A SCHOLARLY BOOK REPOSITORY101 start with W start with W
Wallace Stevens was not only one of America's outstanding modernist poets but also a successful insurance lawyer--a fact that continues to intrigue many readers. Though Stevens tried hard to separate his poetry from his profession, legal theorist Thomas Grey shows that he did not ultimately succeed. After stressing how little connection appears on the surface between the two parts of Stevens's life, Grey argues that in its pragmatic account of human reasoning, the poetry distinctively illuminates the workings of the law.
In this important extension of the recent law-and-literature movement, Grey reveals Stevens as a philosophical poet and implicitly a pragmatist legal theorist, who illustrates how human thought proceeds through "assertion, qualification, and qualified reassertion," and how reason and passion fuse together in the act of interpretation. Above all, Stevens's poetry proves a liberating antidote to the binary logic that is characteristic of legal theory: one side of a case is right, the other wrong; conduct is either lawful or unlawful.
At the same time as he discovers in Stevens a pragmatist philosopher of law, Grey offers a strikingly new perspective on the poetry itself. In the poems that develop Stevens's "reality-imagination complex"--poems often criticized as remote, apolitical, and hermetic--Grey finds a body of work that not only captivates the reader but also provides a unique instrument for scrutinizing the thought processes of lawyers and judges in their exercise of social power.
—James R. Hansen, prizewinning aerospace historian and bestselling author of First Man: The Life of Neil A. Armstrong
When Myron King of the U.S. Army Air Corps arrived in England in 1944, he fully expected to fly dangerous bombing missions over Nazi Germany. What the twenty-three-year-old lieutenant had no way of predicting, however, was that he would spend his last months in Europe entangled in a bizarre affair born of the mounting tensions between the United States and the Soviet Union. Ultimately, King faced three wars: the monumental conflict between the Allies and the Third Reich, the nascent Cold War, and a personal battle with the military brass to clear his name after enduring a grossly unjust court-martial.
This book presents an engrossing account of King’s early life and wartime service as part of the 401st Bombardment Group, U.S. Eighth Air Force. As a child growing up in New York and Tennessee, he was thoroughly captivated by the young field of aviation and dreamed of becoming a pilot. Attending college when Pearl Harbor was attacked, he realized his boyhood ambition by enlisting as an Air Corps cadet. After completing flight training two years later, King and his crew flew a B-17 bomber across the Atlantic to join their fellow airmen at a base near the English village of Deenethorpe—doing their first battle not with German fighters but with a raging storm during the Greenland-to-Iceland leg of the journey.
Once settled in Great Britain, the King Crew flew twenty missions from November 1944 through February 1945. It was on their last flight to Berlin that enemy fire crippled their plane and forced them to land in Poland amid the Russian forces that were advancing on Germany from the east. There events took a decidedly strange turn as King became embroiled in an incident involving a young stowaway and the increasingly complicated relations between the United States and Stalin’s regime. Scapegoated in the episode, King would leave the Air Corps with his honorable record severely soiled—a wrong that would take years to undo.
The Wars of Myron King is more than just a rattling good true-life adventure story. Based on a wide array of published and primary sources, including trial transcripts and interviews with King, the book offers a unique view of the experience of air combat, the intertwining of politics and military justice, and the complex circumstances that inaugurated the Cold War.
James Lee McDonough is professor emeritus of history at Auburn University. He is the author of ten books, including Shiloh—In Hell Before Night, Stones River—Bloody Winter in Tennessee, Chattanooga—A Death Grip on the Confederacy, War in Kentucky: From Shiloh to Perryville, and Nashville: The Western Confederacy’s Final Gamble. This is his second book on a World War II subject.
With Wasting a Crisis, Paul G. Mahoney offers persuasive research to show that this now almost universally accepted narrative of market failure—broadly similar across financial crises—is formulated by political actors hoping to deflect blame from prior policy errors. Drawing on a cache of data, from congressional investigations, litigation, regulatory reports, and filings to stock quotes from the 1920s and ’30s, Mahoney moves beyond the received wisdom about the financial reforms of the New Deal, showing that lax regulation was not a substantial cause of the financial problems of the Great Depression. As new regulations were formed around this narrative of market failure, not only were the majority largely ineffective, they were also often counterproductive, consolidating market share in the hands of leading financial firms. An overview of twenty-first-century securities reforms from the same analytic perspective, including Dodd-Frank and the Sarbanes-Oxley Act of 2002, shows a similar pattern and suggests that they too may offer little benefit to investors and some measurable harm.
David Stiller’s thoughtful study focuses on the history of agricultural water use of the Rio Grande in Colorado’s San Luis Valley. After surveying the practices of early farmers in the region, he focuses on the impacts of Euro-American settlement and the ways these new agrarians endeavored to control the river. Using the Rio Grande as a case study, Stiller offers an informed and accessible history of the development of practices and technologies to store, distribute, and exploit water in Colorado and other western states, as well as an account of the creation of water rights and laws that govern this essential commodity throughout the West to this day. Stiller’s work ranges from meticulously monitored fields of irrigated alfalfa and potatoes to the local and state water agencies and halls of Congress. He also includes perceptive comments on the future of western water as these arid states become increasingly urbanized during a period of worsening drought and climate change.
An excellent read for anyone curious about important issues in the West, Water and Agriculture in Colorado and the American West offers a succinct summary and analysis of Colorado’s use of water by agricultural interests, in addition to a valuable discussion of the past, present, and future of struggles over this necessary and endangered resource.
Directed by UN Secretary General Ban Ki-Moon at the 2008 Davos Annual Meeting, the World Economic Forum assembled the world’s foremost group of public, private, non-governmental-organization and academic experts to examine the water crisis issue from all perspectives. The result of their work is this forecast—a stark, non-technical overview of where we will be by 2025 if we take a business-as-usual approach to (mis)managing our water resources. The findings are shocking. Perhaps equally stunning are the potential solutions and the recommendations that the group presents. All are included in this landmark publication.
Water Security contains compelling commentary from leading decision-makers, past and present. The commentary is supported by analysis from leading academics of how the world economy will be affected if world leaders cannot agree on solutions. The book suggests how business and politics need to manage the energy-food-water-climate axis as leaders negotiate the details of the climate regime that replace Kyoto Protocols.
In Water War in the Klamath Basin, legal scholars Holly Doremus and A. Dan Tarlock examine the genesis of the crisis and its fallout, offering a comprehensive review of the event, the history leading up to it, and the lessons it holds for anyone seeking to understand conflicts over water use in the arid West. The authors focus primarily on the legal institutions that contributed to the conflict—what they call “the accretion of unintegrated resource management and environmental laws” that make environmental protection so challenging, especially in politically divided regions with a long-standing history of entitlement-based resource allocation.
Water War in the Klamath Basin explores common elements fundamental to natural resource conflicts that must be overcome if conflicts are to be resolved. It is a fascinating look at a topic of importance for anyone concerned with the management, use, and conservation of increasingly limited natural resources.
Waters of the United States is an unprecedented exploration of this history—and its importance for today’s efforts to conserve a critical natural resource. The book not only examines how bodies of water are legally defined (and therefore protected), but who gets to decide on these definitions. The result is a fascinating look at the ongoing power struggle between the president and federal agencies, the courts, the states, and Congress, over water quality.
Waters of the United States offers the detailed analysis necessary for any lawyer or environmental advocate to understand the nuances of water policy, while spinning a compelling narrative for readers who have never cracked a law book. The unique mix of insights into environmental law, history, and politics is required reading for anyone who cares about the future of the nation’s water.
Since the late 1940s, a violent African criminal society known as the Marashea has operated in and around South Africa’s gold mining areas. With thousands of members involved in drug smuggling, extortion, and kidnapping, the Marashea was more influential in the day-to-day lives of many black South Africans under apartheid than were agents of the state. These gangs remain active in South Africa.
In We Are Fighting the World: A History of the Marashea Gangs in South Africa, 1947–1999, Gary Kynoch points to the combination of coercive force and administrative weakness that characterized the apartheid state. As long as crime and violence were contained within black townships and did not threaten adjacent white areas, township residents were largely left to fend for themselves. The Marashea’s ability to prosper during the apartheid era and its involvement in political conflict led directly to the violent crime epidemic that today plagues South Africa.
Highly readable and solidly researched, We Are Fighting the World is critical to an understanding of South African society, past and present. This pioneering study challenges previous social history research on resistance, ethnicity, urban spaces, and gender in South Africa. Kynoch’s interviews with many current and former gang members give We Are Fighting the World an energy and a realism that are unparalleled in any other published work on gang violence in southern Africa.
In a new preface to this foundational book on the American jury, Jeffrey Abramson responds to his critics, defends his views on the jury as an embodiment of deliberative democracy in action, and reflects on recent jury trials and reforms.
Praise for the previous edition:
“Power to the persuasive! That’s the message of Jeffrey Abramson’s incisive, thoroughly researched, demanding book about the role of the jury in American democracy…At a rare moment when the media have whetted the public appetite for commentary about the jury, of all things, a fresh, substantial [book] has come along.”—Washington Post Book World
“Anyone tempted to ridicule juries…should read Jeffrey Abramson’s profound and eloquent defense of the American jury system…Mr. Abramson has faith in juries because they are a form of democratic justice. He describes in fascinating detail how democracy in America has developed over the years in tandem with the jury system.”—The Economist
A Financial Times Best History Book of the Year
A surprising account of frontier law that challenges the image of the Wild West. In the absence of state authority, Gold Rush miners crafted effective government by the people—but not for all the people.
Gold Rush California was a frontier on steroids: 1,500 miles from the nearest state, it had a constantly fluctuating population and no formal government. A hundred thousand single men came to the new territory from every corner of the nation with the sole aim of striking it rich and then returning home. The circumstances were ripe for chaos, but as Andrea McDowell shows, this new frontier was not nearly as wild as one would presume. Miners turned out to be experts at self-government, bringing about a flowering of American-style democracy—with all its promises and deficiencies.
The Americans in California organized and ran meetings with an efficiency and attention to detail that amazed foreign observers. Hundreds of strangers met to adopt mining codes, decide claim disputes, run large-scale mining projects, and resist the dominance of companies financed by outside capital. Most notably, they held criminal trials on their own authority. But, mirroring the societies back east from which they came, frontiersmen drew the boundaries of their legal regime in racial terms. The ruling majority expelled foreign miners from the diggings and allowed their countrymen to massacre the local Native Americans. And as the new state of California consolidated, miners refused to surrender their self-endowed authority to make rules and execute criminals, presaging the don’t-tread-on-me attitudes of much of the contemporary American west.
In We the Miners, Gold Rush California offers a well-documented test case of democratic self-government, illustrating how frontiersmen used meetings and the rules of parliamentary procedure to take the place of the state.
The Civil Rights Revolution carries Bruce Ackerman’s sweeping reinterpretation of constitutional history into the era beginning with Brown v. Board of Education. From Rosa Parks’s courageous defiance, to Martin Luther King’s resounding cadences in “I Have a Dream,” to Lyndon Johnson’s leadership of Congress, to the Supreme Court’s decisions redefining the meaning of equality, the movement to end racial discrimination decisively changed our understanding of the Constitution.
“The Civil Rights Act turns 50 this year, and a wave of fine books accompanies the semicentennial. Ackerman’s is the most ambitious; it is the third volume in an ongoing series on American constitutional history called We the People. A professor of law and political science at Yale, Ackerman likens the act to a constitutional amendment in its significance to the country’s legal development.”
—Michael O’Donnell, The Atlantic
“Ackerman weaves political theory with historical detail, explaining how the civil rights movement evolved from revolution to mass movement and then to statutory law…This fascinating book takes a new look at a much-covered topic.”
—Becky Kennedy, Library Journal
Constitutional change, seemingly so orderly, formal, and refined, has in fact been a revolutionary process from the first, as Bruce Ackerman makes clear in We the People: Transformations. The Founding Fathers, hardly the genteel conservatives of myth, set America on a remarkable course of revolutionary disruption and constitutional creativity that endures to this day. After the bloody sacrifices of the Civil War, Abraham Lincoln and the Republican Party revolutionized the traditional system of constitutional amendment as they put principles of liberty and equality into higher law. Another wrenching transformation occurred during the Great Depression, when Franklin Roosevelt and his New Dealers vindicated a new vision of activist government against an assault by the Supreme Court.
These are the crucial episodes in American constitutional history that Ackerman takes up in this second volume of a trilogy hailed as "one of the most important contributions to American constitutional thought in the last half-century" (Cass Sunstein, New Republic). In each case he shows how the American people--whether led by the Founding Federalists or the Lincoln Republicans or the Roosevelt Democrats--have confronted the Constitution in its moments of great crisis with dramatic acts of upheaval, always in the name of popular sovereignty. A thoroughly new way of understanding constitutional development, We the People: Transformations reveals how America's "dualist democracy" provides for these populist upheavals that amend the Constitution, often without formalities.
The book also sets contemporary events, such as the Reagan Revolution and Roe v. Wade, in deeper constitutional perspective. In this context Ackerman exposes basic constitutional problems inherited from the New Deal Revolution and exacerbated by the Reagan Revolution, then considers the fundamental reforms that might resolve them. A bold challenge to formalist and fundamentalist views, this volume demonstrates that ongoing struggle over America's national identity, rather than consensus, marks its constitutional history.
Bruce Ackerman offers a sweeping reinterpretation of our nation’s constitutional experience and its promise for the future. Integrating themes from American history, political science, and philosophy, We the People confronts the past, present, and future of popular sovereignty in America. Only this distinguished scholar could present such an insightful view of the role of the Supreme Court. Rejecting arguments of judicial activists, proceduralists, and neoconservatives, Ackerman proposes a new model of judicial interpretation that would synthesize the constitutional contributions of many generations into a coherent whole. The author ranges from examining the origins of the dualist tradition in the Federalist Papers to reflecting upon recent, historic constitutional decisions. The latest revolutions in civil rights, and the right to privacy, are integrated into the fabric of constitutionalism. Today’s Constitution can best be seen as the product of three great exercises in popular sovereignty, led by the Founding Federalists in the 1780s, the Reconstruction Republicans in the 1860s, and the New Deal Democrats in the 1930s.
Ackerman examines the roles played during each of these periods by the Congress, the Presidency, and the Supreme Court. He shows that Americans have built a distinctive type of constitutional democracy, unlike any prevailing in Europe. It is a dualist democracy, characterized by its continuing effort to distinguish between two kinds of politics: normal politics, in which organized interest groups try to influence democratically elected representatives; and constitutional politics, in which the mass of citizens mobilize to debate matters of fundamental principle. Although American history is dominated by normal politics, our tradition places a higher value on mobilized efforts to gain the consent of the people to new governing principles. In a dualist democracy, the rare triumphs of constitutional politics determine the course of normal politics.
More than a decade in the making, and the first of three volumes, We the People, Volume 1: Foundations speaks to all who seek to renew and redefine our civic commitments in the decades ahead.
A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England provides critical insights on representations of women on the scaffold, focusing on how female victims and those writing about them constructed meaning from the ritual. Jennifer Lodine-Chaffey draws on a wide range of genres, from accounts of martyrdom to dramatic works, to explore not only the words of women executed in Tudor and Stuart England, but also the ways that writers represented female bodies as markers of penitence or deviance.
A significant part of the execution spectacle—one used to assess the victim’s proper acceptance of death and godly repentance—was the final speech offered at the foot of the gallows or before the pyre. To ensure their final words held value for audiences, women adopted conventionally gendered language and positioned themselves as subservient and modest. The reception of women’s speeches, Lodine-Chaffey argues, depended on their performances of accepted female behaviors and language as well as physical signs of interior regeneration. Indeed, when women presented themselves or were represented as behaving in stereotypically feminine and virtuous ways, they were able to offer limited critiques of their fraught positions in society.
Just as important as their words, though, were the depictions of women’s bodies. The executed woman’s body, Lodine-Chaffey contends, functioned as a text, scrutinized by witnesses and readers for markers of innocence or guilt. The intense focus on the words and bodies of women facing execution during this period, Lodine-Chaffey argues, became a catalyst for a more thorough interest in and understanding of women’s roles not just as criminals but as subjects
How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence.
Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearms industry in a powerful coalition that stymies reform.
Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach—one that respects and expands individual freedom and personal choice—to combat the scourge of gun violence.
Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna’s Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending red flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.
Sex can be an oppressive force, a tool to shame, divide, and control a population. But it can also be a force for change, for the legal and physical challenge of inequity and injustice. In West of Sex, Pablo Mitchell uses court transcripts and criminal cases to provide the first coherent picture of Mexican-American sexuality at the turn of the twentieth century, and a truly revelatory look at sexual identity in the borderlands.
As Mexicans faced a rising tide of racial intolerance in the American West, some found cracks in the legal system that enabled them to assert their rights as full citizens, despite institutional hostility. In these chapters, Mitchell offers a rare glimpse into the inner workings of ethnicity and power in the United States, placing ordinary Mexican women and men at the center of the story of American sex, colonialism, and belonging.
Other chapters discuss topics like prostitution, same-sex intimacy, sexual violence, interracial romance, and marriage with an impressive level of detail and complexity. Written in vivid and accessible prose, West of Sex offers readers a new vision of sex and race in American history.
For 150 years, the American West has been shaped by persistent conflicts over natural resources. This has given rise to a succession of strategies for resolving disputes-prior appropriation, scientific management, public participation, citizen ballot initiatives, public interest litigation, devolution, and interest-based negotiation. All of these strategies are still in play, yet the West remains mired in gridlock. In fact, these strategies are themselves a source of conflict.
The Western Confluence is designed to help us navigate through the gridlock by reframing natural resource disputes and the strategies for resolving them. In it, authors Matthew McKinney and William Harmon trace the principles of natural resource governance across the history of western settlement and reveal how they have met at the beginning of the twenty-first century to create a turbid, often contentious confluence of laws, regulations, and policies. They also offer practical suggestions for resolving current and future disputes. Ultimately, Matthew McKinney and William Harmon argue, fully integrating the values of interest-based negotiation into the briar patch of existing public decision making strategies is the best way to foster livable communities, vibrant economies, and healthy landscapes in the West.
Relying on the authors' first-hand experience and compelling case studies, The Western Confluence offers useful information and insight for anyone involved with public decision making, as well as for professionals, faculty, and students in natural resource management and environmental studies, conflict management, environmental management, and environmental policy.
We generally suppose that it is our right to freedom which allows us to make the choices that shape our lives. The right to have an abortion is called "freedom of choice" because, it is said, a woman should be free to choose between giving birth and not doing so. Freedom of speech protects us whether we want to salute the flag or burn it. There is a correlative principle: one choice is as good as another. Freedom is not a right that makes moral judgments. It lets us do what we want.
John Garvey disputes both propositions. We should understand freedom, he maintains, as a right to act, not a right to choose; and furthermore, we should view freedom as a right to engage in actions that are good and valuable. This may seem obvious, but it inverts a central principle of liberalism--the idea that the right is prior to the good. Thus friendship is a good thing; and one reason the Constitution protects freedom of association is that it gives us the space to form friendships.
This book casts doubt on the idea that freedoms are bilateral rights that allow us to make contradictory choices: to speak or remain silent, to believe in God or to disbelieve, to abort or to give birth to a child. Garvey argues that the goodness of childbearing does not entail the goodness of abortion; and if freedom follows from the good, then freedom to do the first does not entail the freedom to do the second. Each action must have its own justification. Garvey holds that if the law is to protect freedoms, it is permissible--indeed it is necessary--to make judgments about the goodness and badness of actions.
The author's keen insights into important rights issues, communicated with verve and a variety of both real and hypothetical cases, will be of interest to all who care about the meaning of freedoms.
Is race something we know when we see it? In 1857, Alexina Morrison, a slave in Louisiana, ran away from her master and surrendered herself to the parish jail for protection. Blue-eyed and blond, Morrison successfully convinced white society that she was one of them. When she sued for her freedom, witnesses assured the jury that she was white, and that they would have known if she had a drop of African blood. Morrison’s court trial—and many others over the last 150 years—involved high stakes: freedom, property, and civil rights. And they all turned on the question of racial identity.
Over the past two centuries, individuals and groups (among them Mexican Americans, Indians, Asian immigrants, and Melungeons) have fought to establish their whiteness in order to lay claim to full citizenship in local courtrooms, administrative and legislative hearings, and the U.S. Supreme Court. Like Morrison’s case, these trials have often turned less on legal definitions of race as percentages of blood or ancestry than on the way people presented themselves to society and demonstrated their moral and civic character.
Unearthing the legal history of racial identity, Ariela Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society. This book reminds us that the imaginary connection between racial identity and fitness for citizenship remains potent today and continues to impede racial justice and equality.
From reviews of earlier editions:
“Young people get into legal trouble for two reasons: they do not know what the law is, and they do not stop to think about the consequences of their actions. This book would make a good text for a preparation for life class. . . . The book is written in plain language, unencumbered by a lot of legal citations, and with no expectation that the reader will have any working knowledge of the law.”
—Texas Bar Journal
“A book any parent should consider giving their child. . . . But before you do, take a look at it yourself. No matter the title, Wallace’s book . . . contains information everyone . . . should know.”
—Austin American-Statesman
What Every Teen Should Know about Texas Law is the only single-source guide for accurate, easy-to-understand information about most areas of civil law in Texas. L. Jean Wallace drew on years of experience as a students’ attorney at Texas Tech University to inform young adults about the areas of law that affect them most: driving and car ownership, pranks and crimes (including alcohol and drug offenses), personal relationships, employment and consumer concerns, and living on their own. She illustrated her points with true, sometimes humorous, stories of young adults’ encounters with the law.
For this new edition, municipal judge Christopher F. Cypert has completely updated the book to reflect the current state of the law. He covers specific topics that are now mandated to be taught in schools, including the proper way to interact with peace officers during traffic stops and other in-person encounters, as well as internet-era misbehaviors such as sexting and cyberbullying. Like Wallace, Cypert has helped many young people navigate the sometimes confusing processes of the legal world, often loaning earlier editions of this book to young offenders in his court. Both authors’ real-world experience and legal expertise ensure that What Every Teen Should Know about Texas Law is indeed a complete and practical guide for assuming the responsibilities of adulthood—as well as a good refresher course for all legal-age Texans.
A tragedy and a trial placed Ann-Janine Morey in an ideal position to write this wrenching exploration of the havoc wreaked on a family by Shaken Baby Syndrome. As an alternate juror in a 1995 murder trial in Murphysboro, Illinois, she observed a case that has become too common: that of an adult caregiver shaking to death a baby. A seasoned researcher and published scholar, in this book Morey witnesses the court proceedings firsthand, comes to know the families of the toddler intimately, and augments her observations and interviews through research into Shaken Baby Syndrome. The result is an agonizingly human tale supported by the evidence of science, sociology, and criminology.
Morey's What Happened to Christopher memorializes the short life of nineteen-month-old Christopher Attig (1992–1994). To reveal what Christopher meant to those closest to him, Morey conducts extensive interviews with the child's parents and grand-parents. She also interviews the officials involved in the case to set the scene from a legal and police angle. Gary Lynn Gould, who was convicted of and imprisoned for killing Christopher, did not answer Morey's requests for interviews.
Morey characterizes her investigation as a "story of quiet horror because it takes place in a way and a setting that could be any town and many families." Nonetheless, Morey's narrative skill transforms Christopher into much more than an ordinary child, senselessly slain. He is Christopher, irreplaceable and unique. And by the time she reconstructs Christopher's final days and the aftermath of his murder, Morey has depicted the principals in the case so deftly and imbued them with such humanity that we experience their torment and their hope.
Morey also provides a juror's insight into the trial. By showing what happened to Christopher Attig and by presenting the accumulated findings relative to Shaken Baby Syndrome, she seeks through education to help prevent future deaths like Christopher's.
The Mishnah is the foundational document of rabbinic Judaism—all of rabbinic law, from ancient to modern times, is based on the Talmud, and the Talmud, in turn, is based on the Mishnah. But the Mishnah is also an elusive document; its sources and setting are obscure, as are its genre and purpose.
In January 2021 the Harvard Center for Jewish Studies and the Julis-Rabinowitz Program on Jewish and Israeli Law of the Harvard Law School co-sponsored a conference devoted to the simple yet complicated question: “What is the Mishnah?” Leading scholars from the United States, Europe, and Israel assessed the state of the art in Mishnah studies; and the papers delivered at that conference form the basis of this collection. Learned yet accessible, What Is the Mishnah? gives readers a clear sense of current and future direction of Mishnah studies.
A Wall Street Journal Top Ten Book of the Year
A First Things Books for Christmas Selection
Winner of the Expanded Reason Award
“This important work of moral philosophy argues that we are, first and foremost, embodied beings, and that public policy must recognize the limits and gifts that this entails.”
—Wall Street Journal
The natural limits of the human body make us vulnerable and dependent on others. Yet law and policy concerning biomedical research and the practice of medicine frequently disregard these stubborn facts. What It Means to Be Human makes the case for a new paradigm, one that better reflects the gifts and challenges of being human.
O. Carter Snead proposes a framework for public bioethics rooted in a vision of human identity and flourishing that supports those who are profoundly vulnerable and dependent—children, the disabled, and the elderly. He addresses three complex public matters: abortion, assisted reproductive technology, and end-of-life decisions. Avoiding typical dichotomies of conservative-liberal and secular-religious, Snead recasts debates within his framework of embodiment and dependence. He concludes that if the law is built on premises that reflect our lived experience, it will provide support for the vulnerable.
“This remarkable and insightful account of contemporary public bioethics and its individualist assumptions is indispensable reading for anyone with bioethical concerns.”
—Alasdair MacIntyre, author of After Virtue
“A brilliantly insightful book about how American law has enshrined individual autonomy as the highest moral good…Highly thought-provoking.”
—Francis Fukuyama, author of Identity
Winner of the 2020 Victor Turner Prize in Ethnographic Writing
Nearly 1,600 Americans are still unaccounted for and presumed dead from the Vietnam War. These are the stories of those who mourn and continue to search for them.
For many families the Vietnam War remains unsettled. Nearly 1,600 Americans—and more than 300,000 Vietnamese—involved in the conflict are still unaccounted for. In What Remains, Sarah E. Wagner tells the stories of America’s missing service members and the families and communities that continue to search for them. From the scientists who work to identify the dead using bits of bone unearthed in Vietnamese jungles to the relatives who press government officials to find the remains of their loved ones, Wagner introduces us to the men and women who seek to bring the missing back home. Through their experiences she examines the ongoing toll of America’s most fraught war.
Every generation has known the uncertainties of war. Collective memorials, such as the Tomb of the Unknowns in Arlington National Cemetery, testify to the many service members who never return, their fates still unresolved. But advances in forensic science have provided new and powerful tools to identify the remains of the missing, often from the merest trace—a tooth or other fragment. These new techniques have enabled military experts to recover, repatriate, identify, and return the remains of lost service members. So promising are these scientific developments that they have raised the expectations of military families hoping to locate their missing. As Wagner shows, the possibility of such homecomings compels Americans to wrestle anew with their memories, as with the weight of their loved ones’ sacrifices, and to reevaluate what it means to wage war and die on behalf of the nation.
Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.
What makes a great law professor? The first study of its kind, What the Best Law Teachers Do identifies the methods, strategies, and personal traits of professors whose students achieve exceptional learning. This pioneering book will be of interest to any instructor seeking concrete, proven techniques for helping students succeed.
What the Best Law Teachers Do introduces readers to twenty-six professors from law schools across the United States. These instructors are renowned for their exacting standards: they set expectations high, while also making course requirements--and their belief that their students can meet them--clear from the outset. They demonstrate professional behavior and tell students to approach class as they would their future professional life: by being as prepared, polished, and gracious as possible. And they prepare themselves for class in depth, even when they have taught the course for years.
The best law professors understand that the little things matter. They start class on time and stay afterward to answer questions. They learn their students' names and respond promptly to emails. These instructors are all tough--but they are also committed, creative, and compassionate mentors. With its close-to-the-ground accounts of exceptional educators in action, What the Best Law Teachers Do offers insights into effective pedagogy that transcend the boundaries of legal education.
"Children's rights": the phrase has been a legal battle cry for twenty-five years. But as this provocative book by a nationally renowned expert on children's legal standing argues, it is neither possible nor desirable to isolate children from the interests of their parents, or those of society as a whole.
From foster care to adoption to visitation rights and beyond, Martin Guggenheim offers a trenchant analysis of the most significant debates in the children's rights movement, particularly those that treat children's interests as antagonistic to those of their parents. Guggenheim argues that "children's rights" can serve as a screen for the interests of adults, who may have more to gain than the children for whom they claim to speak. More important, this book suggests that children's interests are not the only ones or the primary ones to which adults should attend, and that a "best interests of the child" standard often fails as a meaningful test for determining how best to decide disputes about children.
Copyright law, as conventionally understood, serves the public interest by regulating the production and dissemination of works of authorship, though it recognizes that the requirements of the public interest are in tension. Incentives for creation must be provided, but protections granted authors must not prevent the fruits of creativity and knowledge from spreading. Copyright law, therefore, should balance the needs of creators and users—or so the theory goes.
Challenging this widely accepted view, What’s Wrong with Copying? disentangles copyright theory from its focus on the economic value of an authored work as a commodity or piece of property. In his analysis of copyright doctrine, Abraham Drassinower frames an author’s work as a communicative act and asserts that copyright infringement is best understood as an unauthorized appropriation of another person’s speech. According to this interpretation, copyright doctrine does not guarantee an author’s absolute rights over a work but only such rights as are consistent with both the nature of the work as speech and with the structure of the dialogue in which it participates. The rights protecting works of authorship are confined to communicative uses of the work and to uses consistent with the communicative rights of others—for example, unauthorized reproduction of a work is lawful when responding to the work requires its reproduction.
What’s Wrong with Copying? offers a new way to interpret and criticize existing copyright law and to think about the relation between copyright and digital technology as well as broader juridical, social, and cultural concerns.
How can these conflicting attitudes towards rights be reconciled? Radha D’Souza lays out the problem and the solution in this book, applying legal thought to human rights to bridge the gap between rights in the abstract and their institutional context. Through close looks at real struggles, D’Souza shows how the left around the world can develop new strategies and tactics to achieve the goals embodied by rights discourse without giving cover to globalization.
One of the most important functions of government—risk management—is one of the least well understood. Moving beyond the most familiar public functions—spending, taxation, and regulation—When All Else Fails spotlights the government’s pivotal role as a risk manager. It reveals, as never before, the nature and extent of this governmental function, which touches almost every aspect of economic life.
In policies as diverse as limited liability, deposit insurance, Social Security, and federal disaster relief, American lawmakers have managed a wide array of private-sector risks, transforming both the government and countless private actors into insurers of last resort. Drawing on history and economic theory, David Moss investigates these risk-management policies, focusing in particular on the original logic of their enactment. The nation’s lawmakers, he finds, have long believed that pervasive imperfections in private markets for risk necessitate a substantial government role. It remains puzzling, though, why such a large number of the resulting policies have proven so popular in a country famous for its anti-statism. Moss suggests that the answer may lie in the nature of the policies themselves, since publicly mandated risk shifting often requires little in the way of invasive bureaucracy. Well suited to a society suspicious of government activism, public risk management has emerged as a critical form of government intervention in the United States.
A decade later during the Cold War, the U.S. government used the Barry trials as an excuse to bar the left-leaning, sexually adventurous, British-born comic from the country he had called home for forty years. Not only did these trials have a lasting impact on law; they also raise concerns about the power of celebrity, Cold War politics, the media frenzy surrounding high-profile court proceedings, and the sorry history of the casting couch. When Charlie Met Joan examines these trials from the perspective of both parties, asking whether Chaplin was unfairly persecuted by the government because of his left-leaning political beliefs, or if he should have been held more accountable for his cavalier treatment of Barry and other women in his life?
---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley
"Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense."
---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School
With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts.
Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence.
It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance.
Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.
We have come to assume that governing our social activities by advance planning—by creating abstract descriptions of what ought to happen and adjusting these descriptions as situations change—is not as efficient and responsive as dealing directly with the real substance of the situation at hand. Stinchcombe argues the opposite. When a plan is designed to correct itself and keep up with the reality it is meant to govern, it can be remarkably successful. He points out a wide range of examples where this is the case, including architectural blueprints, immigration law, the construction of common law by appeals courts, Fannie Mae's secondary mortgage market, and scientific paradigms and programs.
Arguing that formality has been misconceived as consisting mainly of its defects, Stinchcombe shows how formality, at its best, can serve us much better than ritual obedience to poorly laid plans or a romantic appeal to "real life."
The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them.
If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided?
When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.
When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky’s background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Rhetoricians focus on language and how it influences perception and moves people to action. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right. Using the characters and drama embedded in legal cases that elucidate First Amendment principles, When Freedom Speaks makes the concepts easier to understand and clearly applicable to our lives. With a wide range of examples and accessible language, this book is the perfect overview of the First Amendment.
A law requires black bus passengers to sit in the back of the bus. The U.S. Food and Drug Administration approves a drug for use by black heart failure patients. A state refuses to license drivers under age 16. A company avoids hiring women between the ages of 20 and 40. We routinely draw distinctions among people on the basis of characteristics that they possess or lack. While some distinctions are benign, many are morally troubling.
In this boldly conceived book, Deborah Hellman develops a much-needed general theory of discrimination. She demonstrates that many familiar ideas about when discrimination is wrong—when it is motivated by prejudice, grounded in stereotypes, or simply departs from merit-based decision-making—won’t adequately explain our widely shared intuitions.
Hellman argues that, in the end, distinguishing among people on the basis of traits is wrong when it demeans any of the people affected. She deftly explores the question of how we determine what is in fact demeaning.
Claims of wrongful discrimination are among the most common moral claims asserted in public and private life. Yet the roots of these claims are often left unanalyzed. When Is Discrimination Wrong? explores what it means to treat people as equals and thus takes up a central problem of democracy.
Sandra Simkins provides straight answers to common questions such as:
- Should I let my child talk to the police without a lawyer?
- How can I help my child succeed on probation?
- Should my child admit to the charges or take the case to trial?
- How will this case impact my child's future? Will it prevent him from getting a job or going into the army?
- My child has mental health issues. Can the juvenile justice system help?
- My daughter is out of control. Should I call the police?
- My son got arrested at school and is now suspended. What should I do next?
Simkins takes complicated legal concepts and breaks them down into easy-to-understand guidelines. She includes information on topics such as police interrogation, detention hearings, and bail, along with state-by-state specifics. When Kids Get Arrested is a perfect resource for parents, social workers, guidance counselors, teachers, principals, coaches, and anyone else who works with children.
"Sherwin offers insightful, intriguing analyses of movies and other cultural products. His examination of legal discourse and popular culture will inform, enlighten, and even entertain."—William Halton, The Law and Politics Book Review
"[Sherwin's] knowledge of how media culture affects the courtroom is valuable, as is his rigorous examination. Can we prevent America's legal system from going 'pop'—losing its legitimacy by becoming just another part of popular culture? Given America's courtroom obsession . . . it's about time someone did some explaining."—Julie Scelfo, Brill's Content
"[A] brilliant analysis of the jury system in our media-saturated age. . . . [D]iscerning readers will see a truly integrative intelligence at work, proposing possible solutions rather than simply bemoaning problems."—Publishers Weekly
“A remarkable book.”—Malcolm Gladwell, San Francisco Chronicle
Deaths of civilians at the hands of on-duty police are in the national spotlight as never before. How many killings by police occur annually? What circumstances provoke police to shoot to kill? Who dies? The lack of answers to these basic questions points to a crisis in American government that urgently requires the attention of policy experts. When Police Kill is a groundbreaking analysis of the use of lethal force by police in the United States and how its death toll can be reduced.
Franklin Zimring compiles data from federal records, crowdsourced research, and investigative journalism to provide a comprehensive, fact-based picture of how, when, where, and why police resort to deadly force. Of the 1,100 killings by police in the United States in 2015, he shows, 85 percent were fatal shootings and 95 percent of victims were male. The death rates for African Americans and Native Americans are twice their share of the population.
Civilian deaths from shootings and other police actions are vastly higher in the United States than in other developed nations, but American police also confront an unusually high risk of fatal assault. Zimring offers policy prescriptions for how federal, state, and local governments can reduce killings by police without risking the lives of officers. Criminal prosecution of police officers involved in killings is rare and only necessary in extreme cases. But clear administrative rules could save hundreds of lives without endangering police officers.
“Roughly 1,000 Americans die each year at the hands of the police…The civilian body count does not seem to be declining, even though violent crime generally and the on-duty deaths of police officers are down sharply…Zimring’s most explosive assertion—which leaps out…—is that police leaders don’t care…To paraphrase the French philosopher Joseph de Maistre, every country gets the police it deserves.”
—Bill Keller, New York Times
“If you think for one second that the issue of cop killings doesn’t go to the heart of the debate about gun violence, think again. Because what Zimring shows is that not only are most fatalities which occur at the hands of police the result of cops using guns, but the number of such deaths each year is undercounted by more than half!…[A] valuable and important book…It needs to be read.”
—Mike Weisser, Huffington Post
What might a sensible community choose to do if its economy has fallen apart and becoming a ghost town is not an acceptable option? Unfortunately, answers to this question have long been measured against an implicit standard: the postwar economy of the 1950s. After showing why that economy provides an implausible standard—made possible by the lack of economic competition from the European and Asian countries, winners or losers, touched by the war—John Henry Schlegel attempts to answer the question of what to do.
While Waiting for Rain first examines the economic history of the United States as well as that of Buffalo, New York: an appropriate stand-in for any city that may have seen its economy start to fall apart in the 1960s, 70s, and 80s. It makes clear that neither Buffalo nor the United States as a whole has had an economy in the sense of “a persistent market structure that is the fusion of an understanding of economic life with the patterns of behavior within the economic, political, and social institutions that enact that understanding” since both economies collapsed. Next, this book builds a plausible theory of how economic growth might take place by examining the work of the famous urbanist, Jane Jacobs, especially her book Cities and the Wealth of Nations. Her work, like that of many others, emphasizes the importance of innovation for economic growth, but is singular in its insistence that such innovation has to come from local resources. It can neither be bought nor given, even by well-intentioned political actors. As a result Americans generally, as well as locally, are like farmers in the midst of a drought, left to review their resources and wait. Finally, it returns to both the local Buffalo and the national economies to consider what these political units might plausibly do while waiting for an economy to emerge.
This study reads the already canonical works of nineteenth- and twentieth-century black literature in the context of their responses to and critiques of American legal history. At the same time, it examines little known texts of African American life, from the urban humor of James D. Corrothers, through the early political essays of Chester Himes, to the adventures of black comic book heroes like Steel, Wise Son, and Xero. These are contextualized within specific legislation and case law, from the slave laws of early Virginia to the Civil Rights Act of 1964, from the case of Phillis and Mark in 1755 to the Simpson trials of the mid 1990s.
Finally, the legal texts presented are themselves critiqued by the fictions and legal analyses of the African Americans who lived out their implications in their daily lives. Through a positing of the legal and cultural concepts of privacy, property, identity, desire and citizenship, and the romantic ideals of authenticity, irony, and innocence, Suggs is able to show how our understanding of American law should be influenced by African American conceptions of it as depicted through literature.
This book will appeal to students and scholars of literary and cultural studies, law and literature, American history, as well as to scholars of African American literature and culture.
Jon-Christian Suggs is Professor of English, John Jay College, City University of New York.
These are more than questions for policy and law. They are one way of getting a handle on how our culture understands what makes life worth preserving and of delving into its complex calculus of punishment and retribution. Who Deserves to Die? brings together a distinguished group of death penalty scholars to assess the forms of legal subjectivity and legal community that are supported and constructed by the doctrines and practices of punishment by death in the United States. They help us understand what we do and who we become when we decide who is fit for execution.
In addition to the editors, contributors include Vanessa Barker, Thomas L. Dumm, Daniel Markel, Linda Meyer, Ruth A. Miller, Ravit Reichman, Susan R. Schmeiser, Mateo Taussig-Rubbo, and Robert Weisberg.
The real story, however, is much more complicated—and dramatic—than that. With Who Freed the Slaves?, distinguished historian Leonard L. Richards tells the little-known story of the battle over the Thirteenth Amendment, and of James Ashley, the unsung Ohio congressman who proposed the amendment and steered it to passage. Taking readers to the floor of Congress and the back rooms where deals were made, Richards brings to life the messy process of legislation—a process made all the more complicated by the bloody war and the deep-rooted fear of black emancipation. We watch as Ashley proposes, fine-tunes, and pushes the amendment even as Lincoln drags his feet, only coming aboard and providing crucial support at the last minute. Even as emancipation became the law of the land, Richards shows, its opponents were already regrouping, beginning what would become a decades-long—and largely successful—fight to limit the amendment’s impact.
Who Freed the Slaves? is a masterwork of American history, presenting a surprising, nuanced portrayal of a crucial moment for the nation, one whose effects are still being felt today.
Who owns academic work? This question is provoking political and legal battles, fought on uncertain terrain, for ever-higher stakes. The posting of faculty lecture notes on commercial Web sites is being hotly debated in multiple forums, even as faculty and university administrators square off in a battle for professorial copyright. In courtrooms throughout the country, universities find themselves embroiled in intricate and expensive patent litigation. Meanwhile, junior researchers are appearing in those same courtrooms, using intellectual property rules to challenge traditional academic hierarchies. All but forgotten in these ownership disputes is a more fundamental question: should academic work be owned at all? Once characterized as a kind of gift, academic work--and academic freedom--are now being reframed as private intellectual property.
Drawing on legal, historical, and qualitative research, Corynne McSherry explores the propertization of academic work and shows how that process is shaking the foundations of the university, the professoriate, and intellectual property law. The modern university's reason for being is inextricably tied to that of the intellectual property system. The rush of universities and scholars to defend their knowledge as property dangerously undercuts a working covenant that has sustained academic life--and intellectual property law--for a century and a half. As the value structure of the research university is replaced by the inequalities of the free market, academics risk losing a language for talking about knowledge as anything other than property. McSherry has written a book that ought to deeply trouble everyone who cares about the academy.
While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above?
Who Owns Culture? offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania?
Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production.
The practical and artistic creations of native peoples permeate everyday life in settler nations, from the design elements on our clothing to the plot-lines of books we read to our children. Rarely, however, do native communities benefit materially from this use of their heritage, a situation that drives growing resistance to what some denounce as "cultural theft."
Who Owns Native Culture? documents the efforts of indigenous peoples to redefine heritage as a proprietary resource. Michael Brown takes readers into settings where native peoples defend what they consider their cultural property: a courtroom in Darwin, Australia, where an Aboriginal artist and a clan leader bring suit against a textile firm that infringes sacred art; archives and museums in the United States, where Indian tribes seek control over early photographs and sound recordings collected in their communities; and the Mexican state of Chiapas, site of a bioprospecting venture whose legitimacy is questioned by native-rights activists.
By focusing on the complexity of actual cases, Brown casts light on indigenous claims in diverse fields--religion, art, sacred places, and botanical knowledge. He finds both genuine injustice and, among advocates for native peoples, a troubling tendency to mimic the privatizing logic of major corporations.
The author proposes alternative strategies for defending the heritage of vulnerable native communities without blocking the open communication essential to the life of pluralist democracies. Who Owns Native Culture? is a lively, accessible introduction to questions of cultural ownership, group privacy, intellectual property, and the recovery of indigenous identities.
After September 11, with New Yorkers reeling from the World Trade Center attack, Chief Medical Examiner Charles Hirsch proclaimed that his staff would do more than confirm the identity of the individuals who were killed. They would attempt to identify and return to families every human body part recovered from the site that was larger than a thumbnail. As Jay D. Aronson shows, delivering on that promise proved to be a monumentally difficult task. Only 293 bodies were found intact. The rest would be painstakingly collected in 21,900 bits and pieces scattered throughout the skyscrapers’ debris.
This massive effort—the most costly forensic investigation in U.S. history—was intended to provide families conclusive knowledge about the deaths of loved ones. But it was also undertaken to demonstrate that Americans were dramatically different from the terrorists who so callously disregarded the value of human life.
Bringing a new perspective to the worst terrorist attack in U.S. history, Who Owns the Dead? tells the story of the recovery, identification, and memorialization of the 2,753 people killed in Manhattan on 9/11. For a host of cultural and political reasons that Aronson unpacks, this process has generated endless debate, from contestation of the commercial redevelopment of the site to lingering controversies over the storage of unclaimed remains at the National 9/11 Memorial and Museum. The memory of the victims has also been used to justify military activities in the Middle East that have led to the deaths of an untold number of innocent civilians.
In the summer of 1900, a zeppelin stayed aloft for a full eighteen minutes above Lake Constance and mankind found itself at the edge of a new world. Where many saw hope and the dawn of another era, one man saw a legal conundrum. Charles C. Moore, an obscure New York lawyer, began an inquiry that Stuart Banner returns to over a century later: in the age of airplanes, who can lay claim to the heavens?
The debate that ensued in the early twentieth century among lawyers, aviators, and the general public acknowledged the crucial challenge new technologies posed to traditional concepts of property. It hinged on the resolution of a host of broader legal issues being vigorously debated that pertained to the fine line between private and public property. To what extent did the Constitution allow the property rights of the nation’s landowners to be abridged? Where did the common law of property originate and how applicable was it to new technologies? Where in the skies could the boundaries between the power of the federal government and the authority of the states be traced?
Who Owns the Sky is the first book to tell this forgotten story of elusive property. A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banner’s book reminds us of the powerful and reciprocal relationship between technological innovation and the law—in the past as well as in the present.
Drawing from a Society for Applied Anthropology study on human rights and the environment, Who Pays the Price? provides a detailed look at the human experience of environmental crisis. The issues examined span the globe -- loss of land and access to critical resources; contamination of air, water and soil; exposure to radiation, toxic chemicals, and other hazardous wastes. Topics considered in-depth include:
- human rights and environmental degradation
- nation-state struggles over indigenous rights
- rights abuse accompanying resource extraction, weapons production, and tourism development
- environmental racism, gender bias, and multinational industry double standards
- social justice environmentalism
In this book, H. L. Pohlman reconstructs the dramatic story of this murder case and traces its disposition through the criminal justice system. Drawing on interviews with participants as well as court records, he closely examines competing interpretations of the evidence. Was the attack a hate crime? A sex crime? A class crime? At the same time, he shows how a broad range of substantive and procedural issues—from the rights of the accused to evaluation of potential mitigating circumstances—can influence the assessment of culpability in homicide cases.
Up-to-date yet rooted in history, Whose America? provides a sophisticated account of recent immigration policy while mapping the ideological struggle to answer an essential question: which people have the right to make America their home or refuge?
Contributors: Leisy Abrego, Carl Bon Tempo, Julio Capó, Jr., Carly Goodman, Julia Rose Kraut, Monique Laney, Carl Lindskoog, Yael Schacher, and Elliott Young
Our drug prohibition policy is hopeless, just as Prohibition, our alcohol prohibition policy, was before it. Today there are more drugs in our communities and at lower prices and higher strengths than ever before.
We have built large numbers of prisons, but they are overflowing with non-violent drug offenders. The huge profits made from drug sales are corrupting people and institutions here and abroad. And far from being protected by our drug prohibition policy, our children are being recruited by it to a lifestyle of drug use and drug selling.
Judge Gray’s book drives a stake through the heart of the War on Drugs. After documenting the wide-ranging harms caused by this failed policy, Judge Gray also gives us hope. We have viable options. The author evaluates these options, ranging from education and drug treatment to different strategies for taking the profit out of drug-dealing.
Many officials will not say publicly what they acknowledge privately about the failure of the War on Drugs. Politicians especially are afraid of not appearing "tough on drugs." But Judge Gray’s conclusions as a veteran trial judge and former federal prosecutor are reinforced by the testimonies of more than forty other judges nationwide.
Conundrums, puzzles, and perversities: these are Leo Katz’s stock-in-trade, and in Why the Law Is So Perverse, he focuses on four fundamental features of our legal system, all of which seem to not make sense on some level and to demand explanation. First, legal decisions are essentially made in an either/or fashion—guilty or not guilty, liable or not liable, either it’s a contract or it’s not—but reality is rarely as clear-cut. Why aren’t there any in-between verdicts? Second, the law is full of loopholes. No one seems to like them, but somehow they cannot be made to disappear. Why? Third, legal systems are loath to punish certain kinds of highly immoral conduct while prosecuting other far less pernicious behaviors. What makes a villainy a felony? Finally, why does the law often prohibit what are sometimes called win-win transactions, such as organ sales or surrogacy contracts?
Katz asserts that these perversions arise out of a cluster of logical difficulties related to multicriterial decision making. The discovery of these difficulties dates back to Condorcet’s eighteenth-century exploration of voting rules, which marked the beginning of what we know today as social choice theory. Condorcet’s voting cycles, Arrow’s Theorem, Sen’s Libertarian Paradox—every seeming perversity of the law turns out to be the counterpart of one of the many voting paradoxes that lie at the heart of social choice. Katz’s lucid explanations and apt examples show why they resist any easy resolutions.
The New York Times Book Review called Katz’s first book “a fascinating romp through the philosophical side of the law.” Why the Law Is So Perverse is sure to provide its readers a similar experience.
Torture is banned because it is cruel and inhumane. But as Shane O’Mara writes in this account of the human brain under stress, another reason torture should never be condoned is because it does not work the way torturers assume it does.
In countless films and TV shows such as Homeland and 24, torture is portrayed as a harsh necessity. If cruelty can extract secrets that will save lives, so be it. CIA officers and others conducted torture using precisely this justification. But does torture accomplish what its defenders say it does? For ethical reasons, there are no scientific studies of torture. But neuroscientists know a lot about how the brain reacts to fear, extreme temperatures, starvation, thirst, sleep deprivation, and immersion in freezing water, all tools of the torturer’s trade. These stressors create problems for memory, mood, and thinking, and sufferers predictably produce information that is deeply unreliable—and, for intelligence purposes, even counterproductive. As O’Mara guides us through the neuroscience of suffering, he reveals the brain to be much more complex than the brute calculations of torturers have allowed, and he points the way to a humane approach to interrogation, founded in the science of brain and behavior.
Torture may be effective in forcing confessions, as in Stalin’s Russia. But if we want information that we can depend on to save lives, O’Mara writes, our model should be Napoleon: “It has always been recognized that this way of interrogating men, by putting them to torture, produces nothing worthwhile.”
How does the law regard and define mental incompetence, when faced with the problem of meting out justice? To what extent has the law relied on extra-legal authorities—be they religious or scientific—to frame its own categories of mental incompetence and madness? Wild Beasts and Idle Humours takes us on an illuminating journey through the changing historical landscape of human nature and offers an unprecedented look at the legal conceptions of insanity from the pre-classical Greek world to the present. Although actual trial records are either totally lacking or incomplete until the eighteenth century, there are other sources from which the insanity defenses can be constructed.
In this book Daniel N. Robinson, a distinguished historian of psychology, pores over centuries of written law, statements by legal commentators, summaries of crimes, and punishments, to glean from these sources an understanding of epochal views of responsibility and competence. From the Greek phrenesis to the Roman notions of furiosus and non compos mentis, from the seventeenth-century witch trials to today’s interpretation of mens rea, Robinson takes us through history and provides the intricate story of how the insanity defense has been construed as a meeting point of the law and those professions that chart human behavior and conduct: namely religion, medicine, and psychology. The result is a rare historical account of “insanity” within Western civilization.
Wild Beasts and Idle Humours will be essential reading for anyone interested in the evolution of thinking not merely about legal insanity but about such core concepts as responsibility, fitness for the rule of law, competence to enter into contracts and covenants, the role of punishments, and the place of experts within the overall juridical context.
The editors and contributors to Wildlife Crime examine topical issues from extinction to trafficking in order to understand the ecological, economic, political, and social costs and consequences of these crimes. Drawing from diverse theoretical perspectives, empirical and methodological developments, and on-the-ground experiences of practitioners, this comprehensive volume looks at how conservationists and law enforcement grapple with and combat environmental crimes and the profitable market for illegal trade.
Chapters cover criminological perspectives on species poaching, unregulated fishing, the trading of ivory and rhino horns, the adoption of conservation technologies, and ranger workplaces and conditions. The book includes firsthand experiences and research from China, Indonesia, Kenya, Madagascar, Morocco, Peru, Russia, South Africa, Tanzania, and the United States. The result is a significant book about the causes of and response to wildlife crime.
Contributors include: Johan Bergenas, Avi Brisman, Craig Forsyth, Meredith Gore, Georg Jaster, Alex Killion, Kasey Kinnard, Antony C. Leberatto, Barney Long, Nerea Marteache, Gohar Petrossian, Jonah Ratsimbazafy, Gary Roloff, Viviane Seyranian, Louise Shelley, Rohit Singh, Nicole Sintov, Nigel South, Milind Tambe, Daan van Uhm, Greg Warchol, Rodger Watson, Rob White, Madelon Willemsen, and the editor.
This revised and expanded second edition retains key sections from the first edition, describing basic legal concepts while offering important updates that address recent legal topics. New chapters cover timely issues such as private wildlife reserves and game ranches, and the increased prominence of nuisance species as well as an expanded discussion of the Endangered Species Act, now more than 40 years old. Chapter sidebars showcase pertinent legal cases illustrating real-world application of the legal concepts covered in the main text.
Accessibly written, this is an essential, groundbreaking reference for professors and students in natural resource and wildlife programs, land owners, and wildlife professionals.
In this landmark book, Marx sums up a lifetime of work on issues of surveillance and social control by disentangling and parsing the empirical richness of watching and being watched. Using fictional narratives as well as the findings of social science, Marx draws on decades of studies of covert policing, computer profiling, location and work monitoring, drug testing, caller identification, and much more, Marx gives us a conceptual language to understand the new realities and his work clearly emphasizes the paradoxes, trade-offs, and confusion enveloping the field. Windows into the Soul shows how surveillance can penetrate our social and personal lives in profound, and sometimes harrowing, ways. Ultimately, Marx argues, recognizing complexity and asking the right questions is essential to bringing light and accountability to the darker, more iniquitous corners of our emerging surveillance society.
For more information, please see www.garymarx.net.
Organized around periods of social need and turmoil, the book considers the role of states as legal laboratories in establishing American authority west of the Appalachians, in both implementing and limiting Jacksonian reforms and in navigating legal crises before and during the Civil War—including Wisconsin's invocation of sovereignty to defy federal fugitive slave laws. Ranney also surveys judicial revolts, the reforms of the Progressive era, and legislative responses to struggles for civil rights by immigrants, women, Native Americans, and minorities in the nineteenth and twentieth centuries. Since the 1960s, battles have been fought at the state level over such issues as school vouchers, voting, and abortion rights.
O'Hear tracks the effects of sentencing laws and politics in Wisconsin from the eve of the imprisonment boom in 1970 up to the 2010s. Drawing on archival research, original public-opinion polling, and interviews with dozens of key policymakers, he reveals important dimensions that have been missed by others. He draws out lessons from the Wisconsin experience for the United States as a whole, where mass incarceration has cost taxpayers billions of dollars and caused untold misery to millions of inmates and their families.
Some of the common themes in these efforts were the importance of black activism, especially the crucial role played by the NAACP; entrenched white opposition to school integration, which wasn’t just a southern state issue, as is shown in Delaware, Wisconsin, and Indiana; and the role of the federal government, a sometimes inconstant and sometimes reluctant source of support for implementing Brown.
-Anthony Lewis, New York Times columnist, and Pulitzer Prize-winning
author of Gideon's Trumpet
"The fascinating, eloquent, and skillfully edited oral memoir of a distinguished public servant, who was at the epicenter of major legal controversies that his memoir illuminates. A major contribution to modern American legal history."
-Richard A. Posner
"With All Deliberate Speed provides an insider's rich account, spanning over thirty years, of the inner workings of the Supreme Court, the Solicitor General's Office and the Federal Trade Commission that anyone seriously interested in a frank behind-the-scenes view of the federal government should find exceptionally provocative and intriguing"
-Drew Days III, Alfred M. Rankin Professor of Law, Yale University, and former Solicitor General of the United States, 1993-96
From a modest childhood in Patterson, N. J., Philip Elman rose to become clerk for the great Supreme Court Justice Felix Frankfurter, and then to a position in the U.S. Solicitor General's Office. As a member of that office, Philip Elman had an exceptional vantage point on one of the most momentous cases in U.S. Supreme Court history: Brown v. Board of Education.
In this oral history memoir of Elman's life, With All Deliberate Speed, author Norman I. Silber reveals the maneuvering that led to the Court's overturning the doctrine of "separate but equal." Working behind the scenes, it was Justice Department attorney Elman who came up with the concept of gradual integration-an idea that worked its way into the final decision as the famous phrase "with all deliberate speed." Though this expression angered those pressing for immediate desegregation, Elman claims that it unified a divided Court, thus enabling them to stand together against the evil of segregation.
With All Deliberate Speed records a decisive moment in Supreme Court history, but it is also Philip Elman's unforgettable oral memoir-the story of his entire career in government service, including his work with Attorney General Robert F. Kennedy as commissioner of the FTC, and his role in founding the modern consumer protection movement, which includes the antismoking campaign that put the Surgeon General's warning on cigarette packs.
At once rich historical testimony and a gripping read, With All Deliberate Speed offers a rarely glimpsed insider's understanding of the politics of the American legal system.
Kirsten Sword’s richly researched history reconstructs the stories of wives who fled their husbands between the mid-seventeenth and early nineteenth centuries, comparing their plight with that of other runaway dependents. Wives not Slaves explores the links between local justice, the emerging press, and transatlantic political debates about marriage, slavery and imperial power. Sword traces the relationship between the distress of ordinary households, domestic unrest, and political unrest, shedding new light on the social changes imagined by eighteenth-century revolutionaries, and on the politics that determined which patriarchal forms and customs the new American nation would—and would not—abolish.
Drawing on original legal texts and explanatory statements as well as extensive state-based secondary literature, Welchman places these discussions in a contemporary global context that internationalizes the domestic and regional particularities of Muslim family law. Accompanied by a full bibliography and an appendix providing translated extracts of the laws under examination Women and Muslim Family Law considers laws from the Gulf States to North Africa in order to illustrate the legal, social, and political dynamics of the current debates.
Richards argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism that condemned both American racism and sexism. He sees the progressive role of such radical dissent as an emancipated moral voice in the American constitutional tradition. He examines the role of dissident African Americans, Jews, women, and homosexuals in forging alternative visions of rights-based democracy. He also draws special attention to Walt Whitman's visionary poetry, showing how it made space for the silenced and subjugated voices of homosexuals in public and private culture.
According to Richards, contemporary feminism rediscovers and elaborates this earlier tradition. And, similarly, the movement for gay rights builds upon an interpretation of abolitionist feminism developed by Whitman in his defense, both in poetry and prose, of love between men. Richards explores Whitman's impact on pro-gay advocates, including John Addington Symonds, Havelock Ellis, Edward Carpenter, Oscar Wilde, and André Gide. He also discusses other diverse writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton, W. E. B. DuBois, and Adrienne Rich.
Richards addresses current controversies such as the exclusion of homosexuals from the military and from the right to marriage and concludes with a powerful defense of the struggle for such constitutional rights in terms of the principles of rights-based feminism.
"This unique collection of documents will be a boon to teachers of history and to scholars of the French Revolution. . . . Recommended."
-- Library Journal
What did it mean to be a woman in colonial Spanish America? Given the many advances in women's rights since the nineteenth century, we might assume that colonial women had few rights and were fully subordinated to male authority in the family and in society—but we'd be wrong. In this provocative study, Kimberly Gauderman undermines the long-accepted patriarchal model of colonial society by uncovering the active participation of indigenous, mestiza, and Spanish women of all social classes in many aspects of civil life in seventeenth-century Quito.
Gauderman draws on records of criminal and civil proceedings, notarial records, and city council records to reveal women's use of legal and extra-legal means to achieve personal and economic goals; their often successful attempts to confront men's physical violence, adultery, lack of financial support, and broken promises of marriage; women's control over property; and their participation in the local, interregional, and international economies. This research clearly demonstrates that authority in colonial society was less hierarchical and more decentralized than the patriarchal model suggests, which gave women substantial control over economic and social resources.
In the past twenty-five years, no one has been more instrumental than Catharine MacKinnon in making equal rights real for women. As Peter Jennings once put it, more than anyone else in legal studies, she "has made it easier for other women to seek justice." This collection, the first since MacKinnon's celebrated Feminism Unmodified appeared in 1987, brings together previously uncollected and unpublished work in the national arena from 1980 to the present, defining her clear, coherent, consistent approach to reframing the law of men on the basis of the lives of women.
By making visible the deep gender bias of existing law, MacKinnon has recast legal debate and action on issues of sex discrimination, sexual abuse, prostitution, pornography, and racism. The essays in this volume document and illuminate some of the momentous and ongoing changes to which this work contributes; the recognition of sexual harassment, rape, and battering as claims for sexual discrimination; the redefinition of rape in terms of women's actual experience of sexual violation; and the reframing of the pornography debate around harm rather than morality. The perspectives in these essays have played an essential part in changing American law and remain fundamental to the project of building a sex-equal future.
During 2019-20 in England and Wales, over 17 million hours of labor were carried out by more than 12,500 people incarcerated in prisons, while many people in immigration detention centers were also put to work. These people constitute a sub-waged, captive workforce who are frequently discarded by the state when done with.
Work and the Carceral State examines these forms of work as part of a broader exploration of the relationship between criminalization, criminal justice, immigration policy and labor, tracing their lineage through the histories of transportation and banishment, of houses of correction and prisons, to the contemporary production of work.
Criminalization has been used to enforce work and to discipline labor throughout the history of England and Wales. This book demands that we recognise the carceral state as operating at the frontier of labor control in the 21st century.
Clear-eyed and comprehensive, Workers against the City revises the view of a milestone case that continues to impact Americans' constitutional rights today.
One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
"The sordid controversies of litigants," Benjamin Cardozo once said, are "the stuff from which great and shining truths will ultimately be shaped." As one of America's most influential judges, first on New York State's Court of Appeals and then on the United States Supreme Court, Cardozo (1870-1938) oversaw this transformation daily. How he arrived at his rulings, with their far-reaching consequences, becomes clear in this book, the first to explore the connections between Benjamin Cardozo's life and his jurisprudence.
An intensely private man whose friends destroyed much of his correspondence, Cardozo has long eluded scrutiny. But through extraordinary effort Richard Polenberg has uncovered letters, briefs, transcripts, and biographical details to give us a complex living picture of this man whose judicial opinions continue to affect us. Polenberg describes the shaping experiences of Cardozo's youth, among them the death of his mother when he was nine years old; religious training in the Spanish-Portuguese Synagogue; two years of private tutoring by Horatio Alger, Jr.; and his reaction to the scandal that prompted his father to resign from the New York Supreme Court. Then, in light of certain cases that were brought before the Court of Appeals, we see how Cardozo's rulings reflected a system of beliefs rooted in these early experiences; how, despite his famous detachment, Cardozo read evidence and precedents selectively and based his decisions regarding issues from rape and divorce to the insanity plea on his own views about morality, scholarship, and sexuality. Here too is the truth behind Cardozo's renowned liberalism, explored through his rulings on New Deal measures such as the Social Security Act and his more conservative decisions in cases involving conscientious objectors and the rights of criminal defendants.
The Benjamin Cardozo who emerges from these pages, a complicated and intriguing figure, points to a new understanding of the shaping of American law.
In the second part, the author dissects the Entebbe raid, where Israeli forces rescued a group of hostages being detained by hijackers at a Ugandan airport. His analysis shows the deficiencies of the international system in dealing with such a complex issue, where several contradictory principles of international law could be applied and were defended by various protagonists.
The third part starts with a parallel problem--the Iranian hostages crisis, where a group of U.S. officials found themselves in an unprecedented situation of being captured by a band of students. A critical analysis of the handling of this problem by the Carter Administration is followed by vignettes of other crises faced by the Administration and by its successor, the Reagan Administration. This part is less analytical and more prescriptive. The author is no long satisfied with pointing out what went wrong; instead, he departs from the usual hands-off policy of political scientists and tries to indicate how much better each situation could have been handled if the decision makers had been paying more attention to international law and international organizations. The theme is slowly developed that in the long run national interest is better served not by practicing power politics and relying on the use of threat of force but by strengthening those international institutions that can provide a neutral environment for first slowing down a crisis and then finding an equitable solution acceptable to most of the parties in conflict.
The value of this book lies primarily in giving the reader a real insight into several important issues of today that are familiar to most people only from newspaper headlines and television news. While not everybody can agree with all his criticisms of the mistakes of various governments, there is an honest attempt by the author to present issues impartially and to let the blame fall where it may. Being both an international lawyer and a political scientist, the author has had the advantage of combining the methodology of these two social sciences into a rich tapestry with some startling shades and tones.
Largely overlooked for almost a century, the compelling story of this case emerges vividly in this meticulously researched book by Dean A. Strang. In its focus on a moment when patriotism, nativism, and terror swept the nation, Worse than the Devil exposes broad concerns that persist even today as the United States continues to struggle with administering criminal justice to newcomers and outsiders.
Although most discussions of diversity have focused on race and ethnicity, Levinson is particularly interested in religious diversity and its implications. Why, he asks, do arguments for racial and ethnic diversity not also counsel a concern to achieve religious diversity within a student body? He considers the propriety of judges drawing on their religious views in making legal decisions and the kinds of questions Senators should feel free to ask nominees to the federal judiciary who have proclaimed the importance of their religion in structuring their own lives. In exploring the sense in which Sandy Koufax can be said to be a “Jewish baseball player,” he engages in broad reflections on professional identity. He asks whether it is desirable, or even possible, to subordinate merely "personal" aspects of one’s identity—religion, political viewpoints, gender—to the impersonal demands of the professional role. Wrestling with Diversity is a powerful interrogation of the assumptions and contradictions underlying public life in a multicultural world.
Required to sign away their legal rights as authors as a condition of employment, professional writers may earn a tidy living for their work, but they seldom own their writing. Writing for Hire traces the history of labor relations that defined authorship in film, TV, and advertising in the mid-twentieth century. Catherine L. Fisk examines why strikingly different norms of attribution emerged in these overlapping industries, and she shows how unionizing enabled Hollywood writers to win many authorial rights, while Madison Avenue writers achieved no equivalent recognition.
In the 1930s, the practice of employing teams of writers to create copyrighted works became widespread in film studios, radio networks, and ad agencies. Sometimes Hollywood and Madison Avenue employed the same people. Yet the two industries diverged in a crucial way in the 1930s, when screenwriters formed the Writers Guild to represent them in collective negotiations with media companies. Writers Guild members believed they shared the same status as literary authors and fought to have their names attached to their work. They gained binding legal norms relating to ownership and public recognition—norms that eventually carried over into the professional culture of TV production.
In advertising, by contrast, no formal norms of public attribution developed. Although some ad writers chafed at their anonymity, their nonunion workplace provided no institutional framework to channel their demands for change. Instead, many rationalized their invisibility as creative workers by embracing a self-conception as well-compensated professionals devoted to the interests of clients.
Ancient Mesopotamia, the fertile crescent between the Tigris and Euphrates rivers in what is now western Iraq and eastern Syria, is considered to be the cradle of civilization—home of the Babylonian and Assyrian empires, as well as the great Code of Hammurabi. The Code was only part of a rich juridical culture from 2200–1600 BCE that saw the invention of writing and the development of its relationship to law, among other remarkable firsts.
Though ancient history offers inexhaustible riches, Dominique Charpin focuses here on the legal systems of Old Babylonian Mesopotamia and offers considerable insight into how writing and the law evolved together to forge the principles of authority, precedent, and documentation that dominate us to this day. As legal codes throughout the region evolved through advances in cuneiform writing, kings and governments were able to stabilize their control over distant realms and impose a common language—which gave rise to complex social systems overseen by magistrates, judges, and scribes that eventually became the vast empires of history books. Sure to attract any reader with an interest in the ancient Near East, as well as rhetoric, legal history, and classical studies, this book is an innovative account of the intertwined histories of law and language.
Three years before his death, Michel Foucault delivered a series of lectures at the Catholic University of Louvain that until recently remained almost unknown. These lectures—which focus on the role of avowal, or confession, in the determination of truth and justice—provide the missing link between Foucault’s early work on madness, delinquency, and sexuality and his later explorations of subjectivity in Greek and Roman antiquity.
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