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Civil Wars, Civil Peace
An Introduction to Conflict Resolution
Kumar Rupesinghe and Sanam Naraghi Anderlini
Pluto Press, 1998

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Empire in Denial
The Politics of State-Building
David Chandler
Pluto Press, 2006
In the 1990s, interventionist policies challenged the rights of individual states to self-governance. Today, non-Western states are more likely to be feted by international institutions offering programs of poverty-reduction, democratization and good governance. States without the right to self-government will always lack legitimate authority. The international policy agenda focuses on bureaucratic mechanisms, which can only institutionalize divisions between the West and the non-West and are unable to overcome the social and political divisions of post-conflict states. Highlighting the dangers of current policy—including the redefinition of sovereignty, and the subsequent erosion of ties linking power and accountability—David Chandler offers a critical look at state-building that will be of interest to all students of international affairs.
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Nation-Building as Necessary Effort in Fragile States
René Grotenhuis
Amsterdam University Press, 2016
Policies intended to bring stability to fragile states tend to focus almost exclusively on building institutions and systems to get governance right. Simply building the state is often seen as sufficient for making it stable and legitimate. But policies like these, René Grotenhuis shows in this book, ignore the question of what makes people belong to a nation-state, arguing that issues of identity, culture, and religion are crucial to creating the sense of belonging and social cohesion that a stable nation-state requires.
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Unintended Consequences
The United States at War
Kenneth J. Hagan and Ian J. Bickerton
Reaktion Books, 2008

“The United States does not do nation building,” claimed Secretary of Defense Donald Rumsfeld three years ago. Yet what are we to make of the American military bases in Korea? Why do American warships patrol the Somali coastline? And perhaps most significantly, why are fourteen “enduring bases” being built in Iraq? In every major foreign war fought by United States in the last century, the repercussions of the American presence have been felt long after the last Marine has left. Kenneth J. Hagan and Ian J. Bickerton argue here that, despite adamant protests from the military and government alike, nation building and occupation are indeed hallmarks—and unintended consequences—of American warmaking.

In this timely, groundbreaking study, the authors examine ten major wars fought by the United States, from the Revolutionary War to the ongoing Iraq War, and analyze the conflicts’ unintended consequences. These unexpected outcomes, Unintended Consequences persuasively demonstrates, stemmed from ill-informed decisions made at critical junctures and the surprisingly similar crises that emerged at the end of formal fighting. As a result, war did not end with treaties or withdrawn troops. Instead, time after time, the United States became inextricably involved in the issues of the defeated country, committing itself to the chaotic aftermath that often completely subverted the intended purposes of war.

Stunningly, Unintended Consequences contends that the vast majority of wars launched by the United States were unnecessary, avoidable, and catastrophically unpredictable. In a stark challenge to accepted scholarship, the authors show that the wars’ unintended consequences far outweighed the initial calculated goals, and thus forced cataclysmic shifts in American domestic and foreign policy.

A must-read for anyone concerned with the past, present, or future of American defense, Unintended Consequences offers a provocative perspective on the current predicament in Iraq and the conflicts sure to loom ahead of us.

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The Politics of Possibility
Risk and Security Beyond Probability
Louise Amoore
Duke University Press, 2013
Since September 11, 2001, the imagination of "low probability, high consequence" events has become a distinctive feature of contemporary politics. Uncertain futures—devastation by terrorist attack, cyber crime, flood, financial market collapse—must be discerned and responded to as possibilities, however improbable they may be. In The Politics of Possibility, Louise Amoore examines this development, tracing its genealogy through the diverse worlds of risk management consulting, computer science, commercial logistics, and data visualization. She focuses on the increasingly symbiotic relationship between commercial opportunities and state security threats, a relation that turns the trusted, iris-scanned traveler into "a person of national security interest," and the designer of risk algorithms for casino and insurance fraud into a homeland security resource. Juxtaposing new readings of Agamben, Foucault, Derrida, Massumi, and Connolly with interpretations of post–9/11 novels and artworks, Amoore analyzes the "politics of possibility" and its far-reaching implications for society, associative life, and political accountability.
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Conflict Resolution in the Twenty-first Century
Principles, Methods, and Approaches
Jacob Bercovitch and Richard Jackson
University of Michigan Press, 2009
In the past, arbitration, direct bargaining, the use of intermediaries, and deference to international institutions were relatively successful tools for managing interstate conflict. In the face of terrorism, intrastate wars, and the multitude of other threats in the post–Cold War era, however, the conflict resolution tool kit must include preventive diplomacy, humanitarian intervention, regional task-sharing, and truth commissions. Here, Jacob Bercovitch and Richard Jackson, two internationally recognized experts, systematically examine each one of these conflict resolution tools and describe how it works and in what conflict situations it is most likely to be effective.

Conflict Resolution in the Twenty-first Century is not only an essential introduction for students and scholars, it is a must-have guide for the men and women entrusted with creating stability and security in our changing world.

Cover illustration © iStockphoto.com

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Assessing Trade-Offs in U.S. Military Intervention Decisions
Whether, When, and with What Size Force to Intervene
Bryan Frederick
RAND Corporation, 2021
In this report, the authors create a framework that can be used to rigorously consider the trade-offs involved in U.S. military intervention decisions following the outbreak of a war or crisis. This framework can provide a better understanding of the relationships between intervention timing, intervention size, and intervention outcomes to inform future debates about whether, when, and with what size force to undertake a military intervention.
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Military Intervention after the Cold War
The Evolution of Theory and Practice
Andrea Kathryn Talentino
Ohio University Press, 2005

For hundreds of years, military intervention in another country was considered taboo and prohibited by international law. Since 1992, intervention has often been described as an international responsibility, and efforts have been made to give it legal justification. This extraordinary change in perceptions has taken place in only the space of a decade.

Military Intervention after the Cold War: The Evolution of Theory and Practice explores how and why this change took place, looking at how both ideas and actions changed in the post-Cold War period to make military intervention a tool of international security and a defining characteristic of the international system. Although intervention is often touted as a strategy to rebuild collapsed states, successful interventions are rare. Andrea Kathryn Talentino argues that standards of human rights and responsible governance have become part of the definition of international security. She addresses questions that are vital in the post-9/11 world, where weak and collapsed states are recognized as permissive and at times supportive environments for criminal actors.

The specter of terrorism has further emphasized the need to understand why military intervention is undertaken and how it could be more effective. Scholars, graduate and undergraduate students, and readers interested in understanding global interdependence will find Military Intervention after the Cold War an indispensable book.

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Reluctant Interveners
America's Failed Responses to Genocide from Bosnia to Darfur
Eyal Mayroz
Rutgers University Press, 2020
2020 Choice​ Outstanding Academic Title
Featured in the 2020 Association of University Presses Book, Jacket, and Journal Show

Why do we allow our governments to get away with “bystanding” to genocide? How can we, when alerted to the mass slaughter of innocents, still not take a stand? Reluctant Interveners provides the most comprehensive answers yet to these confronting questions, focusing on the complex relationships between the citizenry, the media, the political elites, and institutions in the most powerful nation in the world, the United States of America.

Eyal Mayroz offers a sobering account of the interactions between the governing and the governed, and the dynamics which transformed moral concerns for the lives of faraway “others” into cold political calculations. Exposed are the processes that turned the promise of “never again” to a recurring reality of ever again, the role of the office of the presidency in their advancement, and the resultant image of America as seen by the rest of the world. In a time of ubiquitous social media and populist revival, a greater role for the U.S. citizenry in decision-making on responses to genocide may be in the cards. The question is, in which directions will these trends take American foreign policy?
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Civil Wars and Foreign Powers
Outside Intervention in Intrastate Conflict
Patrick M. Regan
University of Michigan Press, 2002
We have seen recent massive intervention by the United States and its allies in Europe in internal conflict in Bosnia and Kosovo. In Outside Intervention in Intrastate Conflict, Patrick Regan systematically answers the question about the conditions under which third parties intervene in civil conflicts to stop the fighting. It uses data on all civil conflicts since 1945 to identify those conflicts that are amenable to outside interventions and the types of interventions that are more likely to be successful.
Outside Intervention in Intrastate Conflict is a book about how governments can help facilitate the end of civil conflicts. In a time when internal conflicts appear to be increasing in number, and increasingly destabilizing, governments need to know what policies work and when. Interventions are generally of two sorts--unilateral, or when one state takes action, and multilateral, such as UN or NATO action. This book examines the conditions under which each form of intervention is most likely and most effective. The analysis suggests that three conditions associated with multi-lateral interventions will increase the likelihood of success: mutual consent of the parties involved; impartiality on the part of the intervenors; and the existence of a coherent intervention strategy. The questions are posed from the perspective of the decision maker and the answers offered are framed in a language familiar to the decision-making community. The book mixes descriptive case material with systematic statistical analysis of a unique data set of all civil conflicts since World War II, providing contemporary examples to illustrate overall trends in the data. Beyond the policy implications this work is also rich in theoretical development about issues of conflict and conflict management.
This book will appeal to students of international conflict, civil war, ethnic conflict, and those who are concerned with developing policy in the post-cold war world to deal with intrastate conflict.
Patrick M. Regan is Assistant Professor of Political Science, Binghamton University.
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Secular Morality and International Security
American and British Decisions about War
Maria Fanis
University of Michigan Press, 2011

“[Fanis] demonstrates an impressive ability to travel nimbly between abstract theoretical concepts and a messy reality. In each one of the case study chapters, her analysis is rich, thoughtful, and imaginative.”
—Ido Oren, University of Florida

Combining insights from cultural studies, gender studies, and social history, Maria Fanis shows the critical importance of national identity in decisions about war and peace. She challenges conventional approaches by demonstrating that domestic ethical codes influence perceptions of threat from abroad. With an in-depth study of U.S.-British relations in the first half of the nineteenth century, and with an application to the recent War in Iraq, she ties changes in U.S. and British national interest to shifts in these nations’ domestic codes of morality.
 
Fanis’s findings have important implications for contemporary international relations theory. Apart from its relevance to current events, her work also makes a contribution to the literatures on foreign policy—specifically American and British foreign policies—and the causes of war.
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Neverending Wars
The International Community, Weak States, and the Perpetuation of Civil War
Ann Hironaka
Harvard University Press, 2008

Since 1945, the average length of civil wars has increased three-fold. What can explain this startling fact? It can't be ethnic hatreds and injustices—these have been around for centuries. In Neverending Wars, Ann Hironaka points to the crucial role of the international community in propping up many new and weak states that resulted from the decolonization movement after World War II. These impoverished states are prone to conflicts and lack the necessary resources to resolve them decisively. International aid and external military intervention from the international community often perpetuate such conflicts. And the Cold War further exacerbated the problem by providing large amounts of military aid. The continual infusion of weapons and resources can prolong such wars indefinitely.

This timely book will provide an entirely new way to look at recent, vicious civil wars, failed states, and the terrorist movements that emerge in their wake.

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Power, Institutions, and Leadership in War and Peace
Lessons from Peru and Ecuador, 1995–1998
By David R. Mares and David Scott Palmer
University of Texas Press, 2012

In January 1995, fighting broke out between Ecuadorian and Peruvian military forces in a remote section of the Amazon. It took more than three years and the interplay of multiple actors and factors to achieve a definitive peace agreement, thus ending what had been the region's oldest unresolved border dispute. This conflict and its resolution provide insights about other unresolved and/or disputed land and sea boundaries which involve almost every country in the Western Hemisphere.

Drawing on extensive field research at the time of the dispute and during its aftermath, including interviews with high-ranking diplomats and military officials, Power, Institutions, and Leadership in War and Peace is the first book-length study to relate this complex border dispute and its resolution to broader theories of conflict. The findings emphasize an emerging leadership approach in which individuals are not mere captives of power and institutions. In addition, the authors illuminate an overlap in national and international arenas in shaping effective articulation, perception, and selection of policy.

In the “new” democratic Latin America that emerged in the late 1970s through the early 1990s, historical memory remains influential in shaping the context of disputes, in spite of presumed U.S. post–Cold War influence. This study offers important, broader perspectives on a hemisphere still rife with boundary disputes as a rising number of people and products (including arms) pass through these borderlands.

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Ethics Beyond War's End
Eric Patterson, Editor
Georgetown University Press, 2015

The wars in Afghanistan and Iraq have focused new attention on a perennial problem: how to end wars well. What ethical considerations should guide war’s settlement and its aftermath? In cases of protracted conflicts, recurring war, failed or failing states, or genocide and war crimes, is there a framework for establishing an enduring peace that is pragmatic and moral?

Ethics Beyond War’s End provides answers to these questions from the just war tradition. Just war thinking engages the difficult decisions of going to war and how war is fought. But from this point forward just war theory must also take into account what happens after war ends, and the critical issues that follow: establishing an enduring order, employing political forms of justice, and cultivating collective forms of conciliation. Top thinkers in the field—including Michael Walzer, Jean Bethke Elshtain, James Turner Johnson, and Brian Orend—offer powerful contributions to our understanding of the vital issues associated with late- and post conflict in tough, real-world scenarios that range from the US Civil War to contemporary quagmires in Afghanistan, the Middle East, and the Congo.

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Wartime Sexual Violence
From Silence to Condemnation of a Weapon of War
Kerry F. Crawford
Georgetown University Press, 2017

Reports of sexual violence in armed conflict frequently appear in political discussions and news media, presenting a stark contrast to a long history of silence and nonrecognition. Conflict-related sexual violence has transitioned rapidly from a neglected human rights issue to an unambiguous security concern on the agendas of powerful states and the United Nations Security Council. Through interviews and primary-source evidence, Kerry F. Crawford investigates the reasons for this dramatic change and the implications of the securitization of sexual violence. 

Views about wartime sexual violence began changing in the 1990s as a result of the conflicts in the former Yugoslavia and Rwanda and then accelerated in the 2000s. Three case studies—the United States' response to sexual violence in the Democratic Republic of Congo, the adoption of UN Security Council Resolution 1820 in 2008, and the development of the United Kingdom’s Preventing Sexual Violence in Conflict Initiative—illustrate that use of the weapon of war frame does not represent pure co-optation by the security sector. Rather, well-placed advocates have used this frame to advance the antisexual violence agenda while simultaneously working to move beyond the frame’s constraints. This book is a groundbreaking account of the transformation of international efforts to end wartime sexual violence.

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How a Century of War Changed the Lives of Women
Lindsey German
Pluto Press, 2013

How a Century of War Changed the Lives of Women looks at the remarkable impact of war on women in Britain. It shows how conflict has changed women’s lives and how those changes have put women at the centre of peace campaigning.

Lindsey German, one of the UK's leading anti-war activists and commentators, shows how women have played a central role in anti-war and peace movements, including the recent wars in Afghanistan and Iraq. The women themselves talk about how they overcame prejudice and difficulty to become active. The book integrates this experience with a historical overview, analysing the two world wars as catalysts of social change for women. It looks at how the changing nature of war, especially the involvement of civilians, increasingly involves significant numbers of women.

As well as providing an inspiring account of women's opposition to war, the book also tackles key contemporary developments, challenging negative assumptions about Muslim women and showing how anti-war movements are feeding into a broader desire to change society.

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Hanoi Jane
Lembcke Jerry
University of Massachusetts Press, 2010

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Hanoi Jane
War, Sex, and Fantasies of Betrayal
Jerry Lembcke
University of Massachusetts Press, 2010
From Aristophanes' Lysistrata to the notorious Mata Hari and the legendary Tokyo Rose, stories of female betrayal during wartime have recurred throughout human history. The myth of Hanoi Jane, Jerry Lembcke argues, is simply the latest variation on this enduring theme. Like most of the iconic femmes fatales who came before, it is based on a real person, Jane Fonda. And also like its predecessors, it combines traces of fact with heavy doses of fiction to create a potent symbol of feminine perfidy—part erotic warrior-woman Barbarella, part savvy antiwar activist, and part powerful entrepreneur.

Hanoi Jane, the book, deconstructs Hanoi Jane, the myth, to locate its origins in the need of Americans to explain defeat in Vietnam through fantasies of home-front betrayal and the emasculation of the national will-to-war. Lembcke shows that the expression "Hanoi Jane" did not reach the eyes and ears of most Americans until five or six years after the end of the war in Vietnam. By then, anxieties about America's declining global status and deteriorating economy were fueling a populist reaction that pointed to the loss of the war as the taproot of those problems. Blaming the antiwar movement for undermining the military's resolve, many found in the imaginary Hanoi Jane the personification of their stab-in-the- back theories.

Ground zero of the myth was the city of Hanoi itself, which Jane Fonda had visited as a peace activist in July 1972. Rumors surrounding Fonda's visits with U.S. POWs and radio broadcasts to troops combined to conjure allegations of treason that had cost American lives. That such tales were more imagined than real did not prevent them from insinuating themselves into public memory, where they have continued to infect American politics and culture.

Hanoi Jane is a book about the making of Hanoi Jane by those who saw a formidable threat in the Jane Fonda who supported soldiers and veterans opposed to the war they fought, in the postcolonial struggle of the Vietnamese people to make their own future, and in the movements of women everywhere for gender equality.
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The Girls Next Door
Bringing the Home Front to the Front Lines
Kara Dixon Vuic
Harvard University Press, 2019

The story of the intrepid young women who volunteered to help and entertain American servicemen fighting overseas, from World War I through the wars in Afghanistan and Iraq.

The emotional toll of war can be as debilitating to soldiers as hunger, disease, and injury. Beginning in World War I, in an effort to boost soldiers’ morale and remind them of the stakes of victory, the American military formalized a recreation program that sent respectable young women and famous entertainers overseas.

Kara Dixon Vuic builds her narrative around the young women from across the United States, many of whom had never traveled far from home, who volunteered to serve in one of the nation’s most brutal work environments. From the “Lassies” in France and mini-skirted coeds in Vietnam to Marlene Dietrich and Marilyn Monroe, Vuic provides a fascinating glimpse into wartime gender roles and the tensions that continue to complicate American women’s involvement in the military arena. The recreation-program volunteers heightened the passions of troops but also domesticated everyday life on the bases. Their presence mobilized support for the war back home, while exporting American culture abroad. Carefully recruited and selected as symbols of conventional femininity, these adventurous young women saw in the theater of war a bridge between public service and private ambition.

This story of the women who talked and listened, danced and sang, adds an intimate chapter to the history of war and its ties to life in peacetime.

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Wounds of War
Julie M. Lamb, Marcy Levy, and Michael R. Reich
Harvard University Press, 2004

In the last half century, the nature of war has changed dramatically. Wars in the post–Cold War period have occurred mainly within national borders rather than between sovereign states. In these conflicts, civilians are increasingly the deliberate targets of war rather than accidental victims. Women and children in particular have become the intentional targets of murder, rape, and kidnapping.

The book focuses on the impact of war on women and girls, and the potential for women as peacemakers. The text addresses major policy issues facing organizations involved in humanitarian assistance, and highlights actions to address and resolve armed violence and conflict.

Wounds of War presents ten country profiles, along with information on eleven key topics related to the impacts of war, including the economies of war, small arms and light weapons, landmines, violence against women and girls, and missing persons.

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Beyond Winning
Negotiating to Create Value in Deals and Disputes
Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello
Harvard University Press, 2004

Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.

In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.

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Lawyers in Practice
Ethical Decision Making in Context
Edited by Leslie C. Levin and Lynn Mather
University of Chicago Press, 2012

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.

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Law and Revolution
Harold J. Berman
Harvard University Press, 1985

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.

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Legal Encounters on the Medieval Globe
Elizabeth Lambourn
Arc Humanities Press, 2017
Law has been a primary locus and vehicle of contact across human history—as a system of ideas embodied in people and enacted on bodies; and also as a material, textual, and sensory "thing." This volume analyzes a variety of legal encounters ranging from South Asia to South and Central America, Africa, the Middle East, and Europe. The seven essays also explore various material expressions of law that reveal the complexity and intensity of cross-cultural contact in this pivotal era.
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Speeches from Athenian Law
Edited by Michael Gagarin
University of Texas Press, 2011

This is the sixteenth volume in the Oratory of Classical Greece. This series presents all of the surviving speeches from the late fifth and fourth centuries BC in new translations prepared by classical scholars who are at the forefront of the discipline. These translations are especially designed for the needs and interests of today's undergraduates, Greekless scholars in other disciplines, and the general public.

Classical oratory is an invaluable resource for the study of ancient Greek life and culture. The speeches offer evidence on Greek moral views, social and economic conditions, political and social ideology, law and legal procedure, and other aspects of Athenian culture that have recently been attracting particular interest: women and family life, slavery, and religion, to name just a few.

This volume assembles twenty-two speeches previously published in the Oratory series. The speeches are taken from a wide range of different kinds of cases—homicide, assault, commercial law, civic status, sexual offenses, and others—and include many of the best-known speeches in these areas. They are Antiphon, Speeches 1, 2, 5, and 6; Lysias 1, 3, 23, 24, and 32; Isocrates 17, 20; Isaeus 1, 7, 8; Hyperides 3; Demosthenes 27, 35, 54, 55, 57, and 59; and Aeschines 1. The volume is intended primarily for use in teaching courses in Greek law or related areas such as Greek history. It also provides the introductions and notes that originally accompanied the individual speeches, revised slightly to shift the focus onto law.

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Lowering the Bar
Lawyer Jokes and Legal Culture
Marc Galanter
University of Wisconsin Press, 2006
What do you call 600 lawyers at the bottom of the sea? Marc Galanter calls it an opportunity to investigate the meanings of a rich and time-honored genre of American humor: lawyer jokes. Lowering the Bar analyzes hundreds of jokes from Mark Twain classics to contemporary anecdotes about Dan Quayle, Johnnie Cochran, and Kenneth Starr. Drawing on representations of law and lawyers in the mass media, political discourse, and public opinion surveys, Galanter finds that the increasing reliance on law has coexisted uneasily with anxiety about the “legalization” of society. Informative and always entertaining, his book explores the tensions between Americans’ deep-seated belief in the law and their ambivalence about lawyers.
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Law Stories
Gary Bellow and Martha Minow, Editors
University of Michigan Press, 1998
"War stories" is the phrase used by academic lawyers to disparage the ways practicing lawyers talk about their experiences. Gary Bellow and Martha Minow in Law Stories have gathered a group of stories that explore the actual experiences of clients and lawyers in concrete legal contexts.
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.
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Rules versus Relationships
The Ethnography of Legal Discourse
John M. Conley and William M. O'Barr
University of Chicago Press, 1990
In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.
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The Law of Primitive Man
A Study in Comparative Legal Dynamics
E. Adamson Hoebel
Harvard University Press, 1954
A classic work in the anthropology of law, this book offered one of the first ambitiously conceived analyses of the fundamental rights and duties that are treated as law among nonliterate peoples (labeled "primitive" at the time of the original publication). The heart of the book is a description and analysis of the law of five societies: the Eskimo; the Ifugao of northern Luzon in the Philippines; the Comanche, Kiowa, and Cheyenne tribes of the western plains of the United States; the Trobriand Islanders of the southwest Pacific; and the Ashanti of western Africa. Hoebel's lucid analysis reveals the variety and complexity of these societies' political and legal institutions. It emphasizes their use of due process in adjudication and enforcement and highlights the importance of general explicit standards of conduct in these societies. In offering these detailed case studies of societies studied by other anthropologists, and in outlining an influential approach to the subject, it remains an illuminating book for both scholars and students.
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Game Theory and the Law
Douglas G. Baird, Robert H. Gertner, and Randal C. Picker
Harvard University Press, 1994
This book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner’s dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.
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Dangerous Supplements
Resistance and Renewal in Jurisprudence
Peter Fitzpatrick, ed.
Duke University Press, 1991
In Dangerous Supplements expert legal scholars employing a variety of theoretical perspectives—feminism, poststructuralism, semiotics, and Marxism—challenge predominating views in jurisprudence. Prevailing notions of the nature of the law, they argue, have failed to recognize the law’s dependence on social constructs and the indeterminance of language. The contributors further claim that proponents of traditional notions have borrowed knowledge from other fields, only to reject that knowledge as ultimately subversive and dangerous in its ramifications.
Taking as a point of departure H. L. A. Hart’s The Concept of the Law, Peter Fitzgerald shows how Hart adopted Wittgenstein’s linguistic theory to overthrow J. L. Austin’s “simple” conception of rules and habits in law, only to jettison this theory in order to locate the essence of law in its evolution from a “primal scene.” Other chapters examine the way in which the setting of English law above social relations has masked an imperial mission; how the philosophies of Hayek and Marx, as well as the discourses of liberalism, feminism, semiotics, and poststructuralism, have been assiduously marginalized and rendered inessential to jurisprudence.
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The Legal Analyst
A Toolkit for Thinking about the Law
Ward Farnsworth
University of Chicago Press, 2007

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.

From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.

The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

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The Place of Law
Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey, Editors
University of Michigan Press, 2003
It has long been standard practice in legal studies to identify the place of law within the social order. And yet, as The Place of Law suggests, the meaning of the concept of "the place of law" is not self-evident.
This book helps us see how the law defines territory and attempts to keep things in place; it shows how law can be, and is, used to create particular kinds of places -- differentiating, for example, individual property from public land. And it looks at place as a metaphor that organizes the way we see the world. This important new book urges us to ask about the usefulness of metaphors of place in the design of legal regulation.
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Thinking Like a Lawyer
A New Introduction to Legal Reasoning
Frederick Schauer
Harvard University Press, 2009

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.

In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere.

Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

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How to Do Things with Legal Doctrine
Pierre Schlag and Amy J. Griffin
University of Chicago Press, 2020
Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the “New Doctrinalists,” Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on.  The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.
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Just Words
Law, Language, and Power
John M. Conley and William M. O'Barr
University of Chicago Press, 1998
Is it "just words" when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it "just words" when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power.

Conley and O'Barr show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic that will be welcomed by students and specialists alike.
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front cover of Just Words, Second Edition
Just Words, Second Edition
Law, Language, and Power
John M. Conley and William M. O'Barr
University of Chicago Press, 2005
Is it "just words" when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it "just words" when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power.

Conley and O'Barr show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic that will be welcomed by students and specialists alike.
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Just Words
Law, Language, and Power, Third Edition
John M. Conley, William M. O'Barr, and Robin Conley Riner
University of Chicago Press, 2019
Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. 

John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
 
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The Expressive Powers of Law
Theories and Limits
Richard H. McAdams
Harvard University Press, 2014

When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs.

“McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete…McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.”
Harvard Law Review

“McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both…McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.”
—Patrick McKinley Brennan, Review of Metaphysics

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Legal Language
Peter M. Tiersma
University of Chicago Press, 1998
Statutes, judicial opinions, contracts, deeds, and wills profoundly affect our daily lives, but their language tends to be often nearly impossible to understand. In this lively history of legal language, Peter Tiersma slices through the thicket of legalese, explaining where it comes from, why lawyers continue to cling to it, and why it's doesn't have to be an inevitable feature of our legal system.

"Legal Language will resonate with lawyers . . . and any non-lawyer who has waded through legal documents, or has tuned in to the latest trial on Court TV."—Carmie D. Boccuzzi, Jr., Boston Book Review

"[A] masterful, highly readable, and enjoyable book. . . . Legal Language is truly a fun book to read."—David Schultz, Law and Politics Book Review
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