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38 books about Sarat, Austin
38 books about Sarat, Austin
Catastrophe
Law, Politics, and the Humanitarian Impulse
Austin Sarat
University of Massachusetts Press, 2009
From 9/11 to Katrina, from Darfur to the Minnesota bridge collapse, ours is an "age of catastrophe." In this era, catastrophic events seem to have a revelatory quality: they offer powerful reminders of the fragility of our social and institutional architectures, making painfully evident vulnerabilities in our social organization that were otherwise invisible. By disrupting the operation of fundamental mechanisms and infrastructures of the social order, they lay bare the conditions that make our sense of normalcy possible.
At a time when societies are directing an unprecedented level of resources and ingenuity to anticipating and mitigating catastrophic events, Catastrophe: Law, Politics, and the Humanitarian Impulse examines the tests that catastrophe poses to politics and humanitarianism as well as to the law. It explores legal, political, and humanitarian responses during times when the sudden, discontinuous, and disastrous event has become, perhaps paradoxically, a structural component of our political imagination. It asks whether law, politics, and humanitarianism live up to the tests posed by disaster, and the role all of them play in creating a more resilient world.
Taken together the essays in this book ask us to see through and beyond the myths that surround catastrophe and our responses to it. They ask us to rethink our understanding of catastrophe and to imagine new legal, political, and humanitarian responses.
In addition to the editors, contributors include Thomas Birkland, Michele Landis Dauber, Kim Fortun, Edward Rackley, Peter Redfield, Peter H. Schuck, and Susan Sterett.
At a time when societies are directing an unprecedented level of resources and ingenuity to anticipating and mitigating catastrophic events, Catastrophe: Law, Politics, and the Humanitarian Impulse examines the tests that catastrophe poses to politics and humanitarianism as well as to the law. It explores legal, political, and humanitarian responses during times when the sudden, discontinuous, and disastrous event has become, perhaps paradoxically, a structural component of our political imagination. It asks whether law, politics, and humanitarianism live up to the tests posed by disaster, and the role all of them play in creating a more resilient world.
Taken together the essays in this book ask us to see through and beyond the myths that surround catastrophe and our responses to it. They ask us to rethink our understanding of catastrophe and to imagine new legal, political, and humanitarian responses.
In addition to the editors, contributors include Thomas Birkland, Michele Landis Dauber, Kim Fortun, Edward Rackley, Peter Redfield, Peter H. Schuck, and Susan Sterett.
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Criminals and Enemies
Austin Sarat
University of Massachusetts Press, 2019
Key binaries like public/private and speech/conduct are mainstays of the liberal legal system. However, the pairing of criminal/enemy has received little scholarly attention by comparison. Bringing together a group of distinguished and disciplinarily diverse scholars, Criminals and Enemies, the most recent volume in the Amherst Series in Law, Jurisprudence, and Social Thought, addresses this gap in the literature. Drawing on political philosophy, legal analysis, and historical research, this essential volume reveals just how central the criminal/enemy distinction is to the structure and practice of contemporary law.
The editors' introduction situates criminals and enemies in a theoretical context, focusing on the work of Thomas Hobbes and Carl Schmitt, while other essays consider topics ranging from Germany's denazification project to South Africa's pre- and post-apartheid legal regime to the complicating factors introduced by the war on terror. In addition to the editors, the contributors include Stephen Clingman, Jennifer Daskal, Sara Kendall, Devin Pendas, and Annette Weinke.
The editors' introduction situates criminals and enemies in a theoretical context, focusing on the work of Thomas Hobbes and Carl Schmitt, while other essays consider topics ranging from Germany's denazification project to South Africa's pre- and post-apartheid legal regime to the complicating factors introduced by the war on terror. In addition to the editors, the contributors include Stephen Clingman, Jennifer Daskal, Sara Kendall, Devin Pendas, and Annette Weinke.
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Crossing Boundaries
Traditions and Transformations in Law and Society Research
Austin Sarat
Northwestern University Press, 1998
Perhaps no idea is more emblematic of the field of law and society than crossing boundaries. From the founding of the Law and Society Association in the early 1960s, participating scholars aspired to create a field that crossed boundaries in at least two senses: by undertaking research that questioned and often bridged traditional methodological and disciplinary divisions, and by using nontraditional approaches to explore the interconnections between law and its social context. These essays reflect both aspirations.
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Cultural Pluralism, Identity Politics, and the Law
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 2001
We are witnessing in the last decade of the twentieth century more frequent demands by racial and ethnic groups for recognition of their distinctive histories and traditions as well as opportunities to develop and maintain the institutional infrastructure necessary to preserve them. Where it once seemed that the ideal of American citizenship was found in the promise of integration and in the hope that none of us would be singled out for, let alone judged by, our race or ethnicity, today integration, often taken to mean a denial of identity and history for subordinated racial, gender, sexual or ethnic groups, is often rejected, and new terms of inclusion are sought. The essays in Cultural Pluralism, Identity Politics, and the Law ask us to examine carefully the relation of cultural struggle and material transformation and law's role in both. Written by scholars from a variety of disciplines and theoretical inclinations, the essays challenge orthodox understandings of the nature of identity politics and contemporary debates about separatism and assimilation. They ask us to think seriously about the ways law has been, and is, implicated in these debates. The essays address questions such as the challenges posed for notions of legal justice and procedural fairness by cultural pluralism and identity politics, the role played by law in structuring the terms on which recognition, accommodation, and inclusion are accorded to groups in the United States, and how much of accepted notions of law are defined by an ideal of integration and assimilation.
The contributors are Elizabeth Clark, Lauren Berlant, Dorothy Roberts, Georg Lipsitz, and Kenneth Karst.
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Death Penalty in Decline?
The Fight against Capital Punishment in the Decades since Furman v. Georgia
Austin Sarat
Temple University Press, 2024
How have prospects for abolishing the death penalty changed since the 1972 Supreme Court decision, Furman v Georgia? The editor and contributors to Death Penalty in Decline? assess the contemporary death penalty landscape and look at the trends in and attitudes toward capital punishment and its abolition. They highlight factors that are propelling alternatives to the death penalty as well as the obstacles to ending it.
At a time when the United States is undertaking an unprecedented national reconsideration of the death penalty, Death Penalty in Decline? seeks to evaluate how abolitionists might succeed today.
Contributors: John Bessler, Corinna Barrett Lain, James R. Martel, Linda Ross Meyer, Carol S. Steiker, Jordan M. Steiker, and the editor
At a time when the United States is undertaking an unprecedented national reconsideration of the death penalty, Death Penalty in Decline? seeks to evaluate how abolitionists might succeed today.
Contributors: John Bessler, Corinna Barrett Lain, James R. Martel, Linda Ross Meyer, Carol S. Steiker, Jordan M. Steiker, and the editor
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Dissent in Dangerous Times
Austin Sarat, Editor
University of Michigan Press, 2004
Dissent in Dangerous Times presents essays by six distinguished scholars, who provide their own unique views on the interplay of loyalty, patriotism, and dissent.
While dissent has played a central role in our national history and in the American cultural imagination, it is usually dangerous to those who practice it, and always unpalatable to its targets. War does not encourage the tolerance of opposition at home any more than it does on the front: if the War on Terror is to be a permanent war, then the consequences for American political freedoms cannot be overestimated.
"Dissent in Dangerous Times examines the nature of political repression in liberal societies, and the political and legal implications of living in an environment of fear. This profound, incisive, at times even moving volume calls upon readers to think about, and beyond, September 11, reminding us of both the fragility and enduring power of freedom."
--Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School.
Contributors to this volume
Lauren Berlant
Wendy Brown
David Cole
Hugh Gusterson
Nancy L. Rosenblum
Austin Sarat
While dissent has played a central role in our national history and in the American cultural imagination, it is usually dangerous to those who practice it, and always unpalatable to its targets. War does not encourage the tolerance of opposition at home any more than it does on the front: if the War on Terror is to be a permanent war, then the consequences for American political freedoms cannot be overestimated.
"Dissent in Dangerous Times examines the nature of political repression in liberal societies, and the political and legal implications of living in an environment of fear. This profound, incisive, at times even moving volume calls upon readers to think about, and beyond, September 11, reminding us of both the fragility and enduring power of freedom."
--Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School.
Contributors to this volume
Lauren Berlant
Wendy Brown
David Cole
Hugh Gusterson
Nancy L. Rosenblum
Austin Sarat
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The Fate of Law
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 1993
For law and legal theory the end of the twentieth century is a time of contradiction; while the newly emerging politics of Eastern Europe seek to establish a new rule of law, voices in this country proclaim the "death of law." For the former, law provides hope for stability and fairness. For the latter, the fundamental values that provide a grounding for legality seem no longer secure or satisfying. The Fate of Law is a collection of five original essays, each of which discusses the problems and prospects of law in the late twentieth century. The essays pay particular attention to the impact of broad intellectual and political movements, especially feminism and postmodernism, on law and legal theory.
The Fate of Law investigates what happens under the critical scrutiny of those movements and in an era of growing skepticism about law's central claim to objectivity, neutrality, and reason. It describes the struggles that ensue and the responses that are made. Each of the essays that comprise this books is written in its own style and voice; each makes it own judgments and assessments.
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Guns in Law
Austin Sarat
University of Massachusetts Press, 2019
Weapons have been a source of political and legal debate for centuries. Aristotle considered the possession of arms a fundamental source of political power and wrote that tyrants “mistrust the people and deprive them of their arms.” Today ownership of weapons—whether handguns or military-grade assault weapons—poses more acute legal problems than ever before. In this volume, the editors' introduction traces the history of gun control in the United States, arguing that until the 1980s courts upheld reasonable gun control measures. The contributors confront urgent questions, among them the usefulness of history as a guide in ongoing struggles over gun regulation, the changing meaning of the Second Amendment, the perspective of law enforcement on guns and gun control law, and individual and relational perspectives on gun rights.
The contributors include the editors and Carl T. Bogus, Jennifer Carlson, Saul Cornell, Darrell A.H. Miller, Laura Beth Nielsen, and Katherine Shaw.
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History, Memory, and the Law
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 2002
The essays in this book examine law as an active participant in the process through which history is written and memory is constructed. Instead of seeing law as a "victim" of history, the writers treat law as an author of history, not just in the instrumental sense in which law can be said to make a difference in society, but in the ways that law constructs and uses history.
Law looks to the past as it speaks to present needs. In the production of judicial opinions--supposedly definitive statements of what the law is--judges reconstruct law's past, tracing out lines of legal precedent that arguably "compel" their decisions. These essays consider how law treats history, how history appears in legal decisions, and how the authority of history is used to authorize legal decisions.
Furthermore, law plays a role in the construction of memory. The writers here ask how law remembers and records the past as well as how it helps us to remember our past. Law in the modern era is one of the most important of our society's technologies for preserving memory. In helping to construct our memory in certain ways law participates in the writing of our collective history. It plays a crucial role in knitting together our past, present, and future.
The essays in this volume present grounded examinations of particular problems, places, and practices and address the ways in which memory works in and through law, the sites of remembrance that law provides, the battles against forgetting that are fought in and around those sites, and the resultant role law plays in constructing history. The writers also inquire about the way history is mobilized in legal decision making, the rhetorical techniques for marshalling and for overcoming precedent, and the different histories that are written in and through the legal process.
The contributors are Joan Dayan, Soshana Felman, Dominic La Capra, Reva Siegel, Brook Thomas, and G. Edward White.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Professor of Law, Jurisprudence, and Social Thought, Amherst College. He is past President of the Law and Society Association and current President of the Association for the Study of Law, Culture, and the Humanities. Thomas R. Kearns is William H. Hastie Professor of Philosophy and Professor of Law, Jurisprudence, and Social Thought, Amherst College.
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How Does Law Matter?
Fundamental Issues in Law And Society
Bryant G. Garth and Austin Sarat
Northwestern University Press, 1998
The question of how law matters has long been fundamental to the law and society field. Social science scholarship has repeatedly demonstrated that law matters less, or differently, than those who study only legal doctrine would have us believe. Yet research in this field depends on a belief in the relevance of law, no matter how often gaps are identified.
These essays show how law is relevant in both an "instrumental" and a "constitutive" sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.
These essays show how law is relevant in both an "instrumental" and a "constitutive" sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.
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Human Rights
Concepts, Contests, Contingencies
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 2002
Today the language of human rights, if not human rights themselves, is nearly universal. Human Rights brings together essays that attend to both the allure and criticism of human rights. They examine contestation and contingency in today's human rights politics and help us rethink some of the basic concepts of human rights. Questions addressed in Human Rights include: Can national self-determination be reconciled with human rights? Can human rights be advanced without thwarting efforts to develop indigenous legal traditions? How are the forces of modernization associated with globalization transforming our understanding of human dignity and personal autonomy? What does it mean to talk about culture and cultural choice? Is the protection of culture and cultural choice an important value in human rights discourse? How do human rights figure in local political contests and how are those contests, in turn, shaped by the spread of capitalism and market values? What contingencies shape the implementation of human rights in societies without a strong tradition of adherence to the rule of law? What are the conditions under which human rights claims are advanced and under which nations respond to their appeal?
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy and Professor of Law, Jurisprudence, and Social Thought, Amherst College.
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Identities, Politics, and Rights
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 1997
The subject of rights occupies a central place in liberal political thought. This tradition posits that rights are entitlements of individuals by virtue of their personhood and that rights stand apart from politics, that rights in fact hold at bay intrusions of state policy. The essays in Identities, Politics, and Rights question these assumptions and examine how rights constitute us as subjects and are, at the same time, implicated in political struggles. In contrast to the liberal notion of rights' universality, these essays emphasize the context-specific nature of rights as well as their constitutive effects.
Recognizing that political disputes throughout the world have increasingly been cast as arguments about rights, the essays in this volume examine the varied roles that rights play in political movements and contests. They argue that rights talk is used by many different groups primarily because of its fluidity. Certainly rights can empower individuals and protect them from their societies, but they also constrain them in other areas. Frequently, empowerment for one group means disabling rights for another group. Moreover, focusing on rights can both liberate and limit the imagination of the possible. By alerting us to this paradox of rights--empowerment and limitation--Identities, Politics, and Rights illuminates ongoing challenges to rights and reminds us that rights can both energize political engagement and provide a resource for defenders of the status quo.
Contributors are Richard Abel, Bruce Ackerman, Wendy Brown, John Comaroff, Drucilla Cornell, Jane Gaines, Thomas R. Kearns, Elizabeth Kiss, Kirstie McClure, Sally Merry, Martha Minow, Austin Sarat, and Steven Shiffrin.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
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Imagining Legality
Where Law Meets Popular Culture
Austin Sarat
University of Alabama Press, 2011
Imagining Legality: Where Law Meets Popular Culture is collection of essays on the relationship between law and popular culture that posits, in addition to the concepts of law in the books and law in action, a third concept of law in the image—that is, of law as it is perceived by the public through the lens of public media.
Imagining Legality argues that images of law suggested by television and film are as numerous as they are various, and that they give rise to a potent and pervasive imaginative life of the law. The media’s projections of the legal system remind us not only of the way law lives in our imagination but also of the contingencies of our own legal and social arrangements.
Contributors to Imagining Legality are less interested in the accuracy of the portrayals of law in film and television than in exploring the conditions of law’s representation, circulation, and consumption in those media. In the same way that legal scholars have taken on the disciplinary perspectives of history, economics, sociology, anthropology, and psychology in relation to the law, these writers bring historical, sociological, and cultural analysis, as well as legal theory, to aid in the understanding of law and popular culture.
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Justice and Injustice in Law and Legal Theory
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 1998
Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law.
Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law.
Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense.
The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science.
Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
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Knowing the Suffering of Others
Legal Perspectives on Pain and Its Meanings
Austin Sarat
University of Alabama Press, 2014
In Knowing the Suffering of Others, legal scholar Austin Sarat brings together essays that address suffering as it relates to the law, highlighting the ways law imagines suffering and how pain and suffering become jurisprudential facts.
From fetal imaging to end-of-life decisions, torts to international human rights, domestic violence to torture, and the law of war to victim impact statements, the law is awash in epistemological and ethical problems associated with knowing and imagining suffering. In each of these domains we might ask: How well do legal actors perceive and understand suffering in such varied domains of legal life? What problems of representation and interpretation bedevil efforts to grasp the suffering of others? What historical, political, literary, cultural, and/or theological resources can legal actors and citizens draw on to understand the suffering of others?
In Knowing the Suffering of Others, Austin Sarat presents legal scholarship that explores these questions and puts the problem of suffering at the center of thinking about law. The contributors to this volume do not regard pain and suffering as objective facts of a universe remote from law; rather they examine how both are discursively constructed in and by law. They examine how pain and suffering help construct and give meaning to the law as we know it. The authors attend to the various ways suffering appears in law as well as the different forms of suffering that require the law’s attention.
Throughout this book law is regarded as a domain in which the meanings of pain and suffering are contested, and constituted, as well as an instrument for inflicting suffering or for providing or refusing its relief. It challenges scholars, lawyers, students, and policymakers to ask how various legal actors and audiences understand the suffering of others.
Contributors
Montré D. Carodine / Cathy Caruth / Alan L. Durham / Bryan K.Fair / Steven H. Hobbs / Gregory C. Keating
/ Linda Ross Meyer / Meredith M. Render / Jeannie Suk / John Fabian Witt
From fetal imaging to end-of-life decisions, torts to international human rights, domestic violence to torture, and the law of war to victim impact statements, the law is awash in epistemological and ethical problems associated with knowing and imagining suffering. In each of these domains we might ask: How well do legal actors perceive and understand suffering in such varied domains of legal life? What problems of representation and interpretation bedevil efforts to grasp the suffering of others? What historical, political, literary, cultural, and/or theological resources can legal actors and citizens draw on to understand the suffering of others?
In Knowing the Suffering of Others, Austin Sarat presents legal scholarship that explores these questions and puts the problem of suffering at the center of thinking about law. The contributors to this volume do not regard pain and suffering as objective facts of a universe remote from law; rather they examine how both are discursively constructed in and by law. They examine how pain and suffering help construct and give meaning to the law as we know it. The authors attend to the various ways suffering appears in law as well as the different forms of suffering that require the law’s attention.
Throughout this book law is regarded as a domain in which the meanings of pain and suffering are contested, and constituted, as well as an instrument for inflicting suffering or for providing or refusing its relief. It challenges scholars, lawyers, students, and policymakers to ask how various legal actors and audiences understand the suffering of others.
Contributors
Montré D. Carodine / Cathy Caruth / Alan L. Durham / Bryan K.Fair / Steven H. Hobbs / Gregory C. Keating
/ Linda Ross Meyer / Meredith M. Render / Jeannie Suk / John Fabian Witt
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Law and Illiberalism
Edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey
University of Massachusetts Press, 2022
Does the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism—namely the rights of all individuals and constraints on state power—still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump’s administration, Viktor Orban’s Hungary, Recep Erdogan’s Turkey, and Jair Bolsanoro’s Brazil.
In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of “free speech”; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.
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Law and Mourning
Austin Sarat
University of Massachusetts Press, 2017
Law and Mourning brings together a distinguished group of scholars to explore the many and complex ways that law both regulates and gives meaning to our experience of loss. The essays in this volume illuminate how law helps us to absorb and contend with loss and its reverberations, channeling the powerful emotions associated with death and protecting those vulnerable to them. At the same time, law creates a regulatory framework for death as it establishes the necessity for a clear demarcation of the boundary between life and death, defines what we can and cannot do with the remains of the dead, and creates both privileges and disabilities for survivors. The contributors to the volume also explore how mourning generates critiques of existing legal and political orders which seem compelled by calls from the dead, unleashing an indifference to legal consequences in survivors that can undermine or destroy law.
In addition to the editors, the contributors include Andrea Brady, Catherine Kellogg, Shai Lavi, Ray Madoff, Ann Pelligrini, and Mark Sanders.
In addition to the editors, the contributors include Andrea Brady, Catherine Kellogg, Shai Lavi, Ray Madoff, Ann Pelligrini, and Mark Sanders.
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Law and Performance
Austin Sarat
University of Massachusetts Press, 2018
Drawing on the rich field of performance studies, this volume, the most recent contribution to the distinguished Amherst Series in Law, Jurisprudence, and Social Thought, offers fresh insights and a provocative mix of multidisciplinary topics and methodologies to explore the theatricality and performativity of law as more than a metaphor.
In considering law through the lens of performance studies, the contributors in this volume emphasize the embodied, affective, and reiterative qualities that move law off the printed page and into the thick world of lived experience. They consider the blurring of lines between performance and the enactment of law, the transformative exchanges between the law and its many and varied stagings, and the impact or resonance of performativity in situations where innocence and guilt may be determined. In addition to the editors, the contributors include Joshua Chambers-Letson, Catherine M. Cole, Ryan Hartigan, Lara D. Nielsen, Julie Stone Peters, Ann Pellegrini, and Karen Shimakawa.
In considering law through the lens of performance studies, the contributors in this volume emphasize the embodied, affective, and reiterative qualities that move law off the printed page and into the thick world of lived experience. They consider the blurring of lines between performance and the enactment of law, the transformative exchanges between the law and its many and varied stagings, and the impact or resonance of performativity in situations where innocence and guilt may be determined. In addition to the editors, the contributors include Joshua Chambers-Letson, Catherine M. Cole, Ryan Hartigan, Lara D. Nielsen, Julie Stone Peters, Ann Pellegrini, and Karen Shimakawa.
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Law and the Visible
Edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey
University of Massachusetts Press, 2021
If you take a video of police officers beating a Black man into unconsciousness, are you a witness or a bystander? If you livestream your friends dragging the body of an unconscious woman and talking about their plans to violate her, are you an accomplice? Do bodycams and video doorbells tell the truth? Are the ubiquitous technologies of visibility open to interpretation and manipulation? These are just a few of the questions explored in the rich and broadly interdisciplinary essays within this volume, Law and the Visible, the most recent offering in the Amherst Series for Law, Jurisprudence, and Social Thought.
Individual essays discuss the culpability of those who record violence, the history of racialized violence as it streams through police bodycams, the idea of digital images as objective or neutral, the logics of surveillance and transparency, and a defense of anonymity in the digital age.
Contributors include Benjamin J. Goold, Torin Monahan, Kelli Moore, Eden Osucha, Jennifer Peterson, and Carrie A. Rentschler.
Individual essays discuss the culpability of those who record violence, the history of racialized violence as it streams through police bodycams, the idea of digital images as objective or neutral, the logics of surveillance and transparency, and a defense of anonymity in the digital age.
Contributors include Benjamin J. Goold, Torin Monahan, Kelli Moore, Eden Osucha, Jennifer Peterson, and Carrie A. Rentschler.
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Law in Everyday Life
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 1995
"Sarat and Kearns . . . have edited a truly marvelous work on the impact of the law on daily life and vice versa. . . . the essays are all exemplary, thought- provoking works worthy of a long, contemplative read by scholars, lawyers, and judges alike." --Choice
"The subject of law in everyday life is timely in theory and in practice. The essays collected here are stimulating for the very different ways in which they reconfigure the meanings of 'the law' as cultural practice, and 'the everyday' as a cultural domain in which the state expresses a range of interests and engagements. Readers looking for an introduction to this topic will come away from the book with a clear sense of the varied voices and modes of inquiry now involved in sociolegal studies, and what distinguishes them. More experienced readers will appreciate the book's meticulous reconsideration of the instrumentalities, agencies, and constructedness of law." --Carol Greenhouse, Indiana University
Contributors include David Engel, Hendrik Hartog, Thomas R. Kearns, David Kennedy, Catharine MacKinnon, George Marcus, Austin Sarat, and Patricia Williams.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, and Chair of the Department of Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy and Professor of Law, Jurisprudence, and Social Thought, Amherst College.
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Law in the Domains of Culture
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 2000
The concept of culture is troublingly vague and, at the same time, hotly contested, and law's relations to culture are as complex, varied and disputed as the concept of culture itself. The concept of the traditional, unified, reified, civilizing idea of culture has come under attack. The growth of cultural studies has played an important role in redefining culture by including popular culture and questions of social stratification, power and social conflict.
Law and legal studies are relative latecomers to cultural studies. As scholars have come to see law as not something apart from culture and society, they have begun to explore the connections between law and culture. Focusing on the production, interpretation, consumption and circulation of legal meaning, these scholars suggest that law is inseparable from the interests, goals and understandings that deeply shape or compromise social life. Against this background, Law in the Domains of Culture brings the insights and approaches of cultural studies to law and tries to secure for law a place in cultural analysis. This book provides a sampling of significant theoretical issues in the cultural analysis of law and illustrates some of those issues in provocative examples of the genre. Law in the Domains of Culture is designed to encourage the still tentative efforts to forge a new interdisciplinary synthesis, cultural studies of law.
The contributors are Carol Clover, Rosemary Coombe, Marjorie Garber, Thomas R. Kearns, William Miller, Andrew Ross, Austin Sarat, and Martha Woodmansee.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
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Law's Madness
Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey, Editors
University of Michigan Press, 2006
Law and madness? Madness, it seems, exists outside the law and, in principle, society struggles to keep these slippery terms separate. From this perspective, madness appears to be law's foil, the chaos that escapes law's control and simultaneously justifies its existence. Law's Madness explores the gray area between the realms of reason and madness.
The distinguished contributors to Law's Madness propose a fascinating interdisciplinary approach to the instability and mutual permeability of law and madness. Their essays examine a variety of discursive forms—from the literary to the historical to the psychoanalytic—in which law is driven more by narrative than by reason. Their studies delineate the ways in which the law takes its definition in part from that which it excludes, suppresses, or excises from itself, illuminating the drive to enforce barriers between non-reason and legality, while simultaneously shedding new light on the constitutive force of the irrational in legal doctrine.
Law's Madness suggests that the tense and paradoxical relationship between law and madness is precisely what erects and sustains law. This provocative collection asks what must be forgotten in order to uphold the rule of law.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Lawrence Douglas is Associate Professor of Law, Jurisprudence, and Social Thought at Amherst College. Martha Merrill Umphrey is Associate Professor of Law, Jurisprudence, and Social Thought at Amherst College.
The distinguished contributors to Law's Madness propose a fascinating interdisciplinary approach to the instability and mutual permeability of law and madness. Their essays examine a variety of discursive forms—from the literary to the historical to the psychoanalytic—in which law is driven more by narrative than by reason. Their studies delineate the ways in which the law takes its definition in part from that which it excludes, suppresses, or excises from itself, illuminating the drive to enforce barriers between non-reason and legality, while simultaneously shedding new light on the constitutive force of the irrational in legal doctrine.
Law's Madness suggests that the tense and paradoxical relationship between law and madness is precisely what erects and sustains law. This provocative collection asks what must be forgotten in order to uphold the rule of law.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Lawrence Douglas is Associate Professor of Law, Jurisprudence, and Social Thought at Amherst College. Martha Merrill Umphrey is Associate Professor of Law, Jurisprudence, and Social Thought at Amherst College.
[more]
Law's Mistakes
Austin Sarat
University of Massachusetts Press, 2016
From false convictions to botched executions, from erroneous admission of evidence in a criminal trial to misunderstandings that arise in the process of creating contracts, law is awash in mistakes. These mistakes can be unintentional deviations from expected practices or the result of intentional actions that produce unintended negative consequences. They may become part of a process of response and correction or be accepted as an inevitable cost of action. Some mistakes are external to law itself, such as errors in an agreement made by two private parties. Others are made by legal actors in the course of their work; for example, a police officer's failing to obtain a search warrant when one was required.
The essays in Law's Mistakes explore the things that law recognizes as errors and the way it responds to them. They identify the jurisprudential and political perspectives that underlie different understandings of what is or is not a legal mistake, and examine the fraught, contested, and evolving relationship between law and error. And they offer templates for thinking about what mistakes can tell us about the aspirations and limits of law, and for understanding how our imagining of law is enabled and shaped by its juxtaposition to a condition labeled mistake.
In addition to the volume editors, contributors include Paul Schiff Berman, Sonali Chakravarti, Jody L. Medeira, Stewart Motha, Kunal Parker, and Jordan Steiker.
The essays in Law's Mistakes explore the things that law recognizes as errors and the way it responds to them. They identify the jurisprudential and political perspectives that underlie different understandings of what is or is not a legal mistake, and examine the fraught, contested, and evolving relationship between law and error. And they offer templates for thinking about what mistakes can tell us about the aspirations and limits of law, and for understanding how our imagining of law is enabled and shaped by its juxtaposition to a condition labeled mistake.
In addition to the volume editors, contributors include Paul Schiff Berman, Sonali Chakravarti, Jody L. Medeira, Stewart Motha, Kunal Parker, and Jordan Steiker.
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Law's Violence
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 1995
"In bringing together accomplished and thoughtful scholars of different disciplines, with a command of literature ranging from the legal to the literary, and in relating the works to the central arguments of the late Professor Robert Cover, Sarat and Kearns have created a first-rate up-to-date exposition of this important and complicated issue, namely, how to understand better the violence implicit and explicit in law."--Legal Studies Forum
The relationship between law and violence is made familiar to us in vivid pictures of police beating suspects, the large and growing prison population, and the tenacious attachment to capital punishment in the United States. Yet the link between law and violence and the ways that law manages to impose pain and death while remaining aloof and unstained are an unexplored mystery. Each essay in this volume considers the question of how violence done by and in the name of the law differs from illegal or extralegal violence--or, indeed, if they differ at all.
Each author draws on a distinctive disciplinary tradition-- literature, history, anthropology, philosophy, political science, or law. Yet each reminds us that law, constituted in response to the metaphorical violence of the state of nature, is itself a doer of literal violence.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
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Legal Rights
Historical and Philosophical Perspectives
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 1997
The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts.
Legal Rights: Historical and Philosophical Perspectives shows that the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life.
Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
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Lives in the Law
Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey, Editors
University of Michigan Press, 2002
The essays look at the consequences that legal practice has on the lives of its practitioners as well as on the individual legal subject and on the shape of shared identities. These essays challenge liberal and communitarian notions of what it means to live the law.
In the first of the essays, Pnina Lahav presents a study of the Chicago Seven Trial to paint a picture of the law's power to serve as a site for the definition of a collective group identity. In contrast, Sarah Gordon focuses on the experience of an individual legal subject, namely, the defendant in the Hester Vaughn trial, a notorious nineteenth-century case of infanticide. Frank Munger looks at how law constructs the identity of women and explores the strategies by which poor women resist the law's construction of their dependency. In the fourth essay, Vicki Schultz offers a moral vision of equality that straddles the liberal and communitarian positions with her articulation of the concept of a "life's work." Lastly, Annette Wieviorka examines the recent trial of Maurice Papon for complicity in crimes against humanity to reveal how the very identity of a nation--in this case, France--can be defined through juridical and legal acts.
Austin Sarat is William Nelson Cromell Professor of Jurisprudence and Political Science and Professor of Law, Jurisprudence and Social Thought, Amherst College. Lawrence Douglas is Associate Professor of Law, Jurisprudence and Social Thought, Amherst College. Martha Umphrey is Assistant Professor of Law, Jurisprudence and Social Thought, Amherst College.
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Narrative, Violence, and the Law
The Essays of Robert Cover
Martha Minow, Michael Ryan, and Austin Sarat, Editors
University of Michigan Press, 1995
"Bob Cover was and remains the dominant voice of his generation among legal scholars. These essays, each one magnificent in itself, are, when taken together, even more important. The wisdom they impart is forever." --Guido Calabresi, Dean and Sterling Professor of Law, Yale University
"Robert Cover drew his sources for the authority of law--for its violence, but also for its paideic potential--from the structuring stories that spark our communal imaginations. Literally until the day of his untimely death, his irreplaceably restless spirit was binding itself with the pages of the Midrash, of The Brothers Karamazov, of Billy Budd, Sailor. It is for us now to work also with these--Bob Cover's stories."--Richard Weisberg, Benjamin N. Cardozo Law School, Yeshiva University
"The writings of Robert Cover were usually provocative, sometimes exasperating, but always relevant. In his last years, he concentrated on Jewish sources as well as mystical and Messianic thought. This collection of his articles is a thesaurus of some of his finest writings."--Robert F. Drinan, S.J., Georgetown University Law Center
The late Robert Cover was Professor of Law, Yale Law School. Martha Minow is Professor of Law, Harvard Law School. Michael Ryan is Professor of English, Northeastern University. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College.
"Robert Cover drew his sources for the authority of law--for its violence, but also for its paideic potential--from the structuring stories that spark our communal imaginations. Literally until the day of his untimely death, his irreplaceably restless spirit was binding itself with the pages of the Midrash, of The Brothers Karamazov, of Billy Budd, Sailor. It is for us now to work also with these--Bob Cover's stories."--Richard Weisberg, Benjamin N. Cardozo Law School, Yeshiva University
"The writings of Robert Cover were usually provocative, sometimes exasperating, but always relevant. In his last years, he concentrated on Jewish sources as well as mystical and Messianic thought. This collection of his articles is a thesaurus of some of his finest writings."--Robert F. Drinan, S.J., Georgetown University Law Center
The late Robert Cover was Professor of Law, Yale Law School. Martha Minow is Professor of Law, Harvard Law School. Michael Ryan is Professor of English, Northeastern University. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College.
[more]
Pain, Death, and the Law
Austin Sarat, Editor
University of Michigan Press, 2001
This collection of essays examines the relationship between pain, death, and the law and addresses the question of how the law constructs pain and death as jurisprudential facts. The empirical focus of these essays enables the reader to delve into both the history and the theoretical complexities of the pain-death-law relationship. The combination of the theoretical and the empirical broadens the contribution this volume will undoubtedly make to debates in which the right to live or die is the core issue at hand.
This volume will be an important read for policy makers and legal practitioners and a valuable text for courses in law, the social sciences, and the humanities.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College.
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Performances of Violence
Austin Sarat
University of Massachusetts Press, 2011
From acts of terrorism to war, from arson to capital punishment, from sadism to torture, performances of violence are all around us. Sometimes they grab headlines and rivet our attention, sometimes they are barely noticed, constituting part of our taken-for-granted world. Yet whether dramatic or barely noticed, violence seems everywhere to be on the rise. The essays in this volume explore the relationship between selfhood, agency, and violence, focusing on the psychic life of violence and its expression in the performances of particular individuals. At the same time, they look more closely at the way political contexts and ideologies shape both particular performances of violence and the way they are understood. By drawing on the expertise of scholars in a variety of fields—anthropology, history, political theory, law, and social thought—this book seeks to expose some of the subterranean cross currents of the cultural lives of violence and, in so doing, to reveal their connections. In addition to the editors, contributors include criminal justice scholar Mary Welek Atwell, anthropologist Veena Das, historian Ruth Miller, political scientist Anne Norton, political scientist Corey Robin, and historian Paul Steege.
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The Place of Law
Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey, Editors
University of Michigan Press, 2003
It has long been standard practice in legal studies to identify the place of law within the social order. And yet, as The Place of Law suggests, the meaning of the concept of "the place of law" is not self-evident.
This book helps us see how the law defines territory and attempts to keep things in place; it shows how law can be, and is, used to create particular kinds of places -- differentiating, for example, individual property from public land. And it looks at place as a metaphor that organizes the way we see the world. This important new book urges us to ask about the usefulness of metaphors of place in the design of legal regulation.
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The Policy Dilemma
Federal Crime Policy and the Law Enforcement Assistance Administration, 1968-1978
Malcolm Feeley
University of Minnesota Press, 1981
The Policy Dilemma was first published in 1981.What can and should the federal government do to solve complex social problems? Malcolm M. Feeley and Austin D. Sarat address this question in the context of one important issue, the problem of crime. They examine a major federal program, the Law Enforcement Assistance Administration, and show how its operation is shaped and reflects what they call the “policy dilemma.” In response to the public’s demands, the government tries to do too much and promises more than it can deliver. While The Policy Dilemma is first of all a study of the federal government’s attempts to reform and improve criminal justice, it also examines broader issues of public policy making. The problems faced by the LEAA in crime control are shared by all governmental attempts to attack large, insufficiently defined social problems.The authors base their conclusions on extensive interviews with federal, state, and local officials responsible for implementing the Safe Streets Act, including members of ten state planning agencies. In conclusion, Feeley and Sarat summarize the problems of the Safe Streets Act and review congressional attempts at revision and reorganization. They argue that those attempts will only prolong the policy dilemma. The failure of the LEAA, they suggest, is not just a failure of administration but of concept and political theory.
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The Punitive Imagination
Law, Justice, and Responsibility
Austin Sarat
University of Alabama Press, 2014
Presents a thought-provoking collection of five essays that explore the purposes and meanings of legal punishment in the United States, both culturally and socially
From the Gospel of Matthew to numerous US Supreme Court justices, many literary and legal sources have observed that how a society metes out punishment reveals core truths about its character. The Punitive Imagination is a collection of essays that engages and contributes to debates about the purposes and meanings of punishment in the United States.
The Punitive Imagination examines some of the critical assumptions that frame America's approach to punishment. It explores questions such as:
· What is the place of concern for human dignity in our prevailing ideologies of punishment?
· Can we justly punish the socially disadvantaged?
· What assumptions about persons, social institutions, and the ordering of social space provide the basis for American punitiveness?
· Who, if anyone, can be held responsible for excessively punitive criminal sentences?
· How does punishment depend on prevailing views of free will, responsibility, desert, blameworthiness?
· Where/how are those views subject to challenge in our punitive practices?
As Sarat posits in his introduction, the way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, its understandings of mercy and forgiveness, and its particular ways of responding to evil. He goes on to discuss the history of punishment in the United States and what it reveals about assumptions made about persons that “undergird” the American system of punishment.
The five additional contributors to The Punitive Imagination seek to illuminate what American practices of punishment tell us about who we are as a nation. Synthesizing cultural, sociological, philosophical, and legal perspectives, they offer a distinctive take on the meaning of punishment in America.
From the Gospel of Matthew to numerous US Supreme Court justices, many literary and legal sources have observed that how a society metes out punishment reveals core truths about its character. The Punitive Imagination is a collection of essays that engages and contributes to debates about the purposes and meanings of punishment in the United States.
The Punitive Imagination examines some of the critical assumptions that frame America's approach to punishment. It explores questions such as:
· What is the place of concern for human dignity in our prevailing ideologies of punishment?
· Can we justly punish the socially disadvantaged?
· What assumptions about persons, social institutions, and the ordering of social space provide the basis for American punitiveness?
· Who, if anyone, can be held responsible for excessively punitive criminal sentences?
· How does punishment depend on prevailing views of free will, responsibility, desert, blameworthiness?
· Where/how are those views subject to challenge in our punitive practices?
As Sarat posits in his introduction, the way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, its understandings of mercy and forgiveness, and its particular ways of responding to evil. He goes on to discuss the history of punishment in the United States and what it reveals about assumptions made about persons that “undergird” the American system of punishment.
The five additional contributors to The Punitive Imagination seek to illuminate what American practices of punishment tell us about who we are as a nation. Synthesizing cultural, sociological, philosophical, and legal perspectives, they offer a distinctive take on the meaning of punishment in America.
[more]
Reimagining "To Kill a Mockingbird"
Family, Community, and the Possibility of Equal Justice under Law
Austin Sarat
University of Massachusetts Press, 2013
Fifty years after the release of the film version of Harper Lee's acclaimed novel To Kill a Mockingbird, this collection of original essays takes a fresh look at a classic text in legal scholarship. The contributors revisit and examine Atticus, Scout, and Jem Finch, their community, and the events that occur there through the interdisciplinary lens of law and humanities scholarship.
The readings in this volume peel back the film's visual representation of the many-layered social world of Maycomb, Alabama, offering sometimes counterintuitive insights through the prism of a number of provocative contemporary theoretical and interpretive questions. What, they ask, is the relationship between the subversion of social norms and the doing of justice or injustice? Through what narrative and visual devices are some social hierarchies destabilized while others remain hegemonic? How should we understand the sacrifices characters make in the name of justice, and comprehend their failures in achieving it?
Asking such questions casts light on the film's eccentricities and internal contradictions and suggests the possibility of new interpretations of a culturally iconic text. The book examines the context that gave meaning to the film's representation of race and how debates about family, community, and race are played out and reframed in law.
Contributors include Colin Dayan, Thomas L. Dumm, Susan Sage Heinzelman, Linda Ross Meyer, Naomi Mezey, Imani Perry, and Ravit Reichman.
The readings in this volume peel back the film's visual representation of the many-layered social world of Maycomb, Alabama, offering sometimes counterintuitive insights through the prism of a number of provocative contemporary theoretical and interpretive questions. What, they ask, is the relationship between the subversion of social norms and the doing of justice or injustice? Through what narrative and visual devices are some social hierarchies destabilized while others remain hegemonic? How should we understand the sacrifices characters make in the name of justice, and comprehend their failures in achieving it?
Asking such questions casts light on the film's eccentricities and internal contradictions and suggests the possibility of new interpretations of a culturally iconic text. The book examines the context that gave meaning to the film's representation of race and how debates about family, community, and race are played out and reframed in law.
Contributors include Colin Dayan, Thomas L. Dumm, Susan Sage Heinzelman, Linda Ross Meyer, Naomi Mezey, Imani Perry, and Ravit Reichman.
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The Rhetoric of Law
Austin Sarat and Thomas R. Kearns, Editors
University of Michigan Press, 1996
Law is a profession of words. Simultaneously celebratory of great prose and dogmatically insistent on precise usage, law is a stage for verbal virtuosity, linguistic mastery, and persuasive argument. Yet the linguistic display is not without substance: the words of law take on a seriousness virtually unparalleled in any other domain of human experience. The Rhetoric of Law examines the words used in legal institutions and proceedings and explores both the literary aspect of legal life and the role of rhetoric in shaping the life of the law.
The essays in The Rhetoric of Law reflect the diverse influences of literary theory, feminism, and interpretive social science. Yet all call into question the rigid separation of rhetoric and justice that has been characteristic of the philosophical inquiry as far back as Plato. As a result, they open the way for a new understanding of law--an understanding that takes language to be neither esoteric nor frivolous and that views rhetoric as essential to the pursuit of justice. This volume provides a bracing reminder of the possibilities and problems of law, of its capacity to engage the best of human character, and of its vulnerability to cynical manipulation. Contributors are Lawrence Douglas, Robert A. Ferguson, Peter Goodrich, Barbara Johnson, Thomas R. Kearns, Austin Sarat, Adam Thurschwell, James Boyd White, and Lucie White.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
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Social Science, Social Policy, and the Law
Patricia Ewick
Russell Sage Foundation, 1999
Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.
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Transitions
Legal Change, Legal Meanings
Austin Sarat
University of Alabama Press, 2012
Transitions: Legal Change, Legal Meanings illustrates the various intersections, crises, and shifts that continually occur within the law, and how these moments of change interact with and comment on contemporary society.
Together the essays in this volume investigate the transformation of US law during moments of political change and explore what we can learn about law by examining its role and its use in times of transition. Whether by an abrupt shift in regime or an orderly progression from one government to the next, political change often calls into question the stability and versatility of the law, making it appear temporarily absent or in suspension. What challenges to the law arise at these times? To what extent do transitional periods foster ingenuity and resourcefulness, and how might they precipitate crises in legal authority? What do moments of legal change mean for law itself and how legal institutions bring about and respond to times of transition in legal arrangements? Transitions begins the scholarly exploration of these questions that have largely been neglected.
Contributors
Akhil Reed Amar / William L. Andreen /
Jack M. Beermann / Heather Elliott / Joshua
Alexander Geltzer / David Gray / Paul
Horwitz / Daniel H. Joyner / Nina
Mendelson / Meredith Render / Austin
Sarat / Ruti Teitel / Lindsey Ohlsson Worth
Akhil Reed Amar / William L. Andreen /
Jack M. Beermann / Heather Elliott / Joshua
Alexander Geltzer / David Gray / Paul
Horwitz / Daniel H. Joyner / Nina
Mendelson / Meredith Render / Austin
Sarat / Ruti Teitel / Lindsey Ohlsson Worth
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Trial Films on Trial
Law, Justice, and Popular Culture
Edited by Austin Sarat, Jessica Silbey, and Martha Merrill Umphrey
University of Alabama Press, 2019
A collection of wide-ranging critical essays that examine how the judicial system is represented on screen
Historically, the emergence of the trial film genre coincided with the development of motion pictures. In fact, one of the very first feature-length films, Falsely Accused!, released in 1908, was a courtroom drama. Since then, this niche genre has produced such critically acclaimed films as Twelve Angry Men, To Kill a Mockingbird, and Anatomy of a Murder. The popularity and success of these films can be attributed to the fundamental similarities of filmic narratives and trial proceedings. Both seek to construct a “reality” through storytelling and representation and in so doing persuade the audience or jury to believe what they see.
Trial Films on Trial: Law, Justice, and Popular Culture is the first book to focus exclusively on the special significance of trial films for both film and legal studies. The contributors to this volume offer a contemporary approach to the trial film genre. Despite the fact that the medium of film is one of the most pervasive means by which many citizens receive come to know the justice system, these trial films are rarely analyzed and critiqued. The chapters cover a variety of topics, such as how and why film audiences adopt the role of the jury, the narrative and visual conventions employed by directors, and the ways mid-to-late-twentieth-century trial films offered insights into the events of that period.
Historically, the emergence of the trial film genre coincided with the development of motion pictures. In fact, one of the very first feature-length films, Falsely Accused!, released in 1908, was a courtroom drama. Since then, this niche genre has produced such critically acclaimed films as Twelve Angry Men, To Kill a Mockingbird, and Anatomy of a Murder. The popularity and success of these films can be attributed to the fundamental similarities of filmic narratives and trial proceedings. Both seek to construct a “reality” through storytelling and representation and in so doing persuade the audience or jury to believe what they see.
Trial Films on Trial: Law, Justice, and Popular Culture is the first book to focus exclusively on the special significance of trial films for both film and legal studies. The contributors to this volume offer a contemporary approach to the trial film genre. Despite the fact that the medium of film is one of the most pervasive means by which many citizens receive come to know the justice system, these trial films are rarely analyzed and critiqued. The chapters cover a variety of topics, such as how and why film audiences adopt the role of the jury, the narrative and visual conventions employed by directors, and the ways mid-to-late-twentieth-century trial films offered insights into the events of that period.
[more]
Who Deserves to Die?
Constructing the Executable Subject
Austin Sarat
University of Massachusetts Press, 2011
How do we select those who will be subject to capital punishment? How do we identify the worst of the worst and decide who among them can and should be executed? Today these questions are more pressing than they have ever been. As the number of people sentenced to death and executed declines in the United States, those who are executed stand out as distinctive kinds of criminals, distinctive kinds of people. Does a death sentence affirm or deny their humanity? Is such a sentence an act of revenge or a carefully calculated act of justice?
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.
[more]
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