A SCHOLARLY BOOK REPOSITORY
Law and the Living Colorado River asserts that the so-called Law of the River—the vast assemblage of interstate compacts, international treaties, federal and state statutes, regulations, contracts, and other legal documents governing use and management of the Colorado River—ignores the needs of the river as a nested system of aquatic and aquatic-dependent ecosystems. Although society now recognizes and appreciates the natural values of the Colorado River, the Law of the River remains fixed in service of human economies like irrigation and hydropower. Robert W. Adler contends that the law must respond to changing values that prioritize natural systems alongside human ones. He proposes acknowledging the legal rights of the river itself, following the recent movement to recognize rights of nature in other ecosystems around the world. Recognizing that U.S. law has significant barriers to that proposal, however, Adler borrows from aspects of international water law to propose as a shorter-term strategy amendments to the Colorado River Compact that would enhance protection of the river’s environmental needs and values.
Adler delivered this lecture on March 17, 2022, at the 27th annual symposium of the Wallace Stegner Center for Land, Resources and the Environment, jointly sponsored by the Wallace Stegner Center and the Water & Tribes Initiative | Colorado River Basin.
In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence.
Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons.
In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.
While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality.
These essays should appeal to scholars in law and in psychology.
The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek.
David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.
“No nation can win a battle without faith,” Steve Biko wrote, and as Daniel R. Magaziner demonstrates in The Law and the Prophets, the combination of ideological and theological exploration proved a potent force.
The 1970s are a decade virtually lost to South African historiography. This span of years bridged the banning and exile of the country’s best-known antiapartheid leaders in the early 1960s and the furious protests that erupted after the Soweto uprisings of June 16, 1976. Scholars thus know that something happened—yet they have only recently begun to explore how and why.
The Law and the Prophets is an intellectual history of the resistance movement between 1968 and 1977; it follows the formation, early trials, and ultimate dissolution of the Black Consciousness movement. It differs from previous antiapartheid historiography, however, in that it focuses more on ideas than on people and organizations. Its singular contribution is an exploration of the theological turn that South African politics took during this time. Magaziner argues that only by understanding how ideas about race, faith, and selfhood developed and were transformed in this period might we begin to understand the dramatic changes that took place.
The economy of the Roman Empire was predominantly agrarian: Roman landowners, agricultural laborers, and small tenant farmers were highly dependent upon one another for assuring stability. By examining the property rights established by the Roman government, in particular the laws concerning land tenure and the contractual relationships between wealthy landowners and the tenant farmers to whom they leased their land, Dennis P. Kehoe is able to demonstrate how the state fostered economic development and who benefited the most. In this bold application of economic theory, Kehoe explores the relationship between Roman private law and the development of the Roman economy during a crucial period of the Roman Empire, from the second to the fourth century C.E. Kehoe is able to use the laws concerning land tenure, and the Roman government's enforcement of those laws, as a window through which to develop a more comprehensive view of the Roman economy. With its innovative application of the methodologies of law and economics and the New Institutional Economics Law and the Rural Economy in the Roman Empire is a groundbreaking addition to the study of the Roman economy.
Dennis P. Kehoe is Professor of Classical Studies at Tulane University. He is the author of several books, including Investment, Profit, and Tenancy: The Jurists and the Roman Agrarian Economy(University of Michigan Press, 1997).
"Kehoe brings his deep expertise in Roman land tenure systems and his broad knowledge of the methodologies of New Institutional Economics to bear on questions of fundamental importance regarding the relationship of Roman law and society. Was governmental policy on agriculture designed to benefit large landowners or small farmers? What impact did it have on the rural economy? The fascinating answers Kehoe provides in this pathbreaking work should occasion a major reassessment of such problems by social and legal historians."
---Thomas McGinn, Department of Classical Studies at Vanderbilt University, and author of The Economy of Prostitution in the Roman World: A Study of Social History and the Brothel and Prostitution, Sexuality, and the Law in Ancient Rome
"A ground-breaking study using the principles of New Institutional Economics to analyze the impact of legal policy in balancing the interests of Roman tenant-farmers and landowners in the 2-4 centuries C.E. Kehoe's book will be essential reading for historians of the Roman Empire, demonstrating how the government overcame challenges and contradictions as it sought to regulate this enormous sector of the economy."
---Susan D. Martin, Department of Classics, University of Tennessee
"In Law and the Rural Economy, Kehoe brings to life the workings of the ancient economy and the Roman legal system. By analyzing interactions between the imperial government, landlords, and tenant farmers in provinces across the Empire, Kehoe opens insights into imperial economic policy. He handles a variety of challenging sources with mastery and wit, and his knowledge of scholarship is extensive and thorough, covering ancient history, textual problems in the sources, legal history and, perhaps most impressively, the modern fields of economic theory and 'law and economics.' Kehoe's innovative and sophisticated methodology sets his work apart. The book will make an important contribution to our understanding of access to the law and the effectiveness of the legal system, important topics for scholars of law, ancient and modern."
---Cynthia J. Bannon, Department of Classical Studies, Indiana University
The notion of law as a social phenomenon would have surprised educators and scholars a century ago. For them, law was a science and the library was the ultimate source of all legal knowledge. Our contemporary willingness to see law in a social context—reflecting social relations, for example, or precipitating social changes—is a relatively recent development, spurred during the last quarter century by the work of a generation of scholars (mostly social scientists and law professors) who believe the perspectives of the social sciences are essential to a better understanding of the law.
Law and the Social Sciences provides a unique and authoritative assessment of modern sociolegal research. Its impressive range and depth, the centrality of its concerns, and the stature of its contributors all attest to the vitality of the law-and-society movement and the importance of interdisciplinary work in this field.
Each chapter is both an exposition of its author’s point of view and a survey of the pertinent literature. In treating such topics as law and the economic order, legal systems of the world, the deterrence doctrine, and access to justice, the authors explore overlapping themes—the tension between public and private domains, between diffused and concentrated power, between the goals of uniformity and flexibility, between costs and benefits—that are significant to observers not only of our legal institutions but of other social systems as well.
Law and the Social Sciences was first published in 1966. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.
The author, a distinguished authority on law, provides an illuminating and challenging discussion of the social aspects of law and legal problems. As a background to some penetrating observations, he takes stock of the contributions and interrelations of the bodies of knowledge, from both the juristic and the social science side, which bear upon the study of law at the present time. He is concerned to show the respects in which jurisprudential ideas in this area have been stimulated and clarified by work in the social sciences, and, conversely, to draw attention to the need for the increased interest of social scientists in this area to take account of juristic insights, many of them of long standing. He points out some of the dangers, not limited to waste of effort, arising from "parochialism" on the part of either the lawyer or the social scientist. The final section is devoted to a study of the contributions, potentialities, and limits of behavioralist and computer techniques in understanding and operating the appellate judicial process.
The book is based on a series of three lectures given by the author as the William S. Pattee Memorial Lectures sponsored by the University of Minnesota Law School.
Individual essays discuss the culpability of those who record violence, the history of racialized violence as it streams through police bodycams, the idea of digital images as objective or neutral, the logics of surveillance and transparency, and a defense of anonymity in the digital age.
Contributors include Benjamin J. Goold, Torin Monahan, Kelli Moore, Eden Osucha, Jennifer Peterson, and Carrie A. Rentschler.
From birth certificates and marriage licenses to food safety regulations and speed limits, law shapes nearly every moment of our lives. Ubiquitous and ambivalent, the law is charged with both maintaining social order and protecting individual freedom. In this book, Cynthia L. Cates and Wayne V. McIntosh explore this ambivalence and document the complex relationship between the web of law and everyday life.
They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites.
Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers.
"That over forty years after they were delivered these famous but unavailable Gifford Lectures should be published is occasion for celebration. Once again we hear Daube’s voice, patient and probing, as he turns over, tests, pushes fresh inquiries, and finds new insights. No man has had such a subtle sense of scriptural texts matched by such a supple sense of the practices and peculiarities of human beings engaged in the legal process. Law and Wisdom in the Bible is classic Daube." mdash;John T. Noonan Jr., United States Circuit Judge
David Daube (1909–99) was known for his unique and sophisticated research on Roman law, biblical law, Jewish Law, and medical ethics. In Law and Wisdom in the Bible, the first published collection of his 1964 Gifford Lectures, Daube derives from his complex understanding of biblical texts both ancient and contemporary notions about wisdom, justice, and education.
In addressing these and other profound issues, Daube crosses traditional disciplinary boundaries and bridges the
gap between humanism and religion, especially with regard to Christianity and Judaism. With his sophisticated understanding of Talmudic law and literature, his thinking, which is on full display in these lectures, revolutionized prevailing perceptions about the New Testament.
One of the major players in the 1920s debates, an outspoken critic of the Versailles Treaty and the Weimar Constitution, and a member of the Nazi party who provided juridical respectability to Hitler’s policies, Schmitt contended that people are a polity only to the extent that they share common enemies. He saw the liberal notion of a peaceful world of universal citizens as a sheer impossibility and attributed the problems of Weimar to liberalism and its inability to cope with pluralism and political conflict. In the decade since his death, Schmitt’s writings have been taken up by both the right and the left and scholars differ greatly in their evaluation of Schmitt’s ideas. Law as Politics thematically organizes in one volume the varying engagements and confrontations with Schmitt’s work and allows scholars to acknowledge—and therefore be in a better position to negotiate—an important paradox inscribed in the very nature of liberal democracy.
Law as Politics will interest political philosophers, legal theorists, historians, and anyone interested in Schmitt’s relevance to current discussions of liberalism.
Contributors. Heiner Bielefeldt, Ronald Beiner, Ernst-Wolfgang Bockenforde, Renato Cristi, David Dyzenhaus, Robert Howse, Ellen Kennedy, Dominique Leydet, Ingeborg Maus, John P. McCormick, Reinhard Mehring, Chantal Mouffe, William E. Scheuerman, Jeffrey Seitzer
Carl Schneider is Professor of Law, University of Michigan Law School.
The Law Code of Viṣṇu (Vaiṣṇava-Dharmaśāstra) is one of the latest of the ancient Indian legal texts composed around the seventh century CE in Kashmir. Both because the Vaiṣṇava-Dharmaśāstra is the only Dharmaśāstra that can be geographically located and because it introduces some interesting and new elements into the discussion of Dharmaśāstric topics, this is a document of interest both to scholars of Indian legal literature and to cultural historians of India, especially of Kashmir. The new elements include the first Dharmaśāstric evidence for a wife burning herself at her husband’s cremation and the intrusion of devotional religion (bhakti) into Dharmaśāstras.
This volume contains a critical edition of the Sanskrit text based on fifteen manuscripts, an annotated English translation, and an introduction evaluating its textual history, its connections to previous Dharmaśāstras, its date and provenance, its structure and content, and the use made of it by later medieval writers.
influence of law on Italian society during the Renaissance,
especially in the spheres of family and women. Kuehn's use
of legal sources along with letters, diaries, and
contemporary accounts allows him to present a compelling
image of the social processes that affected the shape and
function of the law.
The numerous law courts of Italian city-states
constantly devised and revised statutes. Kuehn traces the
permutations of these laws, then examines their use by
Florentines to arbitrate conflict and regulate social
behavior regarding such issues as kinship, marriage,
business, inheritance, illlegitimacy, and gender. Ranging
from one man's embittered denunciation of his father to
another's reaction to his kinsmen's rejection of him as
illegitimate, Law, Family, and Women provides
fascinating evidence of the tensions riddling family life in
Renaissance Florence. Kuehn shows how these same tensions,
often articulated in and through the law, affected women. He
examines the role of the mundualdus—a male legal guardian
for women—in Florence, the control of fathers over their
married daughters, and issues of inheritance by and through
women. An ambitious attempt to reformulate the agenda of
Renaissance social history, Kuehn's work will be of value to
both legal anthropologists and social historians.
Thomas Kuehn is professor of history at Clemson
University.
"Esto no es cosa de armas" (this is not a matter for weapons). These were the last words of Don Francisco Gutiérrez before Alonzo W. Allee shot and killed him and his son, Manuel Gutiérrez. What began as a simple dispute over Allee's unauthorized tenancy on a Gutiérrez family ranch near Laredo, Texas, led not only to the slaying of these two prominent Mexican landowners but also to a blatant miscarriage of justice.
In this engrossing account of the 1912 crime and the subsequent trial of Allee, Beatriz de la Garza delves into the political, ethnic, and cultural worlds of the Texas-Mexico border to expose the tensions between the Anglo minority and the Mexican majority that propelled the killings and their aftermath. Drawing on original sources, she uncovers how influential Anglos financed a first-class legal team for Allee's defense and also discusses how Anglo-owned newspapers helped shape public opinion in Allee's favor. In telling the story of this long-ago crime and its tragic results, de la Garza sheds new light on the interethnic struggles that defined life on the border a century ago, on the mystique of the Texas Rangers (Allee was said to be a Ranger), and on the legal framework that once institutionalized violence and lawlessness in Texas.
Law in a Lawless Land offers a rare and penetrating insight into the nature of Colombia's present peril. In a nuanced account of the human consequences of a disintegrating state, anthropologist Michael Taussig chronicles two weeks in a small town in Colombia's Cauca Valley taken over by paramilitaries that brazenly assassinate adolescent gang members. Armed with automatic weapons and computer-generated lists of names and photographs, the paramilitaries have the tacit support of the police and even many of the desperate townspeople, who are seeking any solution to the crushing uncertainty of violence in their lives. Concentrating on everyday experience, Taussig forces readers to confront a kind of terror to which they have become numb and complacent.
"If you want to know what it is like to live in a country where the state has disintegrated, this moving book by an anthropologist well known for his writings on murderous Colombia will tell you."—Eric Hobsbawm
Compiling case studies based on seven fascinating themes—karaoke-based noise complaints, sumo wrestling, love hotels, post-Kobe earthquake condominium reconstruction, lost-and-found outcomes, working hours, and debt-induced suicide—Law in Everyday Japan offers a vibrant portrait of the way law intermingles with social norms, historically ingrained ideas, and cultural mores in Japan. Each example is informed by extensive fieldwork. West interviews all of the participants-from judges and lawyers to defendants, plaintiffs, and their families-to uncover an everyday Japan where law matters, albeit in very surprising ways.
"The subject of law in everyday life is timely in theory and in practice. The essays collected here are stimulating for the very different ways in which they reconfigure the meanings of 'the law' as cultural practice, and 'the everyday' as a cultural domain in which the state expresses a range of interests and engagements. Readers looking for an introduction to this topic will come away from the book with a clear sense of the varied voices and modes of inquiry now involved in sociolegal studies, and what distinguishes them. More experienced readers will appreciate the book's meticulous reconsideration of the instrumentalities, agencies, and constructedness of law." --Carol Greenhouse, Indiana University
Contributors include David Engel, Hendrik Hartog, Thomas R. Kearns, David Kennedy, Catharine MacKinnon, George Marcus, Austin Sarat, and Patricia Williams.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, and Chair of the Department of Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy and Professor of Law, Jurisprudence, and Social Thought, Amherst College.
Drawing on both film studies and legal scholarship, David A. Black explores the implications of representing court procedure, as well as other phases of legal process, in film. His study ranges from an inquiry into the common metaphorical ground between film and law, explored through "the detective" and "the witness," to a critical survey of legal writings about the cinema, to close analyses of key films about law. In examining multiple aspects of law in film, Black sustains a focus on the central importance of narrative while also unearthing the influences—pleasure in film, power in law—that lie beyond the narrative realm. Black's penetrating study treats questions of narrative authority and structure, social authority, and cultural history, revealing the underlying historical, cultural, and cognitive connections between legal and cinematic practices.
Law and legal studies are relative latecomers to cultural studies. As scholars have come to see law as not something apart from culture and society, they have begun to explore the connections between law and culture. Focusing on the production, interpretation, consumption and circulation of legal meaning, these scholars suggest that law is inseparable from the interests, goals and understandings that deeply shape or compromise social life. Against this background, Law in the Domains of Culture brings the insights and approaches of cultural studies to law and tries to secure for law a place in cultural analysis. This book provides a sampling of significant theoretical issues in the cultural analysis of law and illustrates some of those issues in provocative examples of the genre. Law in the Domains of Culture is designed to encourage the still tentative efforts to forge a new interdisciplinary synthesis, cultural studies of law.
The contributors are Carol Clover, Rosemary Coombe, Marjorie Garber, Thomas R. Kearns, William Miller, Andrew Ross, Austin Sarat, and Martha Woodmansee.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
The National Institutes of Health and the National Science Foundation together fund more than $40 billon of research annually in the United States and around the globe. These large public expenditures come with strings, including a complex set of laws and guidelines that regulate how scientists may use NIH and NSF funds, how federally funded research may be conducted, and who may have access to or own the product of the research.
Until now, researchers have had little instruction on the nature of these laws and how they work. But now, with Robert P. Charrow’s Law in the Laboratory, they have a readable and entertaining introduction to the major ethical and legal considerations pertaining to research under the aegis of federal science funding. For any academic whose position is grant funded, or for any faculty involved in securing grants, this book will be an essential reference manual. And for those who want to learn how federal legislation and regulations affect laboratory research, Charrow’s primer will shed light on the often obscured intersection of government and science.
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
The essays in Law Stories are all first-person accounts of law problems and the way they were handled, written by lawyers involved in the problems. They offer the voice and insight of the self-reflective practitioner. As such they provide us with a dimension missing from many third-person accounts of cases, a layer of emotion and perspective on legal institutions experienced by people caught or working within them.
Focusing on cases arising in public interest practices, the stories deal with problems arising from child custody, parental rights in a Head Start program, the consequences of large corporate bankruptcy for the corporation's retirees, juvenile crime, unemployment benefits, the rights of a victim of crime, the rights of welfare recipients, and the rights of small shareholders. These stories raise a variety of questions, including the nature and extent of the lawyer's role, the way the system listens to certain kinds of stories told in certain ways and refuses to hear other stories, how participation in the legal system affects the identity of those who are involved in it and how the popular image of law and legal processes differs from the reality depicted in these cases.
This book will appeal to both practitioners and teachers of law as well as social scientists interested in studying the role and place of law in the system.
The contributors include Anthony Alfieri, Gary Bellow, Lenora M. Lapidus, Alice and Staughton Lynd, Martha Minow, Nell Minow, Charles Ogletree, Abbe Smith, Lynne Weaver, and Lucie E. White.
"[Law Stories will] enlighten not only law students but the general and professional public who will find these accounts as compelling as any work of popular fiction. Unhappily, these accounts of law's inadequacy as a vehicle for social justice are not fictions. . . ." --Law and Politics Book Review
Gary Bellow and Martha Minow are Professors of Law, Harvard Law School.
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.
The relationship between law and violence is made familiar to us in vivid pictures of police beating suspects, the large and growing prison population, and the tenacious attachment to capital punishment in the United States. Yet the link between law and violence and the ways that law manages to impose pain and death while remaining aloof and unstained are an unexplored mystery. Each essay in this volume considers the question of how violence done by and in the name of the law differs from illegal or extralegal violence--or, indeed, if they differ at all.
Each author draws on a distinctive disciplinary tradition-- literature, history, anthropology, philosophy, political science, or law. Yet each reminds us that law, constituted in response to the metaphorical violence of the state of nature, is itself a doer of literal violence.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
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.
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.
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