A SCHOLARLY BOOK REPOSITORY
Winner of the 2008 Katherine Singer Kovacs Book Award
Prior to the civil rights movement, comedians performed for audiences that were clearly delineated by race. Black comedians performed for black audiences and white comedians performed for whites. Yet during the past forty-five years, black comics have become progressively more central to mainstream culture.
In Laughing Mad , Bambi Haggins looks at how this transition occurred in a variety of media and shows how this integration has paved the way for black comedians and their audiences to affect each other. Historically, African American performers have been able to use comedy as a pedagogic tool, interjecting astute observations about race relations while the audience is laughing. And yet, Haggins makes the convincing argument that the potential of African American comedy remains fundamentally unfulfilled as the performance of blackness continues to be made culturally digestible for mass consumption.
Rather than presenting biographies of individual performers, Haggins focuses on the ways in which the comic persona is constructed and changes across media, from stand-up, to the small screen, to film. She examines the comic televisual and cinematic personae of Dick Gregory, Bill Cosby, Flip Wilson, and Richard Pryor and considers how these figures set the stage for black comedy in the next four decades. She reads Eddie Murphy and Chris Rock as emblematic of the first and second waves of post-civil rights era African American comedy, and she looks at the socio-cultural politics of Whoopi Goldberg's comic persona through the lens of gender and crossover. Laughing Mad also explores how the comedy of Dave Chappelle speaks to and for the post-soul generation.
A rigorous analytic analysis, this book interrogates notions of identity, within both the African American community and mainstream popular culture. Written in engaging and accessible prose, it is also a book that will travel from the seminar room, to the barbershop, to the kitchen table, allowing readers to experience the sketches, stand-up, and film comedies with all the laughter they deserve.
This question, so solemnly posed by the young Buddha, first led Lee Siegel to examine the hitherto unexplored realm of Indian comedy. Laughing Matters is Siegel's account of two intersecting journeys: a search for comic traditions created and preserved in Sanskrit literature and a journey through modern India in quest of a laughter that persists across time and culture.
Hearing a boisterous and bawdy voice from India's past, Siegel has provided original and highly entertaining translations of Sanskrit literature that reveal a sparkling sensibility embedded in the texts. These translations are integrated with a detailed analysis of the types and structures of India's mirth. Siegel develops an original theory of comedy and laughter, applying it to reveal the humor in the ancient works. Defining sacred and profane comedy and the "taste" and "erotics" of laughter, he delineates two main Indian categories of comedy—laughter at others and laughter at oneself—which are roughly parallel to the Western traditions of satire and humor. He examines these categories in all of their forms and functions: satires of manners, social satire, and religious satire; and human and divine comedy. Siegel concludes by presenting his perceptions of humor in modern India as seen through cartoons, movies, books, and social gatherings.
Laughing Matters is both a serious and a hilarious study of the Indian comic sense of life—a vision formed in the convergence of the bitter insight of satire and the sweet outlook of humor. Past and present, the contextual and the universal, scholarship and the picaresque, are all interwoven in this original treatise on the aesthetics of comedy and the psychology of laughter.
To explore these questions, Erika Summers Effler undertook three years of ethnographic fieldwork with two groups: anti–death penalty activists STOP and the Catholic Workers, who strive to alleviate poverty. In both communities, members must contend with problems that range from the broad to the intimately personal. Adverse political conditions, internal conflict, and fluctuations in financial resources create a backdrop of daily frustration—but watching an addict relapse or an inmate’s execution are much more devastating setbacks. Summers Effler finds that overcoming these obstacles, recovering from failure, and maintaining the integrity of the group require a constant process of emotional fine-tuning, and she demonstrates how activists do this through thoughtful analysis and a lucid rendering of their deeply affecting stories.
Was it this mindset that powered the sudden eruption of the Vikings onto the European scene? Was it a belief in heroic death that made them so lastingly successful against so many bellicose opponents? Weighing the evidence of sagas and poems against the accounts of the Vikings’ victims, Tom Shippey considers these questions as he plumbs the complexities of Viking psychology. Along the way, he recounts many of the great bravura scenes of Old Norse literature, including the Fall of the House of the Skjoldungs, the clash between the two great longships Ironbeard and Long Serpent, and the death of Thormod the skald. One of the most exciting books on Vikings for a generation, Laughing Shall I Die presents Vikings for what they were: not peaceful explorers and traders, but warriors, marauders, and storytellers.
In the intense blossoming of American literary talent between the World Wars, T.S. Stribling took his place with Faulkner, Hemingway, Dos Passos, and other members of his generation with the Pulitzer Prize in 1933 for his bestselling novel The Store. In Laughing Stock, Stribling’s autobiography, the gifted writer reflects with humor, irony, and passion on his trajectory from a remote southern town to the literary heights of Paris and New York.
Adventurous and perceptive, Laughing to Keep from Dying reveals how African American satirists unmask the illusions and anxieties surrounding race in the twenty-first century.
Laughter and Civility, the first biographical and scholarly volume to examine and contextualize her dramas, deeply explores how and why influential women are so often excluded from the canon. Lynn R. Wilkinson provides insightful readings into all twenty-five of Gad’s plays and demonstrates how writers and intellectuals of the time, including Georg and Edvard Brandes, took her critically acclaimed work seriously. This volume rightfully reinstates Emma Gad’s work into the repertory of European drama and is crucial for scholars interested in turn‐of‐the‐century Scandinavian drama, literature, culture, and politics.
But we are fortunate in our guide: drawing on his immense knowledge of the classics and of humanists like Erasmus and Rabelais—who used Plato and Aristotle to interpret the Gospels—and incorporating the thoughts of Aesop, Calvin, Lucian of Samosata, Luther, Socrates, and others, Screech shows that Renaissance thinkers revived ancient ideas about what inspires laughter and whether it could ever truly be innocent. As Screech argues, in the minds of Renaissance scholars, laughter was to be taken very seriously. Indeed, in an era obsessed with heresy and reform, this most human of abilities was no laughing matter.
One of America’s most eminent nature poets, Robert Pack has won the acclaim of writers, critics, and readers from Stephen Jay Gould to Mark Strand. In his latest collection, Laughter Before Sleep, Pack carries on his themes of family and friends, responsibility to the natural world of evolved diversity, the transience of life, the fragility of happiness, and the consolations offered by art and music.
Too often, innovative individuals and teams come up with new-business ideas only to hit the proverbial wall, become discouraged, and fail to follow through. How can you get more traction with your ideas and see them through to fruition? As with so many things in life, half the battle is knowing what questions to ask. In this book, serial entrepreneur and business professor Jim Price illustrates a simple, yet powerful framework known as the Launch Lens. Price’s method leads innovators through a structured process to clearly define and communicate their concept, distinguish the good ideas from the not-so-good, and lay the cornerstones of the startup planning process.
The Launch Lens is comprised of twenty critical questions or Focal Points, organized according the classic new-business planning categories: problem, solution, market, business model, marketing and sales, finance, capital, and team. The book leads readers through explanations of how to address each question, illustrated by useful examples, tips, and red flags. Already in active use by thousands of innovators – ranging from aspiring entrepreneurs to early-stage startup teams and venture investors, from incubators and accelerators to intrapreneurs within established corporations and non-profits – The Launch Lens can help you bring your new-business concepts into clear focus.
"With a clear and engaging narrative that delves into complex and debatable issues and, at the same time, tells very entertaining stories, this book is a wonderful addition to the historiography of international health."
---Diego Armus, Swarthmore College
From the Rockefeller Foundation to the Bill and Melinda Gates Foundation, U.S. philanthropies have played a leading role in the evolution of international health. Launching Global Health examines one of the earliest of these initiatives abroad, the Rockefeller Foundation's International Health Board. The flagship agency made its first call in British Guiana in 1914 to experiment with its new "American method" for the treatment of hookworm disease. Within months it was involved in ambitious hookworm programs in six Central American and Caribbean sites, its directors self-consciously choosing to test run the prototype for their global project in the nearest and clearest domain of American imperial influence. These efforts continued until 1930, when most of the International Health Board hookworm campaigns had evolved into public health projects of a different nature.
Launching Global Health is the first book to explore the inaugural Rockefeller Foundation campaigns in depth and to treat them as an ensemble---as a laboratory for discovering and testing the elements of a global health system for the twentieth century. Orienting the study according to the priorities and perspectives of the social and cultural history of medicine and marrying the results with social science and institutional approaches, Steven Palmer rediscovers elements and dynamics in the original history of global health that were either discarded or that have continued to operate beneath the radar of scholarship.
In particular, Palmer examines the extraordinary encounters that took place between the Rockefeller proselytizers of biomedicine and public health and the diverse populations whom they were attempting to help. Launching Global Health devotes special attention to the health narratives and practices of laboring people of different ethnicities and how they clashed and blended with the stories and rituals being promoted by the Rockefeller Foundation, ultimately showing the locally assembled health teams of microscopists, inspectors, and dispensers to have been active agents in the shaping of encounters between imperial and popular medicine.
Steven Palmer is Canada Research Chair in the History of International Health at the University of Windsor and author of From Popular Medicine to Medical Populism: Doctors, Healers, and Public Power in Costa Rica, 1800-1940.
Illustration: Lecture on hookworm disease on public building porch. Courtesy Rockefeller Archive Center.
A volume in the series Conversations in Medicine and Society.
The necessity for library leaders to demonstrate that libraries are innovative, collaborative, and can provide eye-catching, transformational services and programs to their communities cannot be understated. But libraries do not suffer from a lack of big ideas. What library workers really need is a roadmap for making those impactful ideas become reality. Based in part on her extensive experience coordinating large-scale initiatives, this guide from ASCLA Leadership and Professional Achievement Award-winning consultant Horton will walk you through formulating and shaping your ideas into sellable, actionable projects. You’ll learn
- techniques drawn from project management experts and researchers from many fields;
- why Big Hairy Audacious Goals (BHAG) are worth your time and effort;
- guidance on upscaling your idea into a project or service that can be launched at a statewide, community wide, or library consortium level;
- several case studies of large-scale library projects, with analysis of why they were successful;
- how to successfully combine foundational principles of innovation with practical methods for collaboration;
- methods for extending your reach beyond your usual sphere to partner with other libraries and organizations;
- how to sharpen your skills of persuasion;
- no-nonsense advice on leading teams of disparate individuals; and
- evaluative tips for affirming the project is on the right track and then correcting course as needed.
Made possible by a gift from James B. Duke, the wealthiest member of the family that had underwritten Trinity College since 1890, Duke University was organized with Few as president. Few's goal was to turn Duke into a world-class institution of higher education and these early years saw the development of much of what we know as Duke University today. Drawing on extensive archival material culled over a ten-year period, Durden discusses the building of the Medical Center, the rebuilding of the School of Law, the acquisition of the Duke Forest and development of the School of Forestry, the nurturing of the Divinity School, and the enrichment of the Graduate School of Arts and Sciences.
It was also during this period, as Durden details, that such treasures as the Sarah P. Duke Gardens were created, as well as some near treasures, as seen by the failed attempt to start an art museum. Although the story of the birth of this University belongs largely to William Preston Few, other people figure prominently and are discussed at length. Alice Baldwin, who led in the establishment of the Woman's College, emerges as a fascinating figure, as do William H. Wannamaker, James B. Duke, William Hanes Ackland, Robert L. Flowers, Justin Miller, and Wilburt Cornell Davision, among others.
Although impressive growth occurred in Duke's formative years, tensions also arose. The need to strike an institutional balance between the twin demands of teaching and research, of regional versus national status, combined with continual shortages of funds, created occasional obstacles. The problem of two sets of trustees, one for the university and another for the Duke Endowment, loomed largest of all. As Few himself said, during these early years Duke successfully embarked on a long journey, for it was not until after World War II that Duke University consolidated the growth begun in the inter-war years.
An important contribution to the history of Southern higher education as well as to Duke University, this book will be of great interest to historians, alumni, and friends of Duke University alike.
Interpreting these writers in their larger historical and cultural contexts, Miller reconsiders their formidable artistic, political, and literary contributions to American cultural life in the 1930s. He looks at what was happening in 1932—from depression conditions and politics to chain stores and celebrity culture—to shed light on Wilder’s life, and he shows how actual “little houses” established ideas of home that resonated emotionally for both writers.
In considering each woman’s ties to history, Miller compares Wilder with Frederick Jackson Turner as a frontier mythmaker and examines Lane’s unpublished history of Missouri in the context of a contemporaneous project, Thomas Hart Benton’s famous Jefferson City mural. He also looks at Wilder’s Missouri Ruralist columns to assess her pre–Little House values and writing skills, and he readdresses her literary treatment of Native Americans. A final chapter shows how Wilder’s and Lane’s conservative political views found expression in their work, separating Lane’s more libertarian bent from Wilder’s focus on writing moralist children’s fiction.
These nine thoughtful essays expand the critical discussion on Wilder and Lane beyond the Little House. Miller portrays them as impassioned and dedicated writers who were deeply involved in the historical changes and political challenges of their times—and contends that questions over the books’ authorship do not do justice to either woman’s creative investment in the series. Miller demystifies the aura of nostalgia that often prevents modern readers from seeing Wilder as a real-life woman, and he depicts Lane as a kindred artistic spirit, helping readers better understand mother and daughter as both women and authors.
Before Laura Ingalls Wilder found fame with her Little House books, she made a name for herself with short nonfiction pieces in magazines and newspapers. Read today, these pieces offer insight into her development as a writer and depict farm life in the Ozarks—and also show us a different Laura Ingalls Wilder from the woman we have come to know.
This volume collects essays by Wilder that originally appeared in the Missouri Ruralist between 1911 and 1924. Building on the initial compilation of these articles under the title Little House in the Ozarks, this revised edition marks a more comprehensive collection by adding forty-two additional Ruralist articles and restoring passages previously omitted from other articles.
Writing as “Mrs. A. J. Wilder” about modern life in the early twentieth-century Ozarks, Laura lends her advice to women of her generation on such timeless issues as how to be an equal partner with their husbands, how to support the new freedoms they’d won with the right to vote, and how to maintain important family values in their changing world. Yet she also discusses such practical matters as how to raise chickens, save time on household tasks, and set aside time to relax now and then.
New articles in this edition include “Making the Best of Things,” “Economy in Egg Production,” and “Spic, Span, and Beauty.” “Magic in Plain Foods” reflects her cosmopolitanism and willingness to take advantage of new technologies, while “San Marino Is Small but Mighty” reveals her social-political philosophy and her interest in cooperation and community as well as in individualism and freedom. Mrs. Wilder was firmly committed to living in the present while finding much strength in the values of her past.
A substantial introduction by Stephen W. Hines places the essays in their biographical and historical context, showing how these pieces present Wilder’s unique perspective on life and politics during the World War I era while commenting on the challenges of surviving and thriving in the rustic Ozark hill country. The former little girl from the little house was entering a new world and wrestling with such issues as motor cars and new “labor-saving” devices, but she still knew how to build a model small farm and how to get the most out of a dollar.
Together, these essays lend more insight into Wilder than do even her novels and show that, while technology may have improved since she wrote them, the key to the good life hasn’t changed much in almost a century. Laura Ingalls Wilder, Farm Journalist distills the essence of her pioneer heritage and will delight fans of her later work as it sheds new light on a vanished era.
In the early 1870s, when conservative religious thought permeated all aspects of Mexican life, she was one of very few women to gain admission to an extraordinary constellation of male poets, playwrights, and novelists, who were also the publicists and statesmen of the time. She entered this world through her poetry, intellect, curiosity, assertiveness, but her personal life was fraught with tragedy: she had a child out of wedlock by poet Manuel Acuña, who killed himself shortly thereafter. She later married another poet, Agustín Fidencio Cuenca, and had seven other children. All but two of her children died, as did Agustín.
As a penniless young widow facing social rejection, Laura became a teacher and an important force in Mexico’s burgeoning educational reform program. She moved abroad—first to San Francisco, then St. Louis, then Berlin. In these places where she was not known and women had begun to move confidently in the public sphere, she could walk freely, observe, mingle, make friends across many circles, learn, think, and express her opinions. She wrote primarily for a Mexican public and always returned to Mexico because it was her country’s future that she strove to create.
Now, for the first time in English, Mílada Bazant shares with us the trajectory of a leading Mexican thinker who applied the power of the pen to human feeling, suffering, striving, and achievement.
Through close readings of the Rime sparse and the works of Wyatt, Donne, and Marvell, Estrin uncovers three Lauras: Laura-Daphne, who denies sexuality; Laura-Eve, who returns the poet’s love; and Laura-Mercury, who reinvents her own life. Estrin claims that in these three guises Laura subverts both genre and gender, thereby introducing multiple desires into the many layers of the poems. Drawing upon genre and gender theories advanced by Jean-François Lyotard and Judith Butler to situate female desire in the poem’s framework, Estrin shows how genre and gender in the Petrarchan tradition work together to undermine the stability of these very concepts.
Estrin’s Laura constitutes a fundamental reconceptualization of the Petrarchan tradition and contributes greatly to the postmodern reassessment of the Renaissance period. In its descriptions of how early modern poets formulate questions about sexuality, society and poetry, Laura will appeal to scholars of the English and Italian Renaissance, of gender studies, and of literary criticism and theory generally.
Despite his status as a scion of one of the wealthiest and most famous families in the United States and an enormously successful businessman in his own right, Laurance S. Rockefeller is unknown to all but a small circle of Americans. Yet while he has been neither Vice President nor Governor nor chairman of the world's largest bank, his contribution to society has been at least as great as that of his more famous brothers.
In Laurance S. Rockefeller: Catalyst for Conservation, noted historian Robin W. Winks brings Laurance to the forefront, offering an intimate look at his life and accomplishments. While Rockefeller has played a vital role in the business world as one of the most astute venture capitalists of our time -- providing seed money for, among other endeavors, Eastern Airlines, Intel Corporation, and Apple Computers -- his driving passion throughout his life has been the environment. In addition to the millions of dollars he has donated and the numerous conservation organizations he has helped to found, he served under five consecutive presidents in environmental advisory capacities.
Perhaps most significantly, Rockefeller served under Presidents Eisenhower and Kennedy as chairman of the Outdoor Recreation Resources Review Commission (ORRRC), brilliantly orchestrating an assessment of the recreation and conservation needs and wants of the American people and the policies and programs required to meet those needs. The reports issued by the Commission represent a groundbreaking achievement that laid the framework for nearly all significant environmental legislation of the following three decades.
Winks uses a combination of historical insight and extensive access to Rockefeller and government archives to present the first in-depth examination of Laurance Rockefeller's life and work. His deftly argued and gracefully written volume explains and explores Rockefeller's role in shaping the transition from traditional land conservation to a more inclusive environmentalism. It should compel broader interpretation of the history of environmental protection, and is essential reading for anyone concerned with the past or future of conservation in America.
Laurent Clerc won lasting renown as the deaf teacher who helped Thomas Hopkins Gallaudet establish schools to educate deaf Americans in the 19th century. Now, his character as a young boy growing up in Paris has been captured in the novel Laurent Clerc.
In his own voice, Clerc vividly relates the experiences that led to his later progressive teaching methods. Especially influential was his long stay at the Royal National Institute for the Deaf in Paris, where he encountered sharply distinct personalities — the saintly, inspiring deaf teacher Massieu, the vicious Dr. Itard and his heartless “experiments” on deaf boys, and the “Father of the Deaf,” Abbe Sicard, who could hardly sign.
Young adult readers will find his story richly entertaining as well as informative.
Refusing to buckle under the pressures of family and political traumas, the sojourners in this collection are unified by themes of creative expression and of love—how we define it, how we are impelled by it, and how we are lifted by it.
Black women and girls in the United States are among the hardest hit by the pandemic in terms of illnesses, deaths, evictions, and increasing economic inequality. Riffing off Alice Walker’s telling of her search for Zora Neal Hurston, the authors of these essays and reflections offer raw tellings of Black girls’ and women’s experiences written in real time, as some of the contributors battled COVID-19 themselves.
The essays center Black girls and women and their testimonies in hopes of moving them from the margin to the center. With a diversity of voices and ages, this volume taps into the Black feminine interior, that place where Audre Lorde tells us that feelings lie, to access knowledge—generational, past, and contemporary—to explore how Black women navigate COVID-19. Using womanism and spirituality, among other modalities, the authors explore deep feelings, advancing Black feminist theorizing on Black feminist praxis and methodology.
In centering the stories of Black girls and women’s experiences with COVID-19, this work brings much-needed justice and equity to conversations about the pandemic. Just as Walker worked diligently to find Hurston, Lavender Fields attempts to “find” Black women amid all we are experiencing, ensuring visibility and attention.
Contributors
Tamaya Bailey
reelaviolette botts-ward
Kyrah K. Brown
Brianna Y. Clark
Kenyatta Dawson
LeConté J. Dill
Maryam O. Funmilayo
Brandie Green
Courtney Jackson
Sara Jean-Francois
Julia S. Jordan-Zachery
Angela K. Lewis-Maddox
Annet Matebwe
Mbali Mazibuko
Radscheda Nobles
Nimot Ogunfemi
J. Mercy Okaalet
Chizoba Uzoamaka Okoroma
Peace Ossom-Williamson
Elizabeth Peart
In The Lavender Scare, David K. Johnson tells the frightening story of how, during the Cold War, homosexuals were considered as dangerous a threat to national security as Communists. Charges that the Roosevelt and Truman administrations were havens for homosexuals proved a potent political weapon, sparking a “Lavender Scare” more vehement and long-lasting than Joseph McCarthy’s Red Scare. Drawing on declassified documents, years of research in the records of the National Archives and the FBI, and interviews with former civil servants, Johnson recreates the vibrant gay subculture that flourished in midcentury Washington and takes us inside the security interrogation rooms where anti-homosexual purges ruined the lives and careers of thousands of Americans. This enlarged edition of Johnson’s classic work of history—the winner of numerous awards and the basis for an acclaimed documentary broadcast on PBS—features a new epilogue, bringing the still-relevant story into the twenty-first century.
Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
While the American legal system has played an important role in shaping the field of bioethics, Law and Bioethics is the first book on the subject designed to be accessible to readers with little or no legal background. Detailing how the legal analysis of an issue in bioethics often differs from the "ethical" analysis, the book covers such topics as abortion, surrogacy, cloning, informed consent, malpractice, refusal of care, and organ transplantation.
Structured like a legal casebook, Law and Bioethics includes the text of almost all the landmark cases that have shaped bioethics. Jerry Menikoff offers commentary on each of these cases, as well as a lucid introduction to the U.S. legal system, explaining federalism and underlying common law concepts. Students and professionals in medicine and public health, as well as specialists in bioethics, will find the book a valuable resource.
James Boyd White is Hart Wright Professor of Law emeritus and Professor of English emeritus, at the University of Michigan. His latest book is Living Speech: Resisting the Empire of Force.
"An extraordinary collection of provocative, insightful, and inspiring essays on the future of law and democracy in the twenty-first century."
---Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago
"These thoughtful essays diagnose democracy's perilous present, and---more importantly---they explore avenues to democracy's rescue through humanization of law."
---Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA
Contributors
Martin Böhmer, Universidad de San Andres, Buenos Aires, Argentina
M. Cathleen Kaveny, University of Notre Dame
Howard Lesnick, University of Pennsylvania
The Honorable John T. Noonan Jr., Ninth Circuit Court of Appeals
H. Jefferson Powell, Duke University
Jedediah Purdy, Duke University
Jed Rubenfeld, Yale University
A.W. Brian Simpson, University of Michigan
Barry Sullivan, Jenner and Block LLP, Chicago
Joseph Vining, University of Michigan
Robin West, Georgetown University
James Boyd White, University of Michigan
Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts.
As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction.
From the beginnings of human association, social planning has been an accepted method for effecting improvements in community, regional, and national life. In Law and Economy in Planning, Walter Firey has made a start in the development of an intellectual framework that will give meaning to the craft of planning and establish a relationship between practice and first principles.
In this study he investigates basic elements of this framework existing in two normative orders: the state, in which a collectivity has the obligation to enforce obedience; and the market, in which the individual has the right to be rational. These normative orders, whose laws are formulated in the disciplines of jurisprudence and economics, have a common concern with the utilization of scarce means to given ends.
These orders, the state and the market, are formulated by the art of planning and have a common relationship to the natural order, which cannot be planned, but only predicted, and which is explained by the science of planning. To bridge the gap between the natural order and the normative order is the function of a philosophy of planning, for which an intellectual framework—of necessity interdisciplinary—is essential.
This study is the culmination of several years of research in the fields of planning and social theory. During the course of this research Firey came to appreciate more and more keenly the need for an interdisciplinary formulation of the planning process and, with this, the need for a philosophical foundation for interdisciplinary work. A year’s fellowship at the Center for Advanced Study in the Behavioral Sciences at Stanford gave him the opportunity to develop his ideas bearing on this subject and to put them in writing.
Numerous labor regulations that were introduced or reformed in Latin America in the past thirty years have had important economic consequences. Nobel Prize-winning economist James J. Heckman and Carmen Pagés document the behavior of firms attempting to stay in business and be competitive while facing the high costs of complying with these labor laws. They challenge the prevailing view that labor market regulations affect only the distribution of labor incomes and have little or no impact on efficiency or the performance of labor markets. Using new micro-evidence, this volume shows that labor regulations reduce labor market turnover rates and flexibility, promote inequality, and discriminate against marginal workers.
Along with in-depth studies of Colombia, Peru, Brazil, Argentina, Chile, Uruguay, Jamaica, and Trinidad, Law and Employment provides comparative analysis of Latin American economies against a range of European countries and the United States. The book breaks new ground by quantifying not only the cost of regulation in Latin America, the Caribbean, and in the OECD, but also the broader impact of this regulation.
Since the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of the good life. But it is only in recent years that the study of happiness—or “hedonics”—has developed into a formal field of inquiry, cutting across a broad range of disciplines and offering insights into a variety of crucial questions of law and public policy.
Law and Happinessbrings together the best and most influential thinkers in the field to explore the question of what makes up happiness—and what factors can be demonstrated to increase or decrease it. Martha Nussbaum offers an account of the way that hedonics can productively be applied to psychology, Cass R. Sunstein considers the unexpected relationship between happiness and health problems, Matthew Adler and Eric A. Posner view hedonics through the lens of cost-benefit analysis, David A. Weisbach considers the relationship between happiness and taxation, and Mark A. Cohen examines the role crime—and fear of crime—can play in people’s assessment of their happiness, and much more.
The result is a kaleidoscopic overview of this increasingly prominent field, offering surprising new perspectives and incisive analyses that will have profound implications on public policy.
Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism—namely the rights of all individuals and constraints on state power—still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump’s administration, Viktor Orban’s Hungary, Recep Erdogan’s Turkey, and Jair Bolsanoro’s Brazil.
In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of “free speech”; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.
Planned and designed by a leading Tokyo lawyer and several American practitioners and scholars, Law and Investment in Japan introduces both Japanese law and the strategic issues that arise in cross-border transactions. Centered around the details of an actual joint venture between the U.S. and Japan, the book combines materials from the transaction itself with cases, statutes, and background data.
This new second edition reflects recent changes in the law and new directions in scholarly research.
Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the Constitution
Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy.
Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate.
Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
The role of religion in early American literature has been endlessly studied; the role of the law has been virtually ignored. Robert A. Ferguson’s book seeks to correct this imbalance.
With the Revolution, Ferguson demonstrates, the lawyer replaced the clergyman as the dominant intellectual force in the new nation. Lawyers wrote the first important plays, novels, and poems; as gentlemen of letters they controlled many of the journals and literary societies; and their education in the law led to a controlling aesthetic that shaped both the civic and the imaginative literature of the early republic. An awareness of this aesthetic enables us to see works as diverse as Jefferson’s Notes on the State of Virginia and Irving’s burlesque History of New York as unified texts, products of the legal mind of the time.
The Declaration of Independence, the Constitution, and the great political orations were written by lawyers, and so too were the literary works of Trumbull, Tyler, Brackenridge, Charles Brockden Brown, William Cullen Bryant, Richard Henry Dana, Jr., and a dozen other important writers. To recover the original meaning and context of these writings is to gain new understanding of a whole era of American culture.
The nexus of law and letters persisted for more than a half-century. Ferguson explores a range of factors that contributed to its gradual dissolution: the yielding of neoclassicism to romanticism; the changing role of the writer; the shift in the lawyer’s stance from generalist to specialist and from ideological spokesman to tactician of compromise; the onslaught of Jacksonian democracy and the problems of a country torn by sectional strife. At the same time, he demonstrates continuities with the American Renaissance. And in Abraham Lincoln he sees a memorable late flowering of the earlier tradition.
Winner of the Scribes Book Award
“As brilliantly imaginative as it is urgently timely.”
—Richard H. Fallon, Jr., Harvard Law School
“At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.”
—Frederick Schauer, author of The Proof
A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.”
Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones.
These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall.
“Has something to offer both critics and supporters…a valuable contribution to the ongoing debate over the constitutionality of the modern state.”
—Review of Politics
“The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.”
—Wall Street Journal
Hailed in its first edition as an "outstanding work, as stimulating as it is intellectually distinguished" (New York Times), Richard A. Posner's Law and Literature has handily lived up to the Washington Post's prediction that the book would "remain essential reading for many years to come." This new edition, extensively revised and enlarged, continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as popular fiction about law, literary education for lawyers, the legal narrative movement, and judicial biography.
Literary works from classics by Sophocles, Shakespeare, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by William Gaddis, Tom Wolfe, and John Grisham come under Posner's scrutiny, as do recent attempts to apply the techniques of literary analysis to statutes, judicial opinions, and the Constitution. In a section entirely new in this edition, Posner discusses the increasing efforts of legal scholars to enrich their scholarship by borrowing the methods and insights of literature--even by insisting that legal education is incomplete without the ethical insights afforded by an immersion in literature.
Thoroughly rewritten and updated, free of legal and literary jargon, and informed by Posner's extensive erudition and legal experience, this book remains the most clear, acute, and comprehensive account of the intersection of law and literature--"a wonderfully original and instructive study of what literature has to teach us about the law, the methods of legal argument, and the interpretation of statutes and the Constitution" (Wall Street Journal).
Hailed in its first edition as an “outstanding work, as stimulating as it is intellectually distinguished” (New York Times), Law and Literature has handily lived up to the Washington Post’s prediction that the book would “remain essential reading for many years to come.” This third edition, extensively revised and enlarged, is the only comprehensive book-length treatment of the field. It continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as the cruel and unusual punishments clause of the Constitution, illegal immigration, surveillance, global warming and bioterrorism, and plagiarism.
In this edition, literary works from classics by Homer, Shakespeare, Milton, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by Tom Wolfe, Margaret Atwood, John Grisham, and Joyce Carol Oates come under Richard Posner’s scrutiny, as does the film The Matrix.
The book remains the most clear, acute account of the intersection of law and literature.
A distinguished Yale economist and legal scholar’s argument that law, of all things, has the potential to rescue us from the next economic crisis.
After the economic crisis of 2008, private-sector spending took nearly a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach whose proven success is too rarely acknowledged. Harking back to New Deal regulatory agencies, Listokin proposes that we take seriously law’s ability to function as a macroeconomic tool, capable of stimulating demand when needed and relieving demand when it threatens to overheat economies.
Listokin makes his case by looking at both positive and cautionary examples, going back to the New Deal and including the Keystone Pipeline, the constitutionally fraught bond-buying program unveiled by the European Central Bank at the nadir of the Eurozone crisis, the ongoing Greek crisis, and the experience of U.S. price controls in the 1970s. History has taught us that law is an unwieldy instrument of macroeconomic policy, but Listokin argues that under certain conditions it offers a vital alternative to the monetary and fiscal policy tools that stretch the legitimacy of technocratic central banks near their breaking point while leaving the rest of us waiting and wallowing.
In addition to the editors, the contributors include Andrea Brady, Catherine Kellogg, Shai Lavi, Ray Madoff, Ann Pelligrini, and Mark Sanders.
As educational and justice agencies increasingly turn to private subcontractors to deliver an array of services and growing numbers of young people are channeled into non-traditional educational settings and correctional institutions, it is imperative that educators and the general public understand how these institutions work and what problems their students and staffs encounter. This on-the-ground examination of the education within the juvenile justice system will open your eyes to how we educate some of our neediest children.
But with television courtrooms appearing more like the studio of The Jerry Springer Show than institutions of justice, and with weekly dramas seamlessly blending cutting-edge forensic science with exaggerated fictions, it calls to question: just what is it about these shows that has the public so captivated? And, what effects do the images of crime and order presented through the media have on society's view of the actual legal and criminal justice systems?
In Law and Order: Images, Meanings, Myths, Mariana Valverde draws on examples from film, television, and newspapers to examine these questions and to demonstrate how popular culture is creating an unrealistic view of crime and crime control. Valverde argues that understanding the impact of media representations of courtrooms, police departments, prisons, and the people who populate them is essential to comprehending the reality of criminal justice.
Introducing a wealth of resources in social and cultural studies along with suggestions for classroom discussions and assignments, this book pushes the field of criminology in new and exciting theoretical directions. It is essential reading for students and scholars of criminal justice and law.
In considering law through the lens of performance studies, the contributors in this volume emphasize the embodied, affective, and reiterative qualities that move law off the printed page and into the thick world of lived experience. They consider the blurring of lines between performance and the enactment of law, the transformative exchanges between the law and its many and varied stagings, and the impact or resonance of performativity in situations where innocence and guilt may be determined. In addition to the editors, the contributors include Joshua Chambers-Letson, Catherine M. Cole, Ryan Hartigan, Lara D. Nielsen, Julie Stone Peters, Ann Pellegrini, and Karen Shimakawa.
“Law and Public Choice is a most valuable contribution to the burgeoning literature. It
should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law
School
Harold Berman’s masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole.
Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare.
Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.
The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law.
Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wide-ranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals.
Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modern Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
Many people believe that conflict in the well-disciplined Japanese society is so rare that the Japanese legal system is of minor importance. Frank Upham shows conclusively that this view is mistaken and demonstrates that the law is extensively used, on the one hand, by aggrieved groups to articulate their troubles and mobilize political support and, on the other, by the government to channel and manage conflict after it has arisen.
This is the first Western book to take law seriously as an integral part of the dynamics of Japanese business and society, and to show how an informal legal system can work in a complex industrial democracy. Upham does this by focusing on four recent controversies with broad social implications: first, how Japan dealt with the world’s worst industrial pollution and eventually became a model for Western environmental reforms; second, how the police and courts have allowed one Japanese outcast group to use carefully orchestrated physical coercion to achieve wide-ranging affirmative action programs; third, how Japanese working women used the courts to force employers to eliminate many forms of discrimination and eventually convinced the government to pass an equal employment opportunity act; and, finally, how the Ministry of International Trade and Industry and various sectors of Japanese industry have used legal doctrine to cope with the dramatic changes in Japan’s economy over the last twenty-five years.
Readers interested in the interaction of law and society generally; those interested in contemporary Japanese sociology, politics, and anthropology; and American lawyers, businessmen, and government officials who want to understand how law works in Japan will all need this unusual new book.
What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms.
Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.
The essays in this volume investigate themes related to the place of law in Byzantine ideology and society. Although the Byzantines had a formal legal system, deriving from Justinian’s codification, this does not solve the problem but rather poses important questions. Was this a society which was meant to be governed by law? For answers, one must look at the intent of the legislators (to address specific problems, or to order society according to an ideal pattern?); the attitudes toward the law; the relationship between law, religion, literature, and art. What were the spheres—political, economic, private—that the laws and the lawgivers sought to regulate? The concepts of law and justice are quite different from each other, and the relationship between them is investigated here.
Of importance also, in this medieval society, are the connections between law and religion. There is the problem of the provenance of the law—whether the Emperor or God himself is the source of law—and the broad implications of the answer. At another level, ecclesiastical law was very important for everyday life, and the question arises of how much knowledge people had of it and how profound was their knowledge. Both people’s perceptions and their practices were shaped by their views of human justice and divine justice: whether these coincided, and whether they were administered through the same means, for the intervention of saints or icons might be seen as an alternative to human justice. As for human justice, there are questions that involve both society’s view of it and the education, knowledge, and interests of those who administered it.
Such issues are present in all medieval societies; the case of Byzantium is of particular interest because of the interplay between formal law and the conceptualizations and practices—some quite divergent from the ostensible purpose of legislation—which affected the legislators, the practitioners, and all of society.
Whether we are black, gay, Republican, women, or deaf, our associations--whether voluntary or assigned--constitute crucial and inescapable elements of our identities. Both voluntary and involuntary groups have been important in American history--more important than is generally recognized. But these groups have never been adequately addressed by law, which has as its primary focus the relationship between the individual and the state. The company we keep, says the constitutional law scholar Aviam Soifer, is presumed to be each person's own business, and generally beyond notice of the law. But as America becomes a more varied country and issues arising out of multiculturalism threaten to divide us, it becomes essential, Soifer argues, to recognize rights under the First Amendment that will protect the crucial roles of groups and communities within the larger national community.
Legal doctrine and the outcomes reached in judicial proceedings will be more coherent if we acknowledge that groups qua groups have significant legal impact. The building blocks of any quest for justice must include the groups--social, political, professional, civil, interpretive, religious--from which we derive and apply ethical standards in search of a better life. The ability to step outside traditional doctrinal boxes that concentrate on relationships between individuals and government will help not only legal thinkers but every person to reason toward justice.
Using history and literature to explore the complex issues of individual and group rights, Law and the Company We Keep is the first sustained account of the presence and importance of groups in our legal culture. It confronts central questions about the multiple roles of culture and symbol in defining our groups, and through them, our lives.
In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.
In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.
Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly.
Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor.
Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
Tirthankar Roy and Anand V. Swamy trace the beginnings of the current Indian legal system to the years of British colonial rule. They show how India inherited an elaborate legal system from the British colonial administration, which incorporated elements from both British Common Law and indigenous institutions. In the case of property law, especially as it applied to agricultural land, indigenous laws and local political expediency were more influential in law-making than concepts borrowed from European legal theory. Conversely, with commercial law, there was considerable borrowing from Europe. In all cases, the British struggled with limited capacity to enforce their laws and an insufficient knowledge of the enormous diversity and differentiation within Indian society. A disorderly body of laws, not conducive to production and trade, evolved over time. Roy and Swamy’s careful analysis not only sheds new light on the development of legal institutions in India, but also offers insights for India and other emerging countries through a look at what fosters the types of institutions that are key to economic growth.
Law and the Environment: A Multidisciplinary Reader brings together for the first time some of the most important original work on environmental policy by scientists, ecologists, philosophers, historians, economists, and legal scholars. Each of the book's four parts provides a different focus on the nature and scope of environmental problems and attempts to use public policy to address these concerns. Part I examines how ecology, economics, and ethics analyze environmental problems and why they support collective action to respond to them. Part II examines the history and present state of environmental law, from early attempts to engage the government to current debate over the effectiveness of environmental policy. Part III explores the process by which environmental law gets translated into regulatory policy. Part IV considers the future of environmental law at a time when international environmental concerns have become a major force in global diplomacy and international trade agreements.
In drawing together a wide variety of perspectives on these issues, Robert V. Percival and Dorothy C. Alevizatos offer a comprehensive examination of how society has responded to the difficult challenges posed by environmental problems. The selections provide a rich introduction to the complexities of environmental policy disputes.
In his gripping new book, Walter Frank offers an in-depth look at the court cases that were pivotal in establishing gay rights. But he also tells the story of those individuals who were willing to make waves by fighting for those rights, taking enormous personal risks at a time when the tide of public opinion was against them. Frank’s accessible style brings complex legal issues down to earth but, as a former litigator, never loses sight of the law’s human dimension and the context of the events occurring outside the courtroom.
Chronicling the past half-century of gay and lesbian history, Law and the Gay Rights Story offers a unique perspective on familiar events like the Stonewall Riots, the AIDS crisis, and the repeal of “Don’t Ask, Don’t Tell.” Frank pays special attention to the constitutional issues surrounding same-sex marriage and closely analyzes the two recent Supreme Court cases addressing the issue. While a strong advocate for gay rights, Frank also examines critiques of the movement, including some coming from the gay community itself. Comprehensive in coverage, the book explains the legal and constitutional issues involved in each of the major goals of the gay rights movement: a safe and healthy school environment, workplace equality, an end to anti-gay violence, relationship recognition, and full integration into all the institutions of the larger society, including marriage and military service. Drawing from extensive archival research and from decades of experience as a practicing litigator, Frank not only provides a vivid history, but also shows where the battle for gay rights might go from here.
The essays draw on the critical procedures of law, art history, and cultural studies in order to create a new interdisciplinary field of visual culture and law. In exploring the hidden interdependence of law and art, the writings refute the generally held conception that law is fixed and rational while the judgment of art is autonomous and ambiguous. Among the topics addressed are the history of the relationship between art and law, the ways in which the visual is made subject to the force of the law, and the complex relations between law, the image, and identity.
With its groundbreaking ideas from a variety of intellectual traditions and disciplines, this book puts law and art into a new and exciting conversation that will introduce a new field of study and spark international debate.
Contributors are: Georges Didi-Huberman, Costas Douzinas, Hal Foster, Peter Goodrich, Piyel Haldar, Martin Jay, Mandy Merck, Lynda Nead, Jonathan Ribner, Katherine Fischer Taylor.
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.
“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.
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.
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.
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