The Scandal of the State develops through a series of compelling case studies, each of which centers around an incident exposing the contradictory position of the Indian state vis-à-vis its female citizens and, ultimately, the inadequacy of its commitment to women’s rights. Sunder Rajan focuses on the custody battle over a Muslim child bride, the compulsory sterilization of mentally retarded women in state institutional care, female infanticide in Tamilnadu, prostitution as labor rather than crime, and the surrender of the female outlaw Phoolan Devi. She also looks at the ways the Uniform Civil Code presented many women with a stark choice between allegiance to their religion and community or the secular assertion of individual rights. Rich with theoretical acumen and activist passion, The Scandal of the State is a powerful critique of the mutual dependence of women and the state on one another in the specific context of a postcolonial modernity.
In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime.
This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilization were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction. In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.
This book explores the relationship between women and property in the Greek lands and their broader social position in the century that culminated with the establishment of the national Greek state (1750–1850). Evdoxios Doxiadis focuses on the status and rights of Greek women in the later Ottoman period, the decade-long Greek War of Independence, and the first decades of the Greek state, seeking to reveal the impact that the pursuit of modernization by the early Greek governments had on women. Through the systematic examination of numerous legal documents in notarial archives from four distinct regions (Naxos, Mykonos, Athens, and Leonidio), the position of women in Greek societies of the period is illuminated in all its complexity and regional diversity. Special emphasis is placed on women’s ability in some areas to defend their property rights and be active economic agents.
Although the Greek revolutionaries and the Greek state did not curtail the rights of women with respect to property, the very institutions that were fundamental in the creation of the Greek state transformed the established relationship between women and property. Doxiadis shows that modernization proved to be an oppressive force for Greek women—though in a much more clandestine fashion than perhaps expected in other European states.
Who owns your genetic information? Might it be the doctors who, in the course of removing your spleen, decode a few cells and turn them into a patented product? In 1990 the Supreme Court of California said yes, marking another milestone on the information superhighway. This extraordinary case is one of the many that James Boyle takes up in Shamans, Software, and Spleens, a timely look at the infinitely tricky problems posed by the information society. Discussing topics ranging from blackmail and insider trading to artificial intelligence (with good-humored stops in microeconomics, intellectual property, and cultural studies along the way), Boyle has produced a work that can fairly be called the first social theory of the information age.
Now more than ever, information is power, and questions about who owns it, who controls it, and who gets to use it carry powerful implications. These are the questions Boyle explores in matters as diverse as autodialers and direct advertising, electronic bulletin boards and consumer databases, ethno-botany and indigenous pharmaceuticals, the right of publicity (why Johnny Carson owns the phrase "Here's Johnny!"), and the right to privacy (does J. D. Salinger "own" the letters he's sent?). Boyle finds that our ideas about intellectual property rights rest on the notion of the Romantic author--a notion that Boyle maintains is not only outmoded but actually counterproductive, restricting debate, slowing innovation, and widening the gap between rich and poor nations. What emerges from this lively discussion is a compelling argument for relaxing the initial protection of authors' works and expanding the concept of the fair use of information. For those with an interest in the legal, ethical, and economic ramifications of the dissemination of information--in short, for every member of the information society, willing or unwilling--this book makes a case that cannot be ignored.
Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy.
The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws.
In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.
In post-Reformation Poland—the largest state in Europe and home to the largest Jewish population in the world—the Catholic Church suffered profound anxiety about its power after the Protestant threat. Magda Teter reveals how criminal law became a key tool in the manipulation of the meaning of the sacred and in the effort to legitimize Church authority. The mishandling of sacred symbols was transformed from a sin that could be absolved into a crime that resulted in harsh sentences of mutilation, hanging, decapitation, and, principally, burning at the stake.
Teter casts new light on the most infamous type of sacrilege, the accusation against Jews for desecrating the eucharistic wafer. These sacrilege trials were part of a broader struggle over the meaning of the sacred and of sacred space at a time of religious and political uncertainty, with the eucharist at its center. But host desecration—defined in the law as sacrilege—went beyond anti-Jewish hatred to reflect Catholic-Protestant conflict, changing conditions of ecclesiastic authority and jurisdiction, and competition in the economic marketplace.
Recounting dramatic stories of torture, trial, and punishment, this is the first book to consider the sacrilege accusations of the early modern period within the broader context of politics and common crime. Teter draws on previously unexamined trial records to bring out the real-life relationships among Catholics, Jews, and Protestants and challenges the commonly held view that following the Reformation, Poland was a “state without stakes”—uniquely a country without religious persecution.
In her concise history Slavery and Abolition in Pennsylvania, Beverly Tomek corrects the long-held notion that slavery in the North was “not so bad” as, or somehow “more humane” than, in the South due to the presence of abolitionists. While the Quaker presence focused on moral and practical opposition to bondage, slavery was ubiquitous. Nevertheless, Pennsylvania was the first state to pass an abolition law in the United States.
Slavery and Abolition in Pennsylvania traces this movement from its beginning to the years immediately following the American Civil War. Discussions of the complexities of the state’s antislavery movement illustrate how different groups of Pennsylvanians followed different paths in an effort to achieve their goal. Tomek also examines the backlash abolitionists and Black Americans faced. In addition, she considers the civil rights movement from the period of state reconstruction through the national reconstruction that occurred after the Civil War.
While the past few decades have shed light on enslavement and slavery in the South, much of the story of northern slavery remains hidden. Slavery and Abolition in Pennsylvania tells the full and inclusive story of this history, bringing the realities of slavery, abolition, and Pennsylvania's attempt to reconstruct its post-emancipation society.
An incomparably rich source of period information, the second volume of The Southern Debate over Slavery offers a representative and extraordinary sampling of the thousands of petitions about issues of race and slavery that southerners submitted to county courts between the American Revolution and Civil War. These petitions, filed by slaveholders and nonslaveholders, slaves and free blacks, women and men, abolitionists and staunch defenders of slavery, constitute a uniquely important primary source. The collection records with great immediacy and minute detail the dynamics and legal restrictions that shaped southern society.
Carlson argues that by drawing on the conventions of early colonial treaty-making, nineteenth- and early twentieth-century Indian autobiographers sought to adapt and redefine the terms of Indian law as a way to assert specific property-based and civil rights. Focusing primarily on the autobiographical careers of two major writers (William Apess and Charles Eastman), Sovereign Selves traces the way that their sustained engagement with colonial legal institutions gradually enabled them to produce a new rhetoric of "Indianness."
With an Expanded Appendix on the Current Legal Status of Surrogacy Arrangements
A practice known since Biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples—and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy.
A man’s desire to be a “biological” parent even when his wife is infertile—the father’s wife usually adopts the child—has led to this new kind of family, and modern technology could further extend surrogacy’s appeal by making gestational surrogates available to couples who provide both egg and sperm. But is surrogacy a form of babyselling? Is the practice a private matter covered by contract law, or does adoption law govern? Is it good or bad social and public policy to leave surrogacy unregulated? Should the law allow, encourage, discourage, or prohibit surrogate motherhood? Ultimately the answers will depend on what the American public wants.
In the difficult process of sorting out such vexing questions, Martha Field has written a landmark book. Showing that the problem is rather too much applicable law than too little, she discusses contract law and constitutional law, custody and adoption law, and the rights of biological fathers as well as the laws governing sperm donation. Competing values are involved all along the legal and social spectrum. Field suggests that a federal prohibition would be most effective if banning surrogacy is the aim, but federal prohibition might not be chosen for a variety of reasons: a preference for regulating surrogacy instead of driving it underground; a preference for allowing regulation and variation by state; or a respect for the interests of people who want to enter surrogacy arrangements. Since the law can support a wide variety of positions, Field offers one that seems best to reconcile the competing values at stake. Whether or not paid surrogacy is made illegal, she suggests that a surrogate mother retain the option of abiding by or canceling the contract up to the time she freely gives the child to the adopting couple. And if she cancels the contract, she should be entitled to custody without having to prove in court that she would be a better parent than the father.
Developments in new reproductive technologies have confounded public policy and created legal and ethical quandaries for professionals and ordinary citizens alike. Drawing from the most current medical, psychiatric, legal, and bioethical literature, Ruth Macklin, noted author and philosopher, presents the arguments surrounding these advances through the voices of fictional characters. The episodes she narrates are based on real-life situations, both from her personal experience as a hospital ethicist and from the public arena, where such controversial court cases as that of Baby M have sparked a multitude of disparate opinions on surrogacy, in vitro fertilization, and egg and sperm donor program.
Macklin's hypoethical tale centers on Bonnie and Larry, an infertile couple longing for a child. As the couple's quest to become parents begins, they discover that Bonnie is physically incapable of carrying a pregnancy to term. Desperate to explore their options, Bonnie and Larry attempt adoption but are rejected by the agency without explanation. Finally, they contemplate surrogacy as their last chance to have a child. Seeking advice and answers, they consult health professionals, lawyers, pastoral counselors, and a bioethicist. In the course of this complicated and often painful decision-making process, they attend meetings of a government task force on reproduction where they hear both radical and liberal feminist positions.
Their experiences with friends, family members, two surrogates, hospital ethics committees, and special interest groups underscore the difficulty of coming to a consensus on such issues as AIDS, the right to privacy, premenstrual syndrome, the violation of surrogate contracts, and the responsibilities of therapists and physicians to their patients and to the community at large.
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