Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law. Courting Death traces the unusual and distinctive history of top-down judicial regulation of capital punishment under the Constitution and its unanticipated consequences for our time.
In the 1960s and 1970s, in the face of widespread abolition of the death penalty around the world, provisions for capital punishment that had long fallen under the purview of the states were challenged in federal courts. The U.S. Supreme Court intervened in two landmark decisions, first by constitutionally invalidating the death penalty in Furman v. Georgia (1972) on the grounds that it was capricious and discriminatory, followed four years later by restoring it in Gregg v. Georgia (1976). Since then, by neither retaining capital punishment in unfettered form nor abolishing it outright, the Supreme Court has created a complex regulatory apparatus that has brought executions in many states to a halt, while also failing to address the problems that led the Court to intervene in the first place.
While execution chambers remain active in several states, constitutional regulation has contributed to the death penalty’s new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.
Community Courts are designed to handle a city’s low-level offenses and quality-of-life crimes, such as littering, loitering, or public drunkenness. Court advocates maintain that these largely victimless crimes jeopardize the well-being of residents, businesses, and visitors. Whereas traditional courts might dismiss such cases or administer a small fine, community courts aim to meaningfully punish offenders to avoid disorder escalating to apocalyptic decline.
Courting the Community is a fascinating ethnography that goes behind the scenes to explore how quality-of-life discourses are translated into court practices that marry therapeutic and rehabilitative ideas. Christine Zozula shows how residents and businesses participate in meting out justice—such as through community service, treatment, or other sanctions—making it more emotional, less detached, and more legitimate in the eyes of stakeholders. She also examines both “impact panels,” in which offenders, residents, and business owners meet to discuss how quality-of-life crimes negatively impact the neighborhood, as well as strategic neighborhood outreach efforts to update residents on cases and gauge their concerns.
Zozula’s nuanced investigation of community courts can lead us to a deeper understanding of punishment and rehabilitation and, by extension, the current state of the American court system.
In Courts and Commerce, Deborah A. Rosen intertwines economic history, legal history, and the history of gender. Relying on extensive analysis of probate inventories, tax lists, court records, letter books, petitions to the governor, and other documents from the eighteenth century—some never before studied—Rosen describes the expansion of the market economy in colonial New York and the way in which the law provided opportunities for eighteenth-century men to expand their economic networks while at the same time constraining women's opportunities to engage in market relationships. The book is unusual in its range of interests: it pays special attention to a comparison of urban and rural regions, it examines the role of law in fostering economic development, and it contrasts the different experiences of men and women as the economy changed.
Courts and Commerce challenges the idealized image of colonial America that has dominated historiography on the colonial period. In contrast to scholars who have portrayed the colonial period as a golden age for communal values and who have described nineteenth-century developments as if they had no eighteenth-century precedents, Rosen demonstrates that the traditionally described communal model of eighteenth-century America is a myth, and that in many ways the two eras are marked more by continuity than by change.
Deborah Rosen demonstrates that a market economy based on arm’s-length relationships did not suddenly emerge in the nineteenth century but already existed during the eighteenth century; that women became marginalized from the economy well before industrialization sent their husbands off to factories; and that the law shaped economic development a century or more before judges began to redefine the substance of the law to protect manufacturers and railway owners against expensive lawsuits by injured employees, neighbors, and consumers.
This bold and thought-provoking work will find a welcome audience among scholars of colonial American history, economic, social, and legal history, and women's studies.
Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in Brown v. Board of Education. Courts and Kids is the first detailed analysis of why the state courts have taken on this active role and how successful their efforts have been.
Since 1973, litigants have challenged the constitutionality of education finance systems in forty-five states on the grounds that they deprive many poor and minority students of adequate access to a sound education. While the plaintiffs have won in the majority of these cases, the decisions are often branded “judicial activism”—a stigma that has reduced their impact. To counter the charge, Michael A. Rebell persuasively defends the courts’ authority and responsibility to pursue the goal of educational equity. He envisions their ideal role as supervisory, and in Courts and Kids he offers innovative recommendations on how the courts can collaborate with the executive and legislative branches to create a truly democratic educational system.
Peu d'études spécifiques ont été consacrées à Ben Sira 10,19-11,6. Lentz examine le texte en hébreu, grec, syriaque et latin, en essayant d'identifier les différences majeures entre ces versions et leurs orientations fondamentales respectives. Dans cette péricope, elle révèle trois thèmes importants: la crainte de Dieu, la sagesse et la loi. En prenant comme point de départ le thème de la crainte de Dieu dans le Deutéronome, les Psaumes et les Proverbes, Job et Qoheleth en plus de Ben Sira, Lentz examine la relation de ce thème avec la sagesse et la loi. La relation étroite entre la crainte de Dieu, la sagesse et la loi devrait inciter les spécialistes à se demander si celles-ci ne représentent pas trois aspects de la même réalité.
Few specific studies have been devoted to Ben Sira 10:19-11:6. Lentz examines the text in Hebrew, Greek, Syriac, and Latin, trying to identify the major differences between these versions and their respective fundamental orientations. In this pericope she reveals three important themes: the fear of God, wisdom, and the law. Taking as a point of departure the theme of the fear of God in Deuteronomy, Psalms, and Proverbs, Job, and Qoheleth, in addition to Ben Sira, Lentz examines the relationship of this theme with wisdom and the law. The close relationship between the fear of God, wisdom, and the law should lead scholars to ask if these do not represent three aspects of the same reality.
Interviewees include David Byrne, Cee Lo Green, George Clinton, De La Soul, DJ Premier, DJ Qbert, Eclectic Method, El-P, Girl Talk, Matmos, Mix Master Mike, Negativland, Public Enemy, RZA, Clyde Stubblefield, T.S. Monk.
A provocative analysis of how Christianity helped legitimize the death penalty in early modern Europe, then throughout the Christian world, by turning execution into a great cathartic public ritual and the condemned into a Christ-like figure who accepts death to save humanity.
The public execution of criminals has been a common practice ever since ancient times. In this wide-ranging investigation of the death penalty in Europe from the fourteenth to the eighteenth century, noted Italian historian Adriano Prosperi identifies a crucial period when legal concepts of vengeance and justice merged with Christian beliefs in repentance and forgiveness.
Crime and Forgiveness begins with late antiquity but comes into sharp focus in fourteenth-century Italy, with the work of the Confraternities of Mercy, which offered Christian comfort to the condemned and were for centuries responsible for burying the dead. Under the brotherhoods’ influence, the ritual of public execution became Christianized, and the doomed person became a symbol of the fallen human condition. Because the time of death was known, this “ideal” sinner could be comforted and prepared for the next life through confession and repentance. In return, the community bearing witness to the execution offered forgiveness and a Christian burial. No longer facing eternal condemnation, the criminal in turn publicly forgave the executioner, and the death provided a moral lesson to the community.
Over time, as the practice of Christian comfort spread across Europe, it offered political authorities an opportunity to legitimize the death penalty and encode into law the right to kill and exact vengeance. But the contradictions created by Christianity’s central role in executions did not dissipate, and squaring the emotions and values surrounding state-sanctioned executions was not simple, then or now.
Since 1979, Crime and Justice has presented an annual review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure. Volume 38 covers a range of criminal justice issues, from the effects of parental imprisonment on children to economists and crime.
Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure. Volume 39 covers a range of criminal justice issues, including how drug enforcement affects drug prices, the source of racial disparity in imprisonment, rape and attrition in the legal process, and sex offender recidivism. Contributors to this volume include: Brigitte Bouhours, Jonathan P. Caulkins , Aaron Chalfin, Philip J. Cook, , Kathleen Daly, Denise C. Gottfredson, David S. Kirk, John H. Laub, Stephen D. Mastrofski , Chongmin Na, Steven Raphael, Michael D. Reisig, Peter Reuter, Dirk van Zyl Smit, Keith Soothill, Michael Tonry, and James J. Willis.
Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.
Volume 40, Crime and Justice in Scandinavia, offers the most comprehensive and authoritative look ever available at criminal justice policies, practices, and research in the Nordic countries. Topics range from the history of violence through juvenile delinquency, juvenile justice, and sentencing to controversial contemporary policies on prostitution, victims, and organized crime. Contributors to this volume include Jon-Gunnar Bernburg, Ville Hinkkanen, Cecilie Høigård, Hanns von Hofer, Charlotta Holmström, Janne Kivivuori, Lars Korsell, Tapio Lappi-Seppälä, Paul Larsson, Martti Lehti, Torkild Hovde Lyngstad, Sven-Axel Månsson, Anita Rönneling, Lise-Lotte Rytterbro, Torbjørn Skardhamar, May-Len Skilbrei, and Henrik Tham.
Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void.
Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control.
Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.
For the American criminal justice system, 1975 was a watershed year. Offender rehabilitation and individualized sentencing fell from favor. The partisan politics of “law and order” took over. Among the results four decades later are the world’s harshest punishments and highest imprisonment rate. Policymakers’ interest in what science could tell them plummeted just when scientific work on crime, recidivism, and the justice system began to blossom. Some policy areas—sentencing, gun violence, drugs, youth violence—became evidence-free zones. In others—developmental crime prevention, policing, recidivism studies, evidence mattered. Crime and Justice in America: 1975-2025 tells how policy and knowledge did and did not interact over time and charts prospects for the future. What accounts for the timing of particular issues and research advances? What did science learn or reveal about crime and justice, and how did that knowledge influence policy? Where are we now, and, perhaps even more important, where are we going?
The contributors to this volume, the leading scholars in their fields, bring unsurpassed breadth and depth of knowledge to bear in answering these questions. They include Philip J. Cook, Francis T. Cullen, Jeffrey Fagan, David Farrington, Daniel S. Nagin, Peter Reuter, Lawrence W. Sherman, and Franklin E. Zimring.
For thirty-five years, the Crime and Justice series has provided a platform for the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists as it explores the full range of issues concerning crime, its causes, and it remedies.
For most Americans, The Godfather, The Sopranos, and the Cosa Nostra exemplify organized crime. In Asia the term conjures up images of Japanese yakuza and Chinese triads, in Italy the Cosa Nostra and ‘Ndrangheta, in Latin America Mexican narco-gangs and Colombian drug cartels, in the Netherlands transnational drug and human trafficking, and in Scandinavia outlaw motorcycle gangs. Some but not all those organizations are “mafias” with centuries-long histories, distinctive cultures, and complicated relationships with local communities and governments. Others are new, large but transitory and with no purpose other than maximizing profits from illegal markets.
Organized crime organizations have existed for centuries. Serious scholarly, as opposed to journalistic or law enforcement, efforts to understand them, however, date back only a few decades. Authoritative overviews were, until very recently, impossible. Rigorous, analytically acute, and methodologically sophisticated literatures did not exist. They have begun to emerge. They have developed in many countries, involve work in different languages and disciplines, and deploy a wide range of methods.
Organizing Crime: Mafias, Markets, and Networks provides the most exhaustive overview ever published of knowledge about organized crime. It provides intensive accounts of American, Italian, and Dutch developments, covers both national mafias and transnational criminality, and delves in depth into gender, human capital, and money laundering issues. The writers are based in seven countries. To a person they are, or are among, the world’s most distinguished specialists in their subjects. At last, credible explanations and testable hypotheses are available concerning when, why, and under what circumstances mafias and other organized crime organizations come into being, what makes them distinctive, what they do and with what effects, and how to contain them.
In this collection, Amy Louise Wood and Natalie J. Ring present nine groundbreaking essays about the carceral system and its development over time. Topics range from activism against police brutality to the peculiar path of southern prison reform to the fraught introduction of the electric chair. The essays tell nuanced stories of rapidly changing state institutions, political leaders who sought to manage them, and African Americans who appealed to the regulatory state to protect their rights.
Contributors: Pippa Holloway, Tammy Ingram, Brandon T. Jett, Seth Kotch, Talitha L. LeFlouria, Vivien Miller, Silvan Niedermeier, K. Stephen Prince, and Amy Louise Wood
Carlson analyzes the situations of several women of varying historical stature, from the insanity trials of Mary Todd Lincoln and Lizzie Borden's trial for the brutal slaying of her father and stepmother, to lesser-known trials involving insanity, infidelity, murder, abortion, and interracial marriage. The insanity trial of Elizabeth Parsons Ware Packard, the wife of a minister, resulted from her attempts to change her own religion, while a jury acquitted Mary Harris for killing her married lover, suggesting that loss of virginity to an adulterous man was justifiable grounds for homicide. The popular conception of abortion as a "woman's crime" came to the fore in the case of Ann Loman (also known as Madame Restell), who performed abortions in New York both before and after it became a crime. Finally, Alice Rhinelander was sued for fraud by her new husband Leonard for "passing" as white, but the jury was more moved by the notion of Alice being betrayed as a woman by her litigious husband than by the supposed defrauding of Leonard as a white male. Alice won the case, but the image of womanhood as in need of sympathy and protection won out as well.
At the heart of these cases, Carlson reveals clearly just how narrow was the line that women had to walk, since the same womanly virtues that were expected of them--passivity, frailty, and purity--could be turned against them at any time. These trials of popular status are especially significant because they reflect the attitudes of the broad audience, indicate which forms of knowledge are easily manipulated, and allow us to analyze how the verdict is argued outside the courtroom in the public and press. With gripping retellings and incisive analysis of these scandalous criminal and civil cases, this book will appeal to historians, rhetoricians, feminist researchers, and anyone who enjoys courtroom drama.
In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent.
The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition.
The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record.
The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.
In a groundbreaking work, Klaus Mühlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture.
In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program.
After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People’s tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was “reform through labor,” and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the “crime” of counterrevolution was born.
Mühlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.
This volume represents the fruits of a preliminary inquiry into one aspect of contemporary Chinese law-the criminal process. Investigating what he calls China's "legal experiment," Mr. Cohen raises large questions about Chinese law. Is the Peoples Republic a lawless power, arbitrarily disrupting the lives of its people? Has it sought to attain Marx's vision of the ultimate withering away of the state and the law? Has Mao Zedong preferred Soviet practice to Marxist preaching? If so, has he followed Stalin or Stalin's heirs? To what extent has it been possible to transplant a foreign legal system into the world's oldest legal tradition? Has the system changed since 1949? What has been the direction of that change, and what are the prospects for the future?
Today, immense difficulties impede the study of any aspect of China's legal system. Most foreign scholars are forbidden to enter the country, and those who do visit China find solid data hard to come by. Much of the body of law is unpublished and available only to officialdom, and what is publicly available offers an incomplete, idealized, or outdated version of Chinese legal processes. Moreover, popular publications and legal journals that told much about the regime's first decade have become increasingly scarce and uninformative.
In order to obtain information for this study, Mr. Cohen spent 1963-64 in Hong Kong, interviewing refugees from the mainland and searching out and translating material on Chinese criminal law. From the interviews and published works, he has endeavored to piece together relevant data in order to see the system as a whole.
The first of the three parts of the book is an introductory essay, providing an overview of the evolution and operation of the criminal process from 1949 through 1963. The second part, constituting the bulk of the book, systematically presents primary source material, including excerpts from legal documents, policy statements, and articles in Chinese periodicals. In order to show the law in action as well as the law on the books, the author has included selections from written and oral accounts by persons who have lived in or visited the People's Republic. Interspersed among these diverse materials are Mr. Cohen's own comments, questions, and notes. Part III contains an English-Chinese glossary of the major institutional and legal terms translated in Part II, a bibliography of sources, and a list of English-language books and articles that are pertinent to an understanding of the criminal process in China.
Scholarly and activist perspectives on identities often overlooked in the study of geography: youth and age.
Young people will bear the brunt of the impacts of present and emerging crises occurring at all scales, from the national to the global. This volume brings together scholars and activists from various backgrounds to analyze youth interactions with law and politics, focusing specifically on the US legal landscape. It uses the lens of youth geographies to consider how legal and political systems shape our spaces, and provides leading-edge perspectives through case studies of child labor, compulsory education, asylum claims, criminalization of youth, youth activism, and more.
Of special interest in this volume is the tension between young people as both objects of law and policy and creative agents of change. Despite being directly affected by law and policy, young people are denied access to many legally sanctioned paths to shape them. Yet youth find ways to work within and mold the social, political, and legal spheres and set the stage for alternative futures.
A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology.
At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism.
Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.
"A definitive study of an extremely important, though curiously neglected, Supreme Court decision, Pierce v. Society of Sisters."
---Robert O'Neil, Professor of Law Emeritus, University of Virginia School of Law
"A well-written, well-researched blend of law, politics, and history."
---Joan DelFattore, Professor of English and Legal Studies, University of Delaware
In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who had campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court.
In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state.
Paula Abrams is Professor of Constitutional Law at Lewis & Clark Law School.
A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers.
The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born.
During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance.
The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.
Culling the Masses questions the widely held view that in the long run democracy and racism cannot coexist. David Scott FitzGerald and David Cook-Martín show that democracies were the first countries in the Americas to select immigrants by race, and undemocratic states the first to outlaw discrimination. Through analysis of legal records from twenty-two countries between 1790 and 2010, the authors present a history of the rise and fall of racial selection in the Western Hemisphere.
The United States led the way in using legal means to exclude “inferior” ethnic groups. Starting in 1790, Congress began passing nationality and immigration laws that prevented Africans and Asians from becoming citizens, on the grounds that they were inherently incapable of self-government. Similar policies were soon adopted by the self-governing colonies and dominions of the British Empire, eventually spreading across Latin America as well.
Undemocratic regimes in Chile, Uruguay, Paraguay, and Cuba reversed their discriminatory laws in the 1930s and 1940s, decades ahead of the United States and Canada. The conventional claim that racism and democracy are antithetical—because democracy depends on ideals of equality and fairness, which are incompatible with the notion of racial inferiority—cannot explain why liberal democracies were leaders in promoting racist policies and laggards in eliminating them. Ultimately, the authors argue, the changed racial geopolitics of World War II and the Cold War was necessary to convince North American countries to reform their immigration and citizenship laws.
Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions—as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts.
Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young
The protection and accumulation of intellectual property rights—like property rights in general—is one of the most important contemporary American values. In his cogent book, The Cultural Production of Intellectual Property Rights, Sean Johnson Andrews shows that the meaning, power, and value of intellectual properties are the consequence of an extended process of cultural production.
Johnson Andrews argues that it is deeper ideological and historical roots which demand that, in the contemporary global, digital economy, all property rights be held sacrosanct and all value must flow back to the legal owner.
Johnson Andrews explains that if we want to rebalance the protection of copyrights and trademarks, we should focus on undermining the reified culture of property that underpins capitalism as a whole. He outlines a framework for analyzing culture; situates intellectual property rights in the history of capitalist property relations; synthesizes key theories of media, politics, and law; and ultimately provides scholars and activists a path to imagining a different future where we prioritize our collective production of value in the commons.
Religious traditions in the United States are characterized by ongoing tension between assimilation to the broader culture, as typified by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. However, legal theorist and Catholic theologian Cathleen Kaveny contends there is a third possibility—a culture of engagement—that accommodates and respects tradition. It also recognizes the need to interact with culture to remain relevant and to offer critiques of social, political, legal, and economic practices.
Kaveny suggests that rather than avoid the crisscross of the religious and secular spheres of life, we should use this conflict as an opportunity to come together and to encounter, challenge, contribute to, and correct one another. Focusing on five broad areas of interest—Law as a Teacher, Religious Liberty and Its Limits, Conversations about Culture, Conversations about Belief, and Cases and Controversies—Kaveny demonstrates how thoughtful and purposeful engagement can contribute to rich, constructive, and difficult discussions between moral and cultural traditions.
This provocative collection of Kaveny's articles from Commonweal magazine, substantially revised and updated from their initial publication, provides astonishing insight into a range of hot-button issues like abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society. At turns masterful and inspirational, A Culture of Engagement is a welcome reminder of what can be gained when a diversity of experiences and beliefs is brought to bear on American public life.
Contributors. Craig Baldwin, David Banash, Marcus Boon, Jeff Chang, Joshua Clover, Lorraine Morales Cox, Lloyd Dunn, Philo T. Farnsworth, Pierre Joris, Douglas Kahn, Rudolf Kuenzli, Rob Latham, Jonathan Lethem, Carrie McLaren, Kembrew McLeod, Negativland, Davis Schneiderman, David Tetzlaff, Gábor Vályi, Warner Special Products, Eva Hemmungs Wirtén
Reconceptualizes the relationship between participatory democracy, technology, and space
The Internet has been billed by some proponents as an "electronic agora" ushering in a "new Athenian age of democracy." That assertion assumes that cyberspace’s virtual environment is compatible with democratic practice. But the anonymous sociality that is intrinsic to the Internet seems at odds with theories of democracy that presuppose the possibility, at least, of face-to-face meetings among citizens. The Internet, then, raises provocative questions about democratic participation: Must the public sphere exist as a physical space? Does citizenship require a bodily presence?
In Cybering Democracy, Diana Saco boldly reconceptualizes the relationship between democratic participation and spatial realities both actual and virtual. She argues that cyberspace must be viewed as a produced social space, one that fruitfully confounds the ordering conventions of our physical spaces. Within this innovative framework, Saco investigates recent and ongoing debates over cryptography, hacking, privacy, national security, information control, and Internet culture, focusing on how different online practices have shaped this particular social space. In the process, she highlights fundamental issues about the significance of corporeality in the development of civic-mindedness, the exercise of citizenship, and the politics of collective action.READERS
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