The political and economic history of Latin America has been marked by great hopes and even greater disappointments. Despite abundant resources—and a history of productivity and wealth—in recent decades the region has fallen further and further behind developed nations, surpassed even by other developing economies in Southeast Asia and elsewhere.
In Left Behind, Sebastian Edwards explains why the nations of Latin America have failed to share in the fruits of globalization and forcefully highlights the dangers of the recent turn to economic populism in the region. He begins by detailing the many ways Latin American governments have stifled economic development over the years through excessive regulation, currency manipulation, and thoroughgoing corruption. He then turns to the neoliberal reforms of the early 1990s, which called for the elimination of deficits, lowering of trade barriers, and privatization of inefficient public enterprises—and which, Edwards argues, held the promise of freeing Latin America from the burdens of the past. Flawed implementation, however, meant the promised gains of globalization were never felt by the mass of citizens, and growing frustration with stalled progress has led to a resurgence of populism throughout the region, exemplified by the economic policies of Venezuela’sHugo Chávez. But such measures, Edwards warns, are a recipe for disaster; instead, he argues, the way forward for Latin America lies in further market reforms, more honestly pursued and fairly implemented. As an example of the promise of that approach, Edwards points to Latin America's giant, Brazil, which under the successful administration of President Luis Inácio da Silva (Lula) has finally begun to show signs of reaching its true economic potential.
As the global financial crisis has reminded us, the risks posed by failing economies extend far beyond their national borders. Putting Latin America back on a path toward sustained growth is crucial not just for the region but for the world, and Left Behind offers a clear, concise blueprint for the way forward.
Examines the ways in which the 'Left Behind' have been used to symbolize and foment social divisions in contemporary Britain.
'The Left Behind' is a defining motif of contemporary British political discourse. It is the thread that knits together the 2016 Brexit referendum, the crumbling of the fabled 'Red Wall' in the North, and the pernicious culture war being waged today. But who are the Left Behind?
James Morrison goes in search of the reality behind the rhetoric, offering the first comprehensive, historical analysis of the origins, uses and meanings of the term. He interrogates the popular archetype of the Left Behind - as a working-class, Leave-voting white male from a former industrial heartland - and situates the concept in the context of longstanding, demonizing discourses aimed at communities seen as backward and 'undeserving'.
Analyzing national newspaper coverage and parliamentary discussions, and drawing on interviews with MPs, community leaders, charities, and people with direct lived experiences of poverty and precarity, The Left Behind grapples with the real human cost of austerity for neglected post-industrial communities and other marginalized groups across the world, and the stigmatizing discourse that does little to serve them.
Despite St. Louis’s mid-twentieth-century reputation as a conservative and sleepy midwestern metropolis, the city and its surrounding region have long played host to dynamic forms of social-movement organizing. This was especially the case during the 1960s and 1970s, when a new generation of local activists lent their energies to the ongoing struggles for Black freedom, lesbian and gay liberation, feminist social transformations, environmental protection, an end to the Vietnam War, and more. This volume, the first of its kind, offers fifteen scholarly contributions that together bring into focus the exceptional range of progressive activist projects that took shape in a single midwestern city during these tumultuous decades.
In contrast to scholarship that seeks to interpret the era’s social-movement initiatives in a primarily national context, the works presented in this expansive collection emphasize the importance of locality, neighborhood, community institutions, and rooted social networks. Documenting wrenching forces of metropolitan change as well as grassroots resilience, Left in the Midwest shows us how place powerfully shaped agendas, worldviews, and opportunities for the disparate groups that dedicated themselves to progressive visions for their city. By revising our sense of the region’s past, this volume also expands our sense of the possibilities that the future may hold for activist movements seeking change in St. Louis and beyond.
Brown and Halley have assembled essays from diverse contributors—law professors, philosophers, political theorists, and literary critics—united chiefly by their willingness to think critically from the left about left legal projects. The essays themselves vary by topic, by theoretical approach, and by conclusion. While some contributors attempt to rework particular left legal projects, others insist upon abandoning or replacing those projects. Still others leave open the question of what is to be done as they devote their critical attention to understanding what we are doing. Above all, Left Legalism/Left Critique is a rare contemporary argument and model for the intellectually exhilarating and politically enriching dimensions of left critique—dimensions that persist even, and perhaps especially, when critique is unsure of the intellectual and political possibilities it may produce.
Contributors: Lauren Berlant, Wendy Brown, Judith Butler, Drucilla Cornell, Richard T. Ford, Katherine M. Franke, Janet Halley, Mark Kelman, David Kennedy, Duncan Kennedy, Gillian Lester, Michael Warner
In the 1930s as the capitalist system faltered, many in the United States turned to the political Left. Hollywood, so deeply embedded in capitalism, was not immune to this shift. Left of Hollywood offers the first book-length study of Depression-era Left film theory and criticism in the United States. Robé studies the development of this theory and criticism over the course of the 1930s, as artists and intellectuals formed alliances in order to establish an engaged political film movement that aspired toward a popular cinema of social change. Combining extensive archival research with careful close analysis of films, Robé explores the origins of this radical social formation of U.S. Left film culture.
Grounding his arguments in the surrounding contexts and aesthetics of a few films in particular—Sergei Eisenstein's Que Viva Mexico!, Fritz Lang's Fury, William Dieterle's Juarez, and Jean Renoir's La Marseillaise—Robé focuses on how film theorists and critics sought to foster audiences who might push both film culture and larger social practices in more progressive directions. Turning at one point to anti-lynching films, Robé discusses how these movies united black and white film critics, forging an alliance of writers who championed not only critical spectatorship but also the public support of racial equality. Yet, despite a stated interest in forging more egalitarian social relations, gender bias was endemic in Left criticism of the era, and female-centered films were regularly discounted. Thus Robé provides an in-depth examination of this overlooked shortcoming of U.S. Left film criticism and theory.
Claudia Cumberbatch Jones was born in Trinidad. In 1924, she moved to New York, where she lived for the next thirty years. She was active in the Communist Party from her early twenties onward. A talented writer and speaker, she traveled throughout the United States lecturing and organizing. In the early 1950s, she wrote a well-known column, “Half the World,” for the Daily Worker. As the U.S. government intensified its efforts to prosecute communists, Jones was arrested several times. She served nearly a year in a U.S. prison before being deported and given asylum by Great Britain in 1955. There she founded The West Indian Gazette and Afro-Asian Caribbean News and the Caribbean Carnival, an annual London festival that continues today as the Notting Hill Carnival. Boyce Davies examines Jones’s thought and journalism, her political and community organizing, and poetry that the activist wrote while she was imprisoned. Looking at the contents of the FBI file on Jones, Boyce Davies contrasts Jones’s own narration of her life with the federal government’s. Left of Karl Marx establishes Jones as a significant figure within Caribbean intellectual traditions, black U.S. feminism, and the history of communism.
How do survivors recover from the worst urban flood in American history, a disaster that destroyed nearly the entire physical landscape of a city, as well as the mental and emotional maps that people use to navigate their everyday lives? This question has haunted the survivors of Hurricane Katrina and informed the response to the subsequent flooding of New Orleans across many years.
Left to Chance takes us into two African American neighborhoods—working-class Hollygrove and middle-class Pontchartrain Park—to learn how their residents have experienced “Miss Katrina” and the long road back to normal life. The authors spent several years gathering firsthand accounts of the flooding, the rushed evacuations that turned into weeks- and months-long exile, and the often confusing and exhausting process of rebuilding damaged homes in a city whose local government had all but failed. As the residents’ stories make vividly clear, government and social science concepts such as “disaster management,” “restoring normality,” and “recovery” have little meaning for people whose worlds were washed away in the flood. For the neighbors in Hollygrove and Pontchartrain Park, life in the aftermath of Katrina has been a passage from all that was familiar and routine to an ominous world filled with raw existential uncertainty. Recovery and rebuilding become processes imbued with mysteries, accidental encounters, and hasty adaptations, while victories and defeats are left to chance.
Left-leaning political parties play an important role as representatives of the poor and disempowered. They once did so by promising protections from the forces of capital and the market’s tendencies to produce inequality. But in the 1990s they gave up on protection, asking voters to adapt to a market-driven world. Meanwhile, new, extreme parties began to promise economic protections of their own—albeit in an angry, anti-immigrant tone.
To better understand today’s strange new political world, Stephanie L. Mudge’s Leftism Reinvented analyzes the history of the Swedish and German Social Democrats, the British Labour Party, and the American Democratic Party. Breaking with an assumption that parties simply respond to forces beyond their control, Mudge argues that left parties’ changing promises expressed the worldviews of different kinds of experts. To understand how left parties speak, we have to understand the people who speak for them.
Leftism Reinvented shows how Keynesian economists came to speak for left parties by the early 1960s. These economists saw their task in terms of discretionary, politically-sensitive economic management. But in the 1980s a new kind of economist, who viewed the advancement of markets as left parties’ main task, came to the fore. Meanwhile, as voters’ loyalties to left parties waned, professional strategists were called upon to “spin” party messages. Ultimately, left parties undermined themselves, leaving a representative vacuum in their wake. Leftism Reinvented raises new questions about the roles and responsibilities of left parties—and their experts—in politics today.
A new ontology for a globalized world
Rich with analyses of concepts from deconstruction, systems theory, and post-Marxism, with critiques of fundamentalist thought and the war on terror, this volume argues for developing a philosophy of being in order to overcome the quandary of postmodern relativism. Undergirding the contributions are the premises that ontology is a vital concept for philosophy today, that an acceptable leftist ontology must avoid the kind of identity politics that has dominated recent cultural studies, and that a new ontology must be situated within global capitalism.
A Leftist Ontology offers a timely intervention in political philosophy, featuring some of the leading voices of our time.Contributors: Bruno Bosteels, Cornell U; Christopher Breu, Illinois State U; Nicholas Brown, U of Illinois at Chicago; Sorin Radu Cucu, Manhattan College; George Edmondson, Dartmouth College; Eva Geulen, U of Bonn; Philip Goldstein, U of Delaware; Klaus Mladek, Dartmouth College; Alberto Moreiras, U of Aberdeen; Jeffrey T. Nealon, Pennsylvania State U; William Rasch, Indiana U; Ben Robinson, Indiana U; Imre Szeman, McMaster U; Roland Vegso, U of Tennessee, Knoxville.Legacies of Anti-Semitism in France was first published in 1983. 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.
These four essays—on Blanchot, Lacan, Giraudoux, and Gide—have as their focus the barely imaginable coherence which the writings of four major contemporaries take on when read in the light of France's pre-World War II heritage of anti-Jewish thought. As the essays delve into such crucial topics as the inaugural silence in Blanchot's sense of literature, the "style" of Lacan, Giraudoux's relation to Racine, and the sexual politics of Gide, they engage a realm that at times seems—or seemed—anti-Semitic in its essence. Negotiating the complex ramifications of a lost tradition and the structure of its obliteration, Jeffrey Mehlman, in his conclusion, speculates on the emblematic value of Walter Benjamin's perpetually deferred "journey to Palestine via France" and its import for textual interpretation.
A French version of Mehlman's essay on Blanchot, published in Tel quel,spurred an impassioned journalistic debate in Paris and London. Broadening still further the context of that inquiry, Legacies will prove a source of provocation and insight to all who are interested in the intellectual history of contemporary France.
Traces the changing meanings of lynching and examines the political power of lynching as metaphor
Between 1880 and 1930, thousands of African Americans were lynched in the United States. Beyond the horrific violence inflicted on these individuals, lynching terrorized whole communities and became a defining characteristic of Southern race relations in the Jim Crow era. As spectacle, lynching was intended to serve as a symbol of white supremacy. Yet, Jonathan Markovitz notes, the act's symbolic power has endured long after the practice of lynching has largely faded away.
Legacies of Lynching examines the evolution of lynching as a symbol of racial hatred and a metaphor for race relations in popular culture, art, literature, and political speech. Markovitz credits the efforts of the antilynching movement with helping to ensure that lynching would be understood not as a method of punishment for black rapists but as a terrorist practice that provided stark evidence of the brutality of Southern racism and as America’s most vivid symbol of racial oppression. Cinematic representations of lynching, from Birth of a Nation to Do the Right Thing, he contends, further transform the ways that American audiences remember and understand lynching, as have disturbing recent cases in which alleged or actual acts of racial violence reconfigured stereotypes of black criminality. Markovitz further reveals how lynching imagery has been politicized in contemporary society with the example of Clarence Thomas, who condemned the Senate's investigation into allegations of sexual harassment during his Supreme Court confirmation hearings as a “high-tech lynching.”Even today, as revealed by the 1998 dragging death of James Byrd in Jasper, Texas, and the national soul-searching it precipitated, lynching continues to pervade America's collective memory. Markovitz concludes with an analysis of debates about a recent exhibition of photographs of lynchings, suggesting again how lynching as metaphor remains always in the background of our national discussions of race and racial relations.Legacies of Space and Intangible Heritage is an interdisciplinary exploration of the intersections between the study and management of physical sites and the reproduction of intangible cultural legacies. The volume provides nine case studies that explore different ways in which place is mediated by social, political, and ecological processes that have deep historical roots and that continue to affect the politics of heritage management.
Spaces of human habitation are both historical records of the past and key elements in reproducing the knowledge and values that define lives in the present. Practices, knowledge, and skills that communities recognize as part of their culture—and that a range of legal statutes define as protected intangible heritages—are threatened by increased migration, the displacement of indigenous peoples, and limits on access to culturally or historically significant sites. This volume addresses how different physical environments contribute to the reproduction of cultural forms even in the wake of these processes of displacement and change. Case studies from North and South America reveal a pattern of abandonment and reestablishment of settlements and show how collective memory drives people back to culturally meaningful sites.
This tendency for communities to return to the sites that shaped their collective histories, along with the growing importance granted to intangible heritage, challenges archaeologists and other heritage workers to find new ways of incorporating the cultural legacies that link societies to place into the work of research and stewardship. By examining the politics of cultural continuity through the lenses of archaeology and ethnohistory, Legacies of Space and Intangible Heritage demonstrates this complex relationship between a people’s heritage and the landscape that affects the making of "place."
Contributors: Rani Alexander, Hannah Becker, Minette Church, Bonnie Clark, Chip Colwell, Winifred Creamer, Emiliana Cruz, T. J. Ferguson, Julio Hoil Gutierrez, Jonathan Haas, Saul Hedquist, Maren Hopkins, Stuart B. Koyiyumptewa, Christine Kray, Henry Marcelo Castillo, Anna Roosevelt, Jason Yaeger, Keiko Yoneda
The story of Don Juan first appeared in writing in seventeenth-century Spain, reaching Russia about a century later. Its real impact, however, was delayed until Russia’s most famous poet, Alexander Pushkin, put his own, unique, and uniquely inspirational, spin on the tale. Published in 1830, TheStone Guest is now recognized, with other Pushkin masterpieces, as part of the Russian literary canon. Alexander Burry traces the influence of Pushkin’s brilliant innovations to the legend, which he shows have proven repeatedly fruitful through successive ages of Russian literature, from the Realist to the Silver Age, Soviet, and contemporary periods. Burry shows that, rather than creating a simple retelling of an originally religious tale about a sinful, consummate seducer, Pushkin offered open-ended scenes, re-envisioned and complicated characters, and new motifs that became recursive and productive parts of Russian literature, in ways that even Pushkin himself could never have predicted.
Wars always harm civilians. How wars are waged—with what means and methods, and with what underlying animus—has great impact on civilian suffering and social memory. Across time frames and cultures, this book examines the various distinct features of anti- and post-colonial wars, the two World Wars, and recent wars of the 21st century in terms of their disruption of everyday life and their enduring distortion of social ecosystems. With a lens trained on how civilians and soldiers remember the experience of armed conflict, Legacies of War challenges narrow conceptions of the cost of war.
Jennifer Leaning, a humanitarian and human rights analyst, draws on her diverse experience to describe both the long- and short-term consequences of wars waged in the midst of—or even against—civilian populations. The book illuminates a breakdown of distinction between home front and battlefront and the resulting erosion of civilian protection with the rise of intrastate war and policies of war-at-a-distance. Enlisting seasoned contributors for a wide-ranging set of essays, the book identifies significant trends in the conduct of war, and traces how these trends are later rendered in individual and social rituals of interpretation, commemoration, expiation, or avoidance.
When Linda Spence asked her aging mother to write her life story, her mother stared at a blank sheet of paper and asked—“How? Where do I begin?” In this practical guide to capturing those memories that have been stored away, Linda Spence provides the questions that are the keys to unlocking the memories that make up a life.
Beyond the vital statistics are the personal stories that tell what it was like, what we did, and why we did it, how we feel about our choices, and what our circumstances were. Through encouraging coaching, shared memories, and open-ended questions, the process of producing a personal history becomes intriguing and engaging.
With Legacy the possibilities expand: a personal record is preserved—with its myths, traditions, joys, pains, gains, and losses; a family opens a potential dialogue that will last for generations; the writer has an opportunity for insight and resolution; the culture of a time and place is noted; the tradition of personal story is revitalized, and our present and future find nourishment and knowledge in the past.
Either as a gift that can act as a shared experience as the memories are recounted or as a personal way to take account of one’s experiences, often long since forgotten, Legacy is indeed a way to get one’s story down.
Thoroughly grounded in the latest scholarly literature, theoretical sources, and experimental results, Legacy and Legitimacy substantially advances understanding of Black Americans’ attitudes toward the Supreme Court, the Court’s ability to influence Blacks’ opinions about the legitimacy of public institutions and policies, and the role of media in shaping Blacks’ judgments.
Drawing on legitimacy theory—which explains the acceptance of or tolerance for controversial policies—the authors begin by reexamining the significance of “diffuse support” in establishing legitimacy. They provide a useful overview of the literature on legitimacy and a concise history of the special relationship between Blacks and the Court. They investigate the influences of group attitudes and media “framing.” And they employ data from large-scale surveys to show that Blacks with greater levels of diffuse support for the Court are more likely to adopt positions consistent with Court rulings.
With its broad scope and inclusion of new experimental findings, Legacy and Legitimacy will interest students and scholars of judicial politics, racial politics, media and politics, black studies and public opinion.
Bartosik-Velez seeks to explain the meaning of Christopher Columbus throughout the so-called New World, first in the British American colonies and the United States, as well as in Spanish America, during the eighteenth and nineteenth centuries. She argues that, during the pre- and post-revolutionary periods, New World societies commonly imagined themselves as legitimate and powerful independent political entities by comparing themselves to the classical empires of Greece and Rome. Columbus, who had been construed as a figure of empire for centuries, fit perfectly into that framework. By adopting him as a national symbol, New World nationalists appeal to Old World notions of empire.
Considered by many to be the greatest writer of his generation, David Foster Wallace was at the height of his creative powers when he committed suicide in 2008. In a sweeping portrait of Wallace’s writing and thought and as a measure of his importance in literary history, The Legacy of David Foster Wallace gathers cutting-edge, field-defining scholarship by critics alongside remembrances by many of his writer friends, who include some of the world’s most influential authors.
This volume examines the legacy of the East–West divide since the implosion of the communist regimes in Europe. The ideals of 1989 have largely been frustrated by the crises and turmoil of the past decade. The liberal consensus was first challenged as early as the mid-2000s. In Eastern Europe, grievances were directed against the prevailing narratives of transition and ever sharper ethnic-racial antipathies surfaced in opposition to a supposedly postnational and multicultural West. In Western Europe, voices regretting the European Union's supposedly careless and premature expansion eastward began to appear on both sides of the left–right and liberal–conservative divides. The possibility of convergence between Europe's two halves has been reconceived as a threat to the European project.
In a series of original essays and conversations, thirty-three contributors from the fields of European and global history, politics and culture address questions fundamental to our understanding of Europe today: How have perceptions and misperceptions between the two halves of the continent changed over the last three decades? Can one speak of a new East–West split? If so, what characterizes it and why has it reemerged? The contributions demonstrate a great variety of approaches, perspectives, emphases, and arguments in addressing the daunting dilemma of Europe's assumed East–West divide.
With the untimely death of Edward W. Said in 2003, various academic and public intellectuals worldwide have begun to reassess the writings of this powerful oppositional intellectual. Figures on the neoconservative right have already begun to discredit Said’s work as that of a subversive intent on slandering America’s benign global image and undermining its global authority. On the left, a significant number of oppositional intellectuals are eager to counter this neoconservative vilification, proffering a Said who, in marked opposition to the “anti-humanism” of the great poststructuralist thinkers who were his contemporaries--Jacques Derrida, Jean-Francois Lyotard, Jacques Lacan, Louis Althusser, and Michel Foucault--reaffirms humanism and thus rejects poststructuralist theory.
In this provocative assessment of Edward Said’s lifework, William V. Spanos argues that Said’s lifelong anti-imperialist project is actually a fulfillment of the revolutionary possibilities of poststructuralist theory. Spanos examines Said, his legacy, and the various texts he wrote--including Orientalism,Culture and Imperialism, and Humanism and Democratic Criticism--that are now being considered for their lasting political impact.
This is the first full-scale intellectual biography in English of Erich Fromm, perhaps the most widely read psychoanalyst after Freud, whose contributions to clinical and social psychology and the history of the psychoanalytic movement have long been underrated. Though considered a pedant, a popularizer--Escape from Freedom, The Sane Society, and The Art of Loving, among others, were best-sellers -and an "outsider" in many psychoanalytic circles, Fromm played a historic role in the development of the discipline. As a member of Freud's "loyal opposition" with strong leanings toward the "dissident fringe;' he helped effect the transfer of productive ideas from the periphery to the mainstream of the psychoanalytic movement. Daniel Burston's meticulous elucidation of these ideas unravels the numerous strands--philosophical, literary, and social--that formed a part of Freud's own work and of Fromm's sympathetic, but not uncritical, reaction to Freudian orthodoxy. Despite his grounding in the tradition of Freud, contemporaries and former associates persistently misunderstood Fromm's work.
Insofar as he attempted to decipher the ideological subtexts to Freudian theory, analytically oriented theorists doing clinical or social research avoided his ideas. His Marxist leanings and his radically historical approach to human behavior made it all but impossible for mainstream academic psychologists to grasp his meaning, much less to grant it any validity. At the same time, his humanistic and ethical concerns struck many psychologists as grossly unscientific.
Practical and intellectual constraints have conspired to ensure that Fromm's impact has been peripheral at best. Burston's eloquent, evenhanded reassessment of Fromm's life and work cuts through the ideological and political underbrush to reveal his pivotal role as a theorist and a critic of modern psychoanalysis. It leads readers back to Freud, whose theoretical and clinical contributions Fromm refracted and extended, and on to controversies that remain a vital part of contemporary intellectual life.
Capturing the lively modernist milieu of Kenneth Burke’s early career in Greenwich Village, where Burke arrived in 1915 fresh from high school in Pittsburgh, this book discovers him as an intellectual apprentice conversing with “the moderns.” Burke found himself in the midst of an avant-garde peopled by Malcolm Cowley, Marianne Moore, Jean Toomer, Katherine Anne Porter, William Carlos Williams, Allen Tate, Hart Crane, Alfred Stieglitz, and a host of other fascinating figures.
Burke himself, who died in 1993 at the age of 96, has been hailed as America’s most brilliant and suggestive critic and the most significant theorist of rhetoric since Cicero. Many schools of thought have claimed him as their own, but Burke has defied classification and indeed has often been considered a solitary, eccentric genius immune to intellectual fashions. But Burke’s formative work of the 1920s, when he first defined himself and his work in the context of the modernist conversation, has gone relatively unexamined.
Here we see Burke living and working with the crowd of poets, painters, and dramatists affiliated with Others magazine, Stieglitz’s “291” gallery, and Eugene O’Neill’s Provincetown Players; the leftists associated with the magazines The Masses and Seven Arts; the Dadaists; and the modernist writers working on literary journals like The Dial, where Burke in his capacity as an associate editor saw T. S. Eliot’s “The Wasteland” into print for the first time and provided other editorial services for Thomas Mann, e.e. cummings, Ezra Pound, and many other writers of note. Burke also met the iconoclasts of the older generation represented by Theodore Dreiser and H. L. Mencken, the New Humanists, and the literary nationalists who founded Contact and The New Republic. Jack Selzer shows how Burke’s own early poems, fiction, and essays emerged from and contributed to the modernist conversation in Greenwich Village. He draws on a wonderfully rich array of letters between Burke and his modernist friends and on the memoirs of his associates to create a vibrant portrait of the young Burke’s transformation from aesthete to social critic.
In this tribute to Charlton Laird, ten scholars in the fields of language and linguistics provide ordinary readers with new insight into the workings of the English language. Laird, one of Nevada's treasured authors, was a professor of English at the University of Nevada, Reno.
Harvard’s searing and sobering indictment of its own long-standing relationship with chattel slavery and anti-Black discrimination.
In recent years, scholars have documented extensive relationships between American higher education and slavery. The Legacy of Slavery at Harvard adds Harvard University to the long list of institutions, in the North and the South, entangled with slavery and its aftermath.
The report, written by leading researchers from across the university, reveals hard truths about Harvard’s deep ties to Black and Indigenous bondage, scientific racism, segregation, and other forms of oppression. Between the university’s founding in 1636 and 1783, when slavery officially ended in Massachusetts, Harvard leaders, faculty, and staff enslaved at least seventy people, some of whom worked on campus, where they cared for students, faculty, and university presidents. Harvard also benefited financially and reputationally from donations by slaveholders, slave traders, and others whose fortunes depended on human chattel. Later, Harvard professors and the graduates they trained were leaders in so-called race science and eugenics, which promoted disinvestment in Black lives through forced sterilization, residential segregation, and segregation and discrimination in education.
No institution of Harvard’s scale and longevity is a monolith. Harvard was also home to abolitionists and pioneering Black thinkers and activists such as W. E. B. Du Bois, Charles Hamilton Houston, and Eva Beatrice Dykes. In the late twentieth century, the university became a champion of racial diversity in education. Yet the past cannot help casting a long shadow on the present. Harvard’s motto, Veritas, inscribed on gates, doorways, and sculptures all over campus, is an exhortation to pursue truth. The Legacy of Slavery at Harvard advances that necessary quest.
In late 2007 and early 2008, world-renowned historians gathered in Kansas City for a series of public forums on World War I. Each of the five events focused on a particular topic and featured spirited dialogue between its prominent participants.
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.
The status of Islam in Western societies remains deeply contentious. Countering strident claims on both the right and left, Legal Integration of Islam offers an empirically informed analysis of how four liberal democracies—France, Germany, Canada, and the United States—have responded to the challenge of integrating Islam and Muslim populations. Demonstrating the centrality of the legal system to this process, Christian Joppke and John Torpey reject the widely held notion that Europe is incapable of accommodating Islam and argue that institutional barriers to Muslim integration are no greater on one side of the Atlantic than the other.
While Muslims have achieved a substantial degree of equality working through the courts, political dynamics increasingly push back against these gains, particularly in Europe. From a classical liberal viewpoint, religion can either be driven out of public space, as in France, or included without sectarian preference, as in Germany. But both policies come at a price—religious liberty in France and full equality in Germany. Often seen as the flagship of multiculturalism, Canada has found itself responding to nativist and liberal pressures as Muslims become more assertive. And although there have been outbursts of anti-Islamic sentiment in the United States, the legal and political recognition of Islam is well established and largely uncontested.
Legal Integration of Islam brings to light the successes and the shortcomings of integrating Islam through law without denying the challenges that this religion presents for liberal societies.
Law reform struggles have always been a part of the grassroots lesbian and gay agenda. These critical essays examine the politics of these engagements, of lesbians, gay men, and the law in the United States, Canada, and the United Kingdom. From a wide range of perspectives, the contributors combine new conceptual insights with a concern for the practicalities of political engagements, tackling such vital topics as legal definitions of homosexuality, AIDS activism, and race and sexuality.
Contributors: Katherine Arnup, Susan Boyd, Peter M. Cicchino, Davina Cooper, Bruce R. Deming, Mary Eaton, William F. Flanagan, Leo Flynn, Shelley A. M. Gavigan, Leslie J. Moran, Katherine M. Nicholson, Cynthia Petersen, Ruthann Robson, and the editors.
The popularization of basic legal knowledge is an important and contested technique of state governance in China today. Its roots reach back to the early years of Chinese Communist Party rule. Legal Lessons tells the story of how the party-state attempted to mobilize ordinary citizens to learn laws during the early years of the Mao period (1949–1976) and in the decade after Mao’s death.
Examining case studies such as the dissemination of the 1950 Marriage Law and successive constitutions since 1954 in Beijing and Shanghai, Jennifer Altehenger traces the dissemination of legal knowledge at different levels of state and society. Archival records, internal publications, periodicals, advice manuals, memoirs, and colorful propaganda materials reveal how official attempts to determine and promote “correct” understandings of laws intersected with people’s interpretations of written laws and with their experiences of laws in practice. They also show how diverse groups—including party-state leadership, legal experts, publishers, writers, artists, and local officials, along with ordinary people—helped to define the meaning of laws in China’s socialist society. Placing mass legal education and law propaganda at the center of analysis, Legal Lessons offers a new perspective on the sociocultural and political history of law in socialist China.
The popularization of basic legal knowledge is an important and contested technique of state governance in China today. Its roots reach back to the early years of Chinese Communist Party rule. Legal Lessons tells the story of how the party-state attempted to mobilize ordinary citizens to learn laws during the early years of the Mao period (1949–1976) and in the decade after Mao’s death.
Examining case studies such as the dissemination of the 1950 Marriage Law and successive constitutions since 1954 in Beijing and Shanghai, Jennifer Altehenger traces the dissemination of legal knowledge at different levels of state and society. Archival records, internal publications, periodicals, advice manuals, memoirs, and colorful propaganda materials reveal how official attempts to determine and promote “correct” understandings of laws intersected with people’s interpretations of written laws and with their experiences of laws in practice. They also show how diverse groups—including party-state leadership, legal experts, publishers, writers, artists, and local officials, along with ordinary people—helped to define the meaning of laws in China’s socialist society. Placing mass legal education and law propaganda at the center of analysis, Legal Lessons offers a new perspective on the sociocultural and political history of law in socialist China.
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day.
The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Like many another statesman, John Adams entered the political arena by way of the legal profession. Here, gathered together in three volumes, is an inclusive presentation of the important legal cases in which he was involved. Student notes and Commonplace Book, which show the influences on the young law student in 1758 and 1759 are followed by Adams' Pleadings Book, a collection of forms providing a cross-section of the law in eighteenth-century Massachusetts and showing his work as teacher as well as student.
The sixty-four cases documented are divided into sixteen legal categories such as Torts, Property, Domestic Relations, Town Government, Conservation, Religion, Slavery, and Admiralty. They are preceded by editorial headnotes which discuss the background, significance, and importance of each category and case. Careful and thorough footnotes explain textual and legal problems; a register of John Adams' contemporaries furnishes sketches of his colleagues on the bench and bar; and an exhaustive chronology records his growing practice. But the bulk of the material consists of Adams' own notes and minutes, supplemented by court records, letters, depositions of witnesses, and the minutes of other lawyers, as well as extracts from Adams' correspondence and diary to make the record of each case as full as possible. Many of the cases concern events, personalities, and legal struggles directly related to the American Revolution.
The entire third volume of this imposing collection is devoted to the so-called "Boston Massacre." Confronted by a fascinating mass of conflicting evidence, charges and countercharges, and confused and confusing witnesses, many Americans will be surprised to discover that they must revise their notions about what actually happened on that March evening in 1770, why it did, and what ensued.
These three books comprise the first segment of Series III of The Adams Papers. The William Nelson Cromwell Foundation has made possible the editing of these volumes by means of a generous grant to the Harvard Law School.
As Europe began to grow rich during the Middle Ages, its wealth materialized in the well-made clothes, linens, and wares of ordinary households. Such items were indicators of one’s station in life in a society accustomed to reading visible signs of rank. In a world without banking, household goods became valuable commodities that often substituted for hard currency. Pawnbrokers and resellers sprang up, helping to push these goods into circulation. Simultaneously, a harshly coercive legal system developed to ensure that debtors paid their due.
Focusing on the Mediterranean cities of Marseille and Lucca, Legal Plunder explores how the newfound wealth embodied in household goods shaped the beginnings of a modern consumer economy in late medieval Europe. The vigorous trade in goods that grew up in the fourteenth and fifteenth centuries entangled households in complex relationships of credit and debt, and one of the most common activities of law courts during the period was debt recovery. Sergeants of the law were empowered to march into debtors’ homes and seize belongings equal in value to the debt owed. These officials were agents of a predatory economy, cogs in a political machinery of state-sponsored plunder.
As Daniel Smail shows, the records of medieval European law courts offer some of the most vivid descriptions of material culture in this period, providing insights into the lives of men and women on the cusp of modern capitalism. Then as now, money and value were implicated in questions of power and patterns of violence.
A searing, historically rich account of how US policing and punishment have been retrofitted over the last four decades to extract public and private revenues from America’s poorest and most vulnerable communities.
Alongside the rise of mass incarceration, a second profound and equally disturbing development has transpired. Since the 1980s, US policing and punishment have been remade into tools for stripping resources from the nation’s most oppressed communities and turning them into public and private revenues. Legal Plunder analyzes this development’s origins, operations, consequences, and the political struggles that it has created.
Drawing on historical and contemporary evidence, including original ethnographic research, Joshua Page and Joe Soss examine the predatory dimensions of criminal legal governance to show how practices that criminalize, police, and punish have been retrofitted to siphon resources from subordinated groups, subsidize governments, and generate corporate profits. As tax burdens have declined for the affluent, this financial extraction—now a core function of the country’s sprawling criminal legal apparatus—further compounds race, class, and gender inequalities and injustices. Legal Plunder shows that we can no longer afford to overlook legal plunder or the efforts to dismantle it.
The countries of Central America, afflicted for many years by civil strife and economic stagnation, are entering a new era of peace, democracy, and economic development. Now, more than ever, it is necessary for reforms in the legal system to successfully support these changes.
This volume examines two fields of law in which reforms are especially crucial: the improvement of the judicial systems and other mechanisms for resolving noncriminal disputes, and modernization of the laws governing both tangible and "intellectual" property. Among the specific topics addressed in the volume are the debate over "oralidad;" the problem of interlocutory appeals; nonjudicial procedures for resolving disputes (negotiation, mediation, conciliation, and arbitration); land and trademark registration systems; land reform in Nicaragua; the management of genetic resources; online legal databases; and legal education.
Law is a moving system of rules that changes according to a nation’s political and socioeconomic development. To understand the law of the People’s Republic of China today, it is imperative to learn the history and philosophy of the law when it was first shaped. This is a comprehensive introduction to Chinese legal scholarship and the prominent scholars who developed it during the initial decades of the PRC, when the old Chinese legal system was abolished by the newly established Communist government. With responsibilities for full-scale recovery and reconstruction, while cultivating entirely new disciplines and branches of legal studies, the thirty-three leading legal scholars featured herein became the creators, pioneers, and teachers of the new Communist legal system. Through their scholarship, we can see where the field of Chinese legal studies came from, and where it is going.
Nongji Zhang reveals the stories of the most prominent PRC legal scholars, including their backgrounds, scholarly contributions, and important works. This essential tool and resource for the study of Chinese law will be of great use to faculty, students, scholars, librarians, and anyone interested in the field.
“An extraordinarily good synthesis from an amazing range of philosophical, legal, and technological sources . . . the book will appeal to legal academics and students, lawyers involved in e-commerce and cyberspace legal issues, technologists, moral philosophers, and intelligent lay readers interested in high tech issues, privacy, [and] robotics.”
—Kevin Ashley, University of Pittsburgh School of Law
As corporations and government agencies replace human employees with online customer service and automated phone systems, we become accustomed to doing business with nonhuman agents. If artificial intelligence (AI) technology advances as today’s leading researchers predict, these agents may soon function with such limited human input that they appear to act independently. When they achieve that level of autonomy, what legal status should they have?
Samir Chopra and Laurence F. White present a carefully reasoned discussion of how existing philosophy and legal theory can accommodate increasingly sophisticated AI technology. Arguing for the legal personhood of an artificial agent, the authors discuss what it means to say it has “knowledge” and the ability to make a decision. They consider key questions such as who must take responsibility for an agent’s actions, whom the agent serves, and whether it could face a conflict of interest.
Legalism deals with the area between political theory and jurisprudence. Its aim is to bridge the intellectual gulf separating jurisprudence from other kinds of social theory by explaining why, in the view of historians and political theorists, legalism has fallen short in its approach to both morals and politics. Judith Shklar proposes that, instead of regarding law as a discrete entity resting upon a rigid system of definitions, legal theorists should treat it, along with morals and politics, as part of an all-inclusive social continuum.
The first part of the book examines law and morals and criticizes the approach to morals of both the analytical positivists and the natural law theorists. The second part, on law and politics, deals with legalism as a political ideology that comes into conflict with other policies, particularly during political trials.
Incisively and stylishly written, the book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.
What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved.
Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well.
Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.
Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.
Take a random walk through your life and you’ll find it is awash in industrial, often toxic, chemicals. Sip water from a plastic bottle and ingest bisphenol A. Prepare dinner in a non-stick frying pan or wear a layer of Gore-Tex only to be exposed to perfluorinated compounds. Hang curtains, clip your baby into a car seat, watch television—all are manufactured with brominated flame-retardants.
Cosmetic ingredients, industrial chemicals, pesticides, and other compounds enter our bodies and remain briefly or permanently. Far too many suspected toxic hazards are unleashed every day that affect the development and function of our brain, immune system, reproductive organs, or hormones. But no public health law requires product testing of most chemical compounds before they enter the market. If products are deemed dangerous, toxicants must be forcibly reduced or removed—but only after harm has been done.
In this scientifically rigorous legal analysis, Carl Cranor argues that just as pharmaceuticals and pesticides cannot be sold without pre-market testing, other chemical products should be subject to the same safety measures. Cranor shows, in terrifying detail, what risks we run, and that it is entirely possible to design a less dangerous commercial world.
The origins of baseball are controversial. James A. Vlasich discusses the debates between two men intimately involved in nineteenth-century baseball, Henry Chadwick and Albert G. Spalding. Abner Graves of the Mills Commission claimed that Abner Doubleday had invented the game and he had done it in Cooperstown, New York. This claim was scrutinized at the time but the myth became etched into baseball history.
Through the years, however, some critics have questioned the Mills Commission report. The problem is that the Baseball Hall of Fame is built on this shaky foundation. The lack of diligence on the part of Spalding’s self-appointed committee has led to a credibility gap for the baseball shrine that continues a half century after its dedication. Indeed, the story of the building of the Baseball Hall of Fame is filled with intrigue worthy of a political thriller.
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