front cover of The Nature of Legal Interpretation
The Nature of Legal Interpretation
What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy
Edited by Brian G. Slocum
University of Chicago Press, 2017
Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? 
 
To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.
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The New Star Chamber and Other Essays
Annotated Edition
Edgar Lee Masters; edited by Jason Stacy
Southern Illinois University Press, 2023
Tracing the troubled roots of American capitalism and imperialism
 
Coedited by noted Masters scholar, Jason Stacy, and his class, “Editing History,” this annotated edition of Edgar Lee Masters’s The New Star Chamber and Other Essays reappears at a perilous time in US history, when large corporations and overseas conflicts once again threaten the integrity of American rights and liberties, and the United States still finds itself beholden to corporate power and the legacy of imperial hubris. In speaking to his times, Masters also speaks to ours.
 
These thirteen essays lay bare the political ideology that informed Spoon River Anthology. Masters argues that the dangerous imperialism championed by then-President Theodore Roosevelt was rooted in the Constitution itself. By debating the ethics of the Philippine-American War, criticizing Hamiltonian centralization of government, and extolling the virtues of Jeffersonian individualism, Masters elucidates the ways in which America had strayed from its constitutional morals and from democracy itself. The result is a compelling critique of corporate capitalism and burgeoning American imperialism, as well as an exemplary source for understanding its complicated author in the midst of his transformation from urban lawyer to poet of rural America.
 
In print again for the first time since 1904, this edition includes an introduction and historical annotations throughout. Edited and annotated by students at Southern Illinois University Edwardsville, and designed and illustrated by students at Southern Illinois University Carbondale, this volume traces economic and political pathologies to the origins of the American republic. The New Star Chamber and Other Essays is as vital now as it was over 100 years ago.
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No Property in Man
Slavery and Antislavery at the Nation’s Founding
Sean Wilentz
Harvard University Press, 2018

A radical reconstruction of the founders’ debate over slavery and the Constitution.

Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation’s founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers’ work. Far from covering up a crime against humanity, the Constitution restricted slavery’s legitimacy under the new national government. In time, that limitation would open the way for the creation of an antislavery politics that led to Southern secession, the Civil War, and Emancipation.

Wilentz’s controversial and timely reconsideration upends orthodox views of the Constitution. He describes the document as a tortured paradox that abided slavery without legitimizing it. This paradox lay behind the great political battles that fractured the nation over the next seventy years. As Southern Fire-eaters invented a proslavery version of the Constitution, antislavery advocates, including Abraham Lincoln and Frederick Douglass, proclaimed antislavery versions based on the framers’ refusal to validate what they called “property in man.”

No Property in Man invites fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Confederacy’s defeat. It drives straight to the heart of the most contentious and enduring issue in all of American history.

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No Property in Man
Slavery and Antislavery at the Nation’s Founding, With a New Preface
Sean Wilentz
Harvard University Press, 2019

“Wilentz brings a lifetime of learning and a mastery of political history to this brilliant book.”
—David W. Blight, author of Frederick Douglass


A New York Times Book Review Editors’ Choice
A Foreign Affairs Best Book of the Year


Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. In this essential reconsideration of the creation and legacy of our nation’s founding document, Sean Wilentz reveals the tortured compromises that led the Founders to abide slavery without legitimizing it, a deliberate ambiguity that fractured the nation seventy years later. Contesting the Southern proslavery version of the Constitution, Abraham Lincoln and Frederick Douglass pointed to the framers’ refusal to validate what they called “property in man.” No Property in Man has opened a fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Civil War. It drives straight to the heart of the single most contentious issue in all of American history.

“Revealing and passionately argued…[Wilentz] insists that because the framers did not sanction slavery as a matter of principle, the antislavery legacy of the Constitution has been…‘misconstrued’ for over 200 years.”
—Khalil Gibran Muhammad, New York Times

“Wilentz’s careful and insightful analysis helps us understand how Americans who hated slavery, such as Abraham Lincoln and Frederick Douglass, could come to see the Constitution as an ally in their struggle.”
—Eric Foner

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No State Shall Abridge
The Fourteenth Amendment and the Bill of Rights
Michael Kent Curtis
Duke University Press, 1990
“The book is carefully organized and well written, and it deals with a question that is still of great importance—what is the relationship of the Bill of Rights to the states.”—Journal of American History

“Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional scholars, . . . he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A bold, forcefully argued, important study.”—Library Journal

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Northern Ireland and the UK Constitution
Lisa Claire Whitten
Haus Publishing, 2024
A concise history of Northern Ireland through its pivotal moments.

Since the United Kingdom’s withdrawal from the European Union, the constitutional position of Northern Ireland within the Union has endured an unusual level of attention. Northern Ireland and the UK Constitution leads us through its pivotal moments: the 1920–72 Unionist-led governments, the following thirty years of bitter conflicts, the 1998 Belfast/Good Friday Agreement, and the 2016 referendum on the United Kingdom’s membership in the European Union. Considering each of the moments in the broader setting of UK constitutional norms and narratives, she addresses the exceptional constitutional characteristics of Northern Ireland and the ways in which these have often resulted in “blindspot” analyses of the Union. This short book also considers the implications of Brexit and the constitutional impacts and shifts it has brought to Northern Ireland and discusses the possible constitutional repercussions.
 
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front cover of Notorious H.I.V.
Notorious H.I.V.
The Media Spectacle Of Nushawn Williams
Thomas Shevory
University of Minnesota Press, 2004


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