership styles of eight committee chairs and ranking minority members in the U.S. Senate. The result is a significant contribution to the literature on American politics, the first book-length, comparative analysis of legislative leadership behavior in the modern Senate.
". . . .this book is highly recommended reading for those interested in both legislative politics and political leadership. . . .Leadership in Committee establishes Evans as one of the handful of political scientists who have done justice to the subtleties of politics in the modern Senate."
---Randall Strahan, Journal of Politics
"Larry Evans has significantly influenced my own work over the years, and Leadership in Committee is one reason why. It is a model of great scholarship, the best work on committee leadership ever written. It has the discriminatory sense of context that appears only when the author truly knows his subject. It is theoretical without being reductionist or vacuously abstract. Its principal claims are general yet sufficiently concrete to be testable, and Evans provides systematic, comparative evidence to support (or qualify) each of them. Larger issues of agenda-setting, institutional structure, partisanship, anticipated reactions, participation, committee-floor bargaining, and strategic action of various kinds receive thoughtful and insightful examination. And the book is simply a terrific read. Too long in coming, the publication of Leadership in Committee in paperback ought to spark a well-deserved revival of interest in this work."
---Richard L. Hall, University of Michigan
READERS
Browse our collection.
PUBLISHERS
See BiblioVault's publisher services.
STUDENT SERVICES
Files for college accessibility offices.
RECENTLY PUBLISHED
UChicago Accessibility Resources
home | accessibility | search | about | contact us
BiblioVault ® 2001 - 2024
The University of Chicago Press