1917 books match the query 'Law' and 143 start with l

cover of LITIGATION AS LOBBYING: REPRODUCTIVE HAZARDS & INTEREST AGGREGATION

LITIGATION AS LOBBYING

REPRODUCTIVE HAZARDS & INTEREST AGGREGATION

JULIANNA S. GONEN

The Ohio State University Press, 2003

This book is a case study that shows how interest groups use the litigation process to further their policy agendas. The case detailed here revolves around issues of reproductive health. It is a good illustration of the commonly held view among judicial scholars that the judicial process is essentially the same as the political process, that in both cases there is room for influence from a variety of sources.
[more]
cover of Labor Justice across the Americas

Labor Justice across the Americas

Leon Fink, Juan Palacio

University of Illinois Press, 2018

Opinions of specialized labor courts differ, but labor justice undoubtedly represented a decisive moment in worker 's history. When and how did these courts take shape? Why did their originators consider them necessary? Leon Fink and Juan Manuel Palacio present essays that address these essential questions. Ranging from Canada and the United States to Chile and Argentina, the authors search for common factors in the appearance of labor courts while recognizing the specific character of the creative process in each nation. Their transnational and comparative approach advances a global perspective on the various mechanisms for regulating industrial relations and resolving labor conflicts. The result is the first country-by-country study of its kind, one that addresses a defining shift in law in the first half of the twentieth century. Contributors: Rossana Barragán Romano, Angela de Castro Gomes, David Díaz-Arias, Leon Fink, Frank Luce, Diego Ortúzar, Germán Palacio, Juan Manuel Palacio, William Suarez-Potts, Fernando Teixeira da Silva, Victor Uribe-Urán, Angela Vergara, and Ronny J. Viales-Hurtado.
[more]
cover of Landmarked: Land Claims and Land Restitution in South Africa

Landmarked

Land Claims and Land Restitution in South Africa

Cherryl Walker

Ohio University Press, 2008

The year 2008 is the deadline set by President Mbeki for the finalization of all land claims by people who were dispossessed under the apartheid and previous white governments. Although most experts agree this is an impossible deadline, it does provide a significant political moment for reflection on the ANC government’s program of land restitution since the end of apartheid.

Land reform (and land restitution within that) remains a highly charged issue in South Africa, one that deserves more in–depth analysis. Drawing on her experience as Rural Land Claims Commissioner in KwaZulu–Natal from 1995 to 2000, Professor Cherryl Walker provides a multilayered account of land reform in South Africa, one that covers general critical commentary, detailed case material, and personal narrative. She explores the master narrative of loss and restoration, which has been fundamental in shaping the restitution program; offers a critical overview of the achievements of the program as a whole; and discusses what she calls the “non–programmatic limits to land reform,” including urbanization, environmental constraints and the impact of HIV/AIDS.

[more]
cover of Landscapes of the Secular: Law, Religion, and American Sacred Space

Landscapes of the Secular

Law, Religion, and American Sacred Space

Nicolas Howe

University of Chicago Press, 2016

“What does it mean to see the American landscape in a secular way?” asks Nicolas Howe at the outset of this innovative, ambitious, and wide-ranging book. It’s a surprising question because of what it implies: we usually aren’t seeing American landscapes through a non-religious lens, but rather as inflected by complicated, little-examined concepts of the sacred.
            Fusing geography, legal scholarship, and religion in a potent analysis, Howe shows how seemingly routine questions about how to look at a sunrise or a plateau or how to assess what a mountain is both physically and ideologically, lead to complex arguments about the nature of religious experience and its implications for our lives as citizens. In American society—nominally secular but committed to permitting a diversity of religious beliefs and expressions—such questions become all the more fraught and can lead to difficult, often unsatisfying compromises regarding how to interpret and inhabit our public lands and spaces. A serious commitment to secularism, Howe shows, forces us to confront the profound challenges of true religious diversity in ways that often will have their ultimate expression in our built environment. This provocative exploration of some of the fundamental aspects of American life will help us see the land, law, and society anew.
[more]
cover of Language and the Law in Deaf Communities

Language and the Law in Deaf Communities

Ceil Lucas

Gallaudet University Press, 2003

The ninth volume in the Sociolinguistics in Deaf Communities series focuses on forensic linguistics, a field created by noted linguist Roger Shuy, who begins the collection with an introduction of the issue of language problems experienced by minorities in legal settings. Attorney and linguist Rob Hoopes follows by showing how deaf people who use American Sign Language (ASL) are at a distinct disadvantage in legal situations, such as police interrogations, where only the feeblest of efforts are made to ensure that deaf suspects understand their constitutional rights. Susan Mather, an associate professor of linguistics and interpretation, and Robert Mather, a federal disability rights attorney, examine the use of interpreters for deaf jurors during trials. They reveal the courts' gross misunderstandings of the important differences between ASL and Signed English. Sara S. Geer, an attorney at the National Association of the Deaf for 20 years, explains how the difficulty in understanding legal terminology in federal law is compounded for deaf people in every ordinary act, including applying for credit cards and filling out medical consent forms. Language and the Law in Deaf Communities concludes with a chapter by George Castelle, Chief Public Defender in Charleston, West Virginia. Although he has no special knowledge about the legal problems of deaf people, Castelle offers another perspective based upon his extensive experience in practicing and teaching law. Ceil Lucas is Professor of Linguistics in the Department of Linguistics and Interpretation at Gallaudet University. ISBN 1-56368-143-9, 6 x 9 casebound, 200 pages, tables, references, index
[more]
cover of Language of the Gun: Youth, Crime, and Public Policy

Language of the Gun

Youth, Crime, and Public Policy

Bernard E. Harcourt

University of Chicago Press, 2006

Legal and public policies concerning youth gun violence tend to rely heavily on crime reports, survey data, and statistical methods. Rarely is attention given to the young voices belonging to those who carry high-powered semiautomatic handguns. In Language of the Gun, Bernard E. Harcourt recounts in-depth interviews with youths detained at an all-malecorrectional facility, exploring how they talk about guns and what meanings they ascribe to them in a broader attempt to understand some of the assumptions implicit in current handgun policies. In the process, Harcourt redraws the relationships among empirical research, law, and public policy.

Home to over 150 repeat offenders ranging in age from twelve to seventeen, the Catalina Mountain School is made up of a particular stratum of boys—those who have committed the most offenses but will still be released upon reaching adulthood. In an effort to understand the symbolic and emotional language of guns and gun carrying, Harcourt interviewed dozens of these incarcerated Catalina boys. What do these youths see in guns? What draws them to handguns? Why do some of them carry and others not? For Harcourt, their often surprising answers unveil many of the presuppositions that influence our laws and policies.
[more]
cover of Language: A Right and a Resource: Approaches to Linguistic Human Rights

Language

A Right and a Resource: Approaches to Linguistic Human Rights

Tibor Várady

Central European University Press, 2000

Linguistic Human Rights (LHR) is a fast growing new area of study combining the principles of national and international law with the study of language as a central dimension of ethnicity. Implementation of these principles is aimed at ensuring that no state or society violates these basic rights.

This path breaking study broadens our knowledge of the important role of language in minority rights and in social and political struggles for LHRs. Exploring the interactions of linguistic diversity, biodiversity, the free market and human rights, the contributors present case studies to highlight such issues as Kurdish satellite TV attempting to create a virtual state on the air through trying to achieve basic LHR’s for Kurds in Turkey; the implementation of LHRs in the Baltic states; language rights activism in Canada; the spread of English as an international language; and the obstacles met in education by Roma and the Deaf in Hungary because of lack of appropriate LHRs.

Language: A Right and a Resource is a valuable multi-disciplinary text which can be used in a variety of different areas of study in the legal profession, linguistics, cultural and political studies.

[more]
cover of Last Resort: The Financial Crisis and the Future of Bailouts

Last Resort

The Financial Crisis and the Future of Bailouts

Eric A. Posner

University of Chicago Press, 2018

The bailouts during the recent financial crisis enraged the public. They felt unfair—and counterproductive: people who take risks must be allowed to fail. If we reward firms that make irresponsible investments, costing taxpayers billions of dollars, aren’t we encouraging them to continue to act irresponsibly, setting the stage for future crises? And beyond the ethics of it was the question of whether the government even had the authority to bail out failing firms like Bear Stearns and AIG.
           
The answer, according to Eric A. Posner, is no. The federal government freely and frequently violated the law with the bailouts—but it did so in the public interest. An understandable lack of sympathy toward Wall Street has obscured the fact that bailouts have happened throughout economic history and are unavoidable in any modern, market-based economy. And they’re actually good. Contrary to popular belief, the financial system cannot operate properly unless the government stands ready to bail out banks and other firms. During the recent crisis, Posner agues, the law didn’t give federal agencies sufficient power to rescue the financial system. The legal constraints were damaging, but harm was limited because the agencies—with a few exceptions—violated or improvised elaborate evasions of the law. Yet the agencies also abused their power. If illegal actions were what it took to advance the public interest, Posner argues, we ought to change the law, but we need to do so in a way that also prevents agencies from misusing their authority. In the aftermath of the crisis, confusion about what agencies did do, should have done, and were allowed to do, has prevented a clear and realistic assessment and may hamper our response to future crises.

Taking up the common objections raised by both right and left, Posner argues that future bailouts will occur. Acknowledging that inevitability, we can and must look ahead and carefully assess our policy options before we need them.
[more]
cover of Latin American Law: A History of Private Law and Institutions in Spanish America

Latin American Law

A History of Private Law and Institutions in Spanish America

By M. C. Mirow

University of Texas Press, 2004

Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study.

This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.

[more]
cover of Latinos and American Law: Landmark Supreme Court Cases

Latinos and American Law

Landmark Supreme Court Cases

By Carlos R. Soltero

University of Texas Press, 2006

To achieve justice and equal protection under the law, Latinos have turned to the U.S. court system to assert and defend their rights. Some of these cases have reached the United States Supreme Court, whose rulings over more than a century have both expanded and restricted the legal rights of Latinos, creating a complex terrain of power relations between the U.S. government and the country's now-largest ethnic minority. To map this legal landscape, Latinos and American Law examines fourteen landmark Supreme Court cases that have significantly affected Latino rights, from Botiller v. Dominguez in 1889 to Alexander v. Sandoval in 2001.

Carlos Soltero organizes his study chronologically, looking at one or more decisions handed down by the Fuller Court (1888-1910), the Taft Court (1921-1930), the Warren Court (1953-1969), the Burger Court (1969-1986), and the Rehnquist Court (1986-2005). For each case, he opens with historical and legal background on the issues involved and then thoroughly discusses the opinion(s) rendered by the justices. He also offers an analysis of each decision's significance, as well as subsequent developments that have affected its impact. Through these case studies, Soltero demonstrates that in dealing with Latinos over issues such as education, the administration of criminal justice, voting rights, employment, and immigration, the Supreme Court has more often mirrored, rather than led, the attitudes and politics of the larger U.S. society.

[more]
cover of Law & Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Law & Capitalism

What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Curtis J. Milhaupt and Katharina Pistor

University of Chicago Press, 2008

Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth.
            Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
 
[more]
cover of Law And Order And School: Daily Life In Educ Program For Juv Delinq

Law And Order And School

Daily Life In Educ Program For Juv Delinq

Shira Birnbaum

Temple University Press, 2001

Locally acclaimed as one of the better programs of its kind in the region, "Academy" exemplifies a new kind of institution, providing transitional school services under contract with both educational and juvenile justice agencies. Birnbaum's narrative focuses on curriculum, teaching, behavior management, and the social organization and culture of the program, offering a close-up view of the everyday classroom interactions that frame student achievement and, ultimately, program outcomes. What do students learn? What do teachers teach? What educational and rehabilitative goals are embedded in official and unofficial policy? What processes inside and outside the building help or hinder the attainment of those goals?

As educational and justice agencies increasingly turn to private subcontractors to deliver an array of services and growing numbers of young people are channeled into non-traditional educational settings and correctional institutions, it is imperative that educators and the general public understand how these institutions work and what problems their students and staffs encounter. This on-the-ground examination of the education within the juvenile justice system will open your eyes to how we educate some of our neediest children.
[more]
cover of Law Beyond the State: Pasts and Futures

Law Beyond the State

Pasts and Futures

Edited by Rainer Hofmann and Stefan Kadelbach

Campus Verlag, 2016

Law beyond the State brings together contributions by renowned experts on international and European Union law to celebrate the centennial of Goethe‒Universität Frankfurt. The essays explore Frankfurt’s contribution to the development of international law; the historical development of international law; how this form of law can be used as a tool to improve the world and create a better future for all; the essential relevance of the spiritual dimension of legal orders, including the European Union, to ensuring their values will be taken seriously; and the possibility, offered by the Internet, for all persons concerned with global lawmaking to participate effectively in relevant decision-making processes.
[more]
cover of Law Collections from Mesopotamia and Asia Minor

Law Collections from Mesopotamia and Asia Minor

Martha T. Roth

SBL Press, 1997

The law collections presented in this volume are compilations, varying in legal and literary sophistication, recorded by scribes in the schools and the royal centers of ancient Mesopotamia and Asia Minor from the end of the third millennium through the middle of the first millennium BCE. Sumerian, Babylonian, Assyrian, and Hittite texts, with accompanying English translations, are included. Some of the collections, such as the famous Laws of Hammurabi, achieved a wide audience; others, such as the Laws about Rented Oxen, were scribal exercises limited to a local school center. All, however, reflected contemporary legal practice in the scribes’ recordings of contracts, administrative documents, and court cases and also provide historians with evidence of abstractions of legal rules from specific cases. In addition to the texts and translations, the volume includes a list of sources, bibliography, glossary, and numerous indexes.
[more]
cover of Law Stories

Law Stories

Gary Bellow and Martha Minow, Editors

University of Michigan Press, 1998

"War stories" is the phrase used by academic lawyers to disparage the ways practicing lawyers talk about their experiences. Gary Bellow and Martha Minow in Law Stories have gathered a group of stories that explore the actual experiences of clients and lawyers in concrete legal contexts.
The essays in Law Stories are all first-person accounts of law problems and the way they were handled, written by lawyers involved in the problems. They offer the voice and insight of the self-reflective practitioner. As such they provide us with a dimension missing from many third-person accounts of cases, a layer of emotion and perspective on legal institutions experienced by people caught or working within them.
Focusing on cases arising in public interest practices, the stories deal with problems arising from child custody, parental rights in a Head Start program, the consequences of large corporate bankruptcy for the corporation's retirees, juvenile crime, unemployment benefits, the rights of a victim of crime, the rights of welfare recipients, and the rights of small shareholders. These stories raise a variety of questions, including the nature and extent of the lawyer's role, the way the system listens to certain kinds of stories told in certain ways and refuses to hear other stories, how participation in the legal system affects the identity of those who are involved in it and how the popular image of law and legal processes differs from the reality depicted in these cases.
This book will appeal to both practitioners and teachers of law as well as social scientists interested in studying the role and place of law in the system.
The contributors include Anthony Alfieri, Gary Bellow, Lenora M. Lapidus, Alice and Staughton Lynd, Martha Minow, Nell Minow, Charles Ogletree, Abbe Smith, Lynne Weaver, and Lucie E. White.
"[Law Stories will] enlighten not only law students but the general and professional public who will find these accounts as compelling as any work of popular fiction. Unhappily, these accounts of law's inadequacy as a vehicle for social justice are not fictions. . . ." --Law and Politics Book Review
Gary Bellow and Martha Minow are Professors of Law, Harvard Law School.
[more]
cover of Law Touched Our Hearts: A Generation Remembers Brown v. Board of Education

Law Touched Our Hearts

A Generation Remembers Brown v. Board of Education

Mildred Wigfall Robinson

Vanderbilt University Press, 2008

In February 1954, President Eisenhower invited Chief Justice Warren to dinner at the White House. Among the guests were well-known opponents of school desegregation. During that evening, Eisenhower commented to Warren that "law and force cannot change a man's heart." Three months later, however, the Supreme Court handed down its unanimous decision in Brown, and the contributors to this book, like people across the country, were profoundly changed by it, even though many saw almost nothing change in their communities.

What Brown did was to elevate race from the country's dirty secret to its most urgent topic of conversation. This book stands alone in presenting, in one source, stories of black and white Americans, men and women, from all parts of the nation, who were public school students during the years immediately after Brown. All shared an epiphany. Some became aware of race and the burden of racial separation. Others dared to hope that the yoke of racial oppression would at last be lifted.

The editors surveyed 4750 law professors born between 1936 and 1954, received 1000 responses, and derived these forty essays from those willing to write personal accounts of their childhood experiences in the classroom and in their communities. Their moving stories of how Brown affected them say much about race relations then and now. They also provide a picture of how social change can shape the careers of an entire generation in one profession.

Contributors provide accounts from across the nation. Represented are
-de jure states, those segregated by law at the time of Brown, including Alabama, Florida, Georgia, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, as well as the District of Columbia
-de facto states, those where segregation was illegal but a common practice, including California, Illinois, Kansas, Massachusetts, Missouri, New Jersey, New York, Ohio, Washington, and Wisconsin.

[more]
cover of Law Without Values: The Life, Work, and Legacy of Justice Holmes

Law Without Values

The Life, Work, and Legacy of Justice Holmes

Albert W. Alschuler

University of Chicago Press, 2000

In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted—that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."
[more]
cover of Law and Democracy in the Empire of Force

Law and Democracy in the Empire of Force

H. Jefferson Powell and James Boyd White, editors

University of Michigan Press, 2009

The authors of this book share a concern for the state of law and democracy in our country, which to many seems to have deteriorated badly. Deep changes are visible in a wide array of phenomena: judicial opinions, the teaching of law, legal practice, international relations, legal scholarship, congressional deliberations, and the culture of contemporary politics. In each of these intersections between law, culture, and politics, traditional expectations have been transformed in ways that pose a threat to the continued vitality and authority of law and democracy.
 
The authors analyze specific instances in which such a decline has occurred or is threatened, tracing them to "the empire of force," a phrase borrowed from Simone Weil. This French intellectual applied the term not only to the brute force used by police and soldiers but, more broadly, to the underlying ways of thinking, talking, and imagining that make that sort of force possible, including propaganda, unexamined ideology, sentimental clichés, and politics by buzzwords, all familiar cultural forms.
 
Based on the underlying crisis and its causes, the editors and authors of these essays agree that neither law nor democracy can survive where the empire of force dominates. Yet each manages to find a ground for hope in our legal and democratic culture.
 
H. Jefferson Powell is Frederic Cleaveland Professor of Law and Divinity at Duke University and has served in both the federal and state governments, as a deputy assistant attorney general and as principal deputy solicitor general in the U.S. Department of Justice and as special counsel to the attorney general of North Carolina. His latest book is Constitutional Conscience: The Moral Dimension of Judicial Decision.
 
James Boyd White is Hart Wright Professor of Law emeritus and Professor of English emeritus, at the University of Michigan. His latest book is Living Speech: Resisting the Empire of Force.

"An extraordinary collection of provocative, insightful, and inspiring essays on the future of law and democracy in the twenty-first century."
---Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law, University of Chicago

"These thoughtful essays diagnose democracy's perilous present, and---more importantly---they explore avenues to democracy's rescue through humanization of law."
---Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, UCLA

Contributors
Martin Böhmer, Universidad de San Andres, Buenos Aires, Argentina
M. Cathleen Kaveny, University of Notre Dame
Howard Lesnick, University of Pennsylvania
The Honorable John T. Noonan Jr., Ninth Circuit Court of Appeals
H. Jefferson Powell, Duke University
Jedediah Purdy, Duke University
Jed Rubenfeld, Yale University
A.W. Brian Simpson, University of Michigan
Barry Sullivan, Jenner and Block LLP, Chicago
Joseph Vining, University of Michigan
Robin West, Georgetown University
James Boyd White, University of Michigan

[more]
cover of Law and Disorder in the Postcolony

Law and Disorder in the Postcolony

Edited by Jean Comaroff and John L. Comaroff

University of Chicago Press, 2006

Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts. 

As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction.

[more]
cover of Law and Economic Policy in America: The Evolution of the Sherman Antitrust Act

Law and Economic Policy in America

The Evolution of the Sherman Antitrust Act

William Letwin

University of Chicago Press, 1981

William Letwin's thorough, carefully argued, and elegantly written work is the only book length study of the Sherman Antitrust Act, a law designed to shape the economic life of a large complex society through maintaining the "correct" level of competition in the economy. This is a superb history and complete analysis of the Act, from its English and American common law antecedents to the events that led to the first revisions of the Act in the form of the Clayton Antitrust and Federal Trade Commission Acts.
[more]
cover of Law and Economy in Planning

Law and Economy in Planning

By Walter Firey

University of Texas Press, 1965

From the beginnings of human association, social planning has been an accepted method for effecting improvements in community, regional, and national life. In Law and Economy in Planning, Walter Firey has made a start in the development of an intellectual framework that will give meaning to the craft of planning and establish a relationship between practice and first principles.

In this study he investigates basic elements of this framework existing in two normative orders: the state, in which a collectivity has the obligation to enforce obedience; and the market, in which the individual has the right to be rational. These normative orders, whose laws are formulated in the disciplines of jurisprudence and economics, have a common concern with the utilization of scarce means to given ends.

These orders, the state and the market, are formulated by the art of planning and have a common relationship to the natural order, which cannot be planned, but only predicted, and which is explained by the science of planning. To bridge the gap between the natural order and the normative order is the function of a philosophy of planning, for which an intellectual framework—of necessity interdisciplinary—is essential.

This study is the culmination of several years of research in the fields of planning and social theory. During the course of this research Firey came to appreciate more and more keenly the need for an interdisciplinary formulation of the planning process and, with this, the need for a philosophical foundation for interdisciplinary work. A year’s fellowship at the Center for Advanced Study in the Behavioral Sciences at Stanford gave him the opportunity to develop his ideas bearing on this subject and to put them in writing.

[more]
cover of Law and Employment: Lessons from Latin America and the Caribbean

Law and Employment

Lessons from Latin America and the Caribbean

Edited by James J. Heckman and Carmen Pages

University of Chicago Press, 2004

Law and Employment analyzes the effects of regulation and deregulation on Latin American labor markets and presents empirically grounded studies of the costs of regulation.

Numerous labor regulations that were introduced or reformed in Latin America in the past thirty years have had important economic consequences. Nobel Prize-winning economist James J. Heckman and Carmen Pagés document the behavior of firms attempting to stay in business and be competitive while facing the high costs of complying with these labor laws. They challenge the prevailing view that labor market regulations affect only the distribution of labor incomes and have little or no impact on efficiency or the performance of labor markets. Using new micro-evidence, this volume shows that labor regulations reduce labor market turnover rates and flexibility, promote inequality, and discriminate against marginal workers.

Along with in-depth studies of Colombia, Peru, Brazil, Argentina, Chile, Uruguay, Jamaica, and Trinidad, Law and Employment provides comparative analysis of Latin American economies against a range of European countries and the United States. The book breaks new ground by quantifying not only the cost of regulation in Latin America, the Caribbean, and in the OECD, but also the broader impact of this regulation.
[more]
cover of Law and Happiness

Law and Happiness

Edited by Eric A. Posner and Cass R. Sunstein

University of Chicago Press, 2010

Since the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of the good life. But it is only in recent years that the study of happiness—or “hedonics”—has developed into a formal field of inquiry, cutting across a broad range of disciplines and offering insights into a variety of crucial questions of law and public policy.

Law and Happiness
brings together the best and most influential thinkers in the field to explore the question of what makes up happiness—and what factors can be demonstrated to increase or decrease it. Martha Nussbaum offers an account of the way that hedonics can productively be applied to psychology, Cass R. Sunstein considers the unexpected relationship between happiness and health problems, Matthew Adler and Eric A. Posner view hedonics through the lens of cost-benefit analysis, David A. Weisbach considers the relationship between happiness and taxation, and Mark A. Cohen examines the role crime—and fear of crime—can play in people’s assessment of their happiness, and much more.

The result is a kaleidoscopic overview of this increasingly prominent field, offering surprising new perspectives and incisive analyses that will have profound implications on public policy.

[more]
cover of Law and Illiberalism

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.

[more]
cover of Law and Justice in the 1950s: Case Studies From a Neglected Decade

Law and Justice in the 1950s

Case Studies From a Neglected Decade

Edited by Fiona Cownie and Rosemary Auchmuty

University of London Press, 2026

Examines the social, political, and economic context of the 1950s to reveal the significance of the decade's legal developments.

The 1950s were a decade of considerable legal development in England and Wales, despite often being regarded as very conservative in contrast to the more radical 1960s and 1970s. This collection illustrates the breadth of those developments, providing a sociolegal perspective on a range of topics across criminal, property, family, commercial, environmental, and public law, as well as legal education.

Drawing on case studies from the Great London Smog in 1952, the treatment of women in the Wolfenden Report, divorce law reform, the takeover battle for the Savoy Hotel in 1953, law on the radio, and more, this book throws new light on current debates about the relationship between law and issues of justice, inclusion, and equality in different spheres of activity.

Written for historians and legal specialists alike, Law and Justice in the 1950s explores the stories behind the laws in this neglected decade. In revealing the historical context, arguments, and controversies raised at the time and the different perspectives of the parties involved, it offers a greater understanding of why we have the law we have now and of these issues as they continue to be played out in the early twenty-first century.
 
[more]
cover of Law and Kingship in Thailand During the Reign of King Chulalongkorn

Law and Kingship in Thailand During the Reign of King Chulalongkorn

David M. Engel

University of Michigan Press, 1975

This essay originated in an attempt to bring together the study of law and Thai history in a description of the transformation of Thailand during the late nineteenth and early twentieth centuries as seen from a legal point of view. The resulting work is based for the most part upon those royal enactments from 1873 to 1910 which seemed most crucially to affect the executive, legislative, and judicial functions of the king and the rights of private citizens. [ix]
[more]
cover of Law and Liberty in Early New England: Criminal Justice and Due Process, 1620-1692

Law and Liberty in Early New England

Criminal Justice and Due Process, 1620-1692

Edgar J. McManus

University of Massachusetts Press, 2009

The first comprehensive history of criminal law in early New England.
[more]
cover of Law and Liberty: Jesus, Paul, and the Newness of Christianity

Law and Liberty

Jesus, Paul, and the Newness of Christianity

Romano Penna

Catholic University of America Press, 2026

This newest volume in the CUA Press Verbum Domini series by the late Professor Romano Penna, represents a synthesis of Penna's thought, which often engaged with the question of Christian originality. The relationship between Law and liberty is a theme that effectively runs like a red thread through the “grand narrative” of the Bible. Law and liberty represent two values that mutually call forth one another and require thorough and nuanced reflection on multiple levels. The book offers a biblical-theological journey that enables the reader to grasp the central aspects of the Law-liberty dialectic and to focus on the uniqueness of the Christian message. Through engagement with the Greek and Jewish cultural backgrounds, Romano Penna demonstrates the richness of the Law understood as a gift from God and embraced as a commitment to responsible living—a commitment that presupposes the gift of a new kind of liberty and demands existential involvement. In the message of Jesus of Nazareth and in its Pauline reinterpretation, one perceives how the dialectic between Law and liberty reveals the “filial” condition of the Christian. It is precisely the ability to understand and synthesize the Law-liberty pairing that defines Christian conduct and its testimonial power. The originality of Christianity can be well summarized by the expression “free because children”. This phrase encapsulates an unprecedented vision and an extraordinary fecundity, much needed by humanity in our time.
[more]
cover of Law and Marxism: A General Theory

Law and Marxism

A General Theory

Evgeny Pashukanis

Pluto Press, 1987

[more]
cover of Law and Moral Action in World Politics

Law and Moral Action in World Politics

Cecelia Lynch

University of Minnesota Press, 2000

[more]
cover of Law and Mourning

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.
[more]
cover of Law and Order: Images, Meanings, Myths

Law and Order

Images, Meanings, Myths

Valverde, Mariana

Rutgers University Press, 2006

In living rooms across the country, Americans have fallen in love with law-related television programming. From primetime legal dramas such as Law and Order, The Guardian, CSI, JAG, and Judging Amy to a host of daytime courtroom spectacles including Judge Judy, People's Court, and Divorce Courtviewers are endlessly entertained by the practices of the criminal justice system.

But with television courtrooms appearing more like the studio of The Jerry Springer Show than institutions of justice, and with weekly dramas seamlessly blending cutting-edge forensic science with exaggerated fictions, it calls to question: just what is it about these shows that has the public so captivated? And, what effects do the images of crime and order presented through the media have on society's view of the actual legal and criminal justice systems?

In Law and Order: Images, Meanings, Myths, Mariana Valverde draws on examples from film, television, and newspapers to examine these questions and to demonstrate how popular culture is creating an unrealistic view of crime and crime control. Valverde argues that understanding the impact of media representations of courtrooms, police departments, prisons, and the people who populate them is essential to comprehending the reality of criminal justice.

Introducing a wealth of resources in social and cultural studies along with suggestions for classroom discussions and assignments, this book pushes the field of criminology in new and exciting theoretical directions. It is essential reading for students and scholars of criminal justice and law.

[more]
cover of Law and Performance

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.
[more]
cover of Law and Public Choice: A Critical Introduction

Law and Public Choice

A Critical Introduction

Philip P. Frickey and Daniel A. Farber

University of Chicago Press, 1991

In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making.

“Law and Public Choice is a most valuable contribution to the burgeoning literature. It
should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law
School
[more]
cover of Law and Religion in a Secular Age

Law and Religion in a Secular Age

Rafael Domingo

Catholic University of America Press, 2023

Law and Religion in a Secular Age seeks to restore the connection between spirituality and justice, religion and law, theology and jurisprudence, and natural law and positive law by building a new bridge suitable for pluralistic societies in the secular age. The author argues for a multidimensional view of reality that includes legal, political, moral, and spiritual dimensions of human nature and society. Each of these dimensions of life needs to recognize the existence, influence, and function of the others, which act as a filter or check on the excesses of each other. This multidimensionality of reality clarifies why no legal theory can fully account for law from the legal dimension alone, just as no moral theory makes perfect sense of morality from the moral dimension—and, for that matter, nothing in physics can fully interpret the physical dimension of reality. The premises of a legal system cannot be fully explained by the legal dimension alone because the fundamental conditions and qualities of justice, freedom, and dignity touch all the dimensions of reality in which the human person acts, including the moral and the spiritual, not just the legal. Building on this multidimensional theory of reality, the author explores the core differences and the essential interconnections between law, morality, religion, and spirituality and some of the legal implications of these connections. Rafael Domingo reminds readers of the vital role of religion in shaping the conceptual framework of Western legal systems, underscores the spirit of Christianity that inspired legal institutions, principles, and values, and recalls the contributions of specific Christian jurists as central figures for the development of justice in society. Law and Religion in a Secular Age aims to be a valuable antidote against the dominant legal positivism that has cornered public morality, the defiant secularism that has marginalized religion, and any other legal doctrine that diminishes the spiritual dimension of law and justice.
[more]
cover of Law and Transaction Costs in the Ancient Economy

Law and Transaction Costs in the Ancient Economy

Dennis P. Kehoe, David M. Ratzan, and Uri Yiftach, editors

University of Michigan Press, 2015

Transaction costs (TC) are the “friction” in an economic system, and their analysis is vital to understanding institutional design and economic performance. Law and Transaction Costs in the Ancient Economy is the first volume to collect specific studies from a transaction cost perspective. The volume offers models of this new way of looking at ancient evidence, and suggests ways in which traditional subject areas might inform problems in contemporary economics and legal studies.

After the editors’ methodological introduction, the contributors investigate the roles and effects of transaction costs in fourth-century Athens, Ptolemaic Egypt, the Roman Empire, and late antiquity, on the basis of legal texts, papyri, and inscriptions. Collected here are some of the leading voices on TC analysis in ancient history, as well as established scholars, including several who do not usually publish in English: Alain Bresson, Giuseppe Dari-Mattiacci, Rudolf Haensch, Dennis Kehoe, François Lerouxel, J. G. Manning, Brian Muhs, Josiah Ober, David M. Ratzan, Gerhard Thür, and Uri Yiftach.

This volume will speak to those who identify with traditional subject areas, like epigraphy or Greek law, and will also demonstrate the value of experimenting with this new way of looking at ancient evidence.
 
[more]
cover of Law and Wisdom in the Bible: David Daube's Gifford Lectures, Volume II

Law and Wisdom in the Bible

David Daube's Gifford Lectures, Volume II

David Daube

Templeton Press, 2010

"That over forty years after they were delivered these famous but unavailable Gifford Lectures should be published is occasion for celebration. Once again we hear Daube’s voice, patient and probing, as he turns over, tests, pushes fresh inquiries, and finds new insights. No man has had such a subtle sense of scriptural texts matched by such a supple sense of the practices and peculiarities of human beings engaged in the legal process. Law and Wisdom in the Bible is classic Daube." mdash;John T. Noonan Jr., United States Circuit Judge

David Daube (1909–99) was known for his unique and sophisticated research on Roman law, biblical law, Jewish Law, and medical ethics. In Law and Wisdom in the Bible, the first published collection of his 1964 Gifford Lectures, Daube derives from his complex understanding of biblical texts both ancient and contemporary notions about wisdom, justice, and education.

In addressing these and other profound issues, Daube crosses traditional disciplinary boundaries and bridges the
gap between humanism and religion, especially with regard to Christianity and Judaism. With his sophisticated understanding of Talmudic law and literature, his thinking, which is on full display in these lectures, revolutionized prevailing perceptions about the New Testament.

[more]
cover of Law and the Balance of Power: The Automobile Manufacturers and their Dealers

Law and the Balance of Power

The Automobile Manufacturers and their Dealers

Stewart Macaulay

Russell Sage Foundation, 1966

Stewart Macaulay teaches contracts at the University of Wisconsin Law School and is interested in the part the legal system plays in implementing, regulating, and hindering economic relationships, and how it does these things. This book is a descriptive analysis of organizational change that has resulted from automobile dealers' attempts to find a legal remedy for what they consider unfair practices of the manufacturers. It advances our understanding of the limitations and the positive functions of formal rules in the regulation of human conduct, and shows how informal procedures can develop as a result of pressure for changes in the formal rules.
[more]
cover of Law and the Conditions of Freedom in the Nineteenth-Century United States

Law and the Conditions of Freedom in the Nineteenth-Century United States

James Willard Hurst

University of Wisconsin Press, 1964

In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.

[more]
cover of Law and the Conditions of Freedom in the Nineteenth-Century United States

Law and the Conditions of Freedom in the Nineteenth-Century United States

J. Willard Hurst

University of Wisconsin Press, 1956

In these essays J. Willard Hurst shows the correlation between the conception of individual freedom and the application of law in the nineteenth-century United States—how individuals sought to use law to increase both their personal freedom and their opportunities for personal growth. These essays in jurisprudence and legal history are also a contribution to the study of social and intellectual history in the United States, to political science, and to economics as it concerns the role of public policy in our economy. The nonlawyer will find in them demonstration of how "technicalities" express deep issues of social values.

[more]
cover of Law and the Economy in Colonial India

Law and the Economy in Colonial India

Tirthankar Roy and Anand V. Swamy

University of Chicago Press, 2021

Since the economic reforms of the 1990s, India’s economy has grown rapidly. To sustain growth and foreign investment over the long run requires a well-developed legal infrastructure for conducting business, including cheap and reliable contract enforcement and secure property rights. But it’s widely acknowledged that India’s legal infrastructure is in urgent need of reform, plagued by problems, including slow enforcement of contracts and land laws that differ from state to state. How has this situation arisen, and what can boost business confidence and encourage long-run economic growth?
           
Tirthankar Roy and Anand V. Swamy trace the beginnings of the current Indian legal system to the years of British colonial rule. They show how India inherited an elaborate legal system from the British colonial administration, which incorporated elements from both British Common Law and indigenous institutions. In the case of property law, especially as it applied to agricultural land, indigenous laws and local political expediency were more influential in law-making than concepts borrowed from European legal theory. Conversely, with commercial law, there was considerable borrowing from Europe. In all cases, the British struggled with limited capacity to enforce their laws and an insufficient knowledge of the enormous diversity and differentiation within Indian society. A disorderly body of laws, not conducive to production and trade, evolved over time. Roy and Swamy’s careful analysis not only sheds new light on the development of legal institutions in India, but also offers insights for India and other emerging countries through a look at what fosters the types of institutions that are key to economic growth.
[more]
cover of Law and the Economy in a Young Democracy: India 1947 and Beyond

Law and the Economy in a Young Democracy

India 1947 and Beyond

Tirthankar Roy and Anand V. Swamy

University of Chicago Press, 2022

An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule.

Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly.

Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor.

Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
[more]
cover of Law and the Environment: A Multidisciplinary Reader

Law and the Environment

A Multidisciplinary Reader

Robert Percival

Temple University Press, 1997

"One of the most remarkable developments of the twentieth century has been the worldwide growth of public concern for the environment. Efforts to translate that concern into effective public policy have posed formidable challenges for the legal system. Even as our understanding of environmental problems has improved, we have become acutely aware of the complexity and uncertainty that bedevil efforts to trace the effects of human activities on the environment." --from the Preface

Law and the Environment: A Multidisciplinary Reader
brings together for the first time some of the most important original work on environmental policy by scientists, ecologists, philosophers, historians, economists, and legal scholars. Each of the book's four parts provides a different focus on the nature and scope of environmental problems and attempts to use public policy to address these concerns. Part I examines how ecology, economics, and ethics analyze environmental problems and why they support collective action to respond to them. Part II examines the history and present state of environmental law, from early attempts to engage the government to current debate over the effectiveness of environmental policy. Part III explores the process by which environmental law gets translated into regulatory policy. Part IV considers the future of environmental law at a time when international environmental concerns have become a major force in global diplomacy and international trade agreements.

In drawing  together a wide variety of perspectives on these issues, Robert V. Percival and Dorothy C. Alevizatos offer a comprehensive examination of how society has responded to the difficult challenges posed by environmental problems. The selections provide a rich introduction to the complexities of environmental policy disputes.
[more]
cover of Law and the Gay Rights Story: The Long Search for Equal Justice in a Divided Democracy

Law and the Gay Rights Story

The Long Search for Equal Justice in a Divided Democracy

Frank, Walter

Rutgers University Press, 2014

For much of the 20th century, American gays and lesbians lived in fear that public exposure of their sexualities might cause them to be fired, blackmailed, or even arrested. Today, they are enjoying an unprecedented number of legal rights and protections. Clearly, the tides have shifted for gays and lesbians, but what caused this enormous sea change?

In his gripping new book, Walter Frank offers an in-depth look at the court cases that were pivotal in establishing gay rights. But he also tells the story of those individuals who were willing to make waves by fighting for those rights, taking enormous personal risks at a time when the tide of public opinion was against them. Frank’s accessible style brings complex legal issues down to earth but, as a former litigator, never loses sight of the law’s human dimension and the context of the events occurring outside the courtroom.

Chronicling the past half-century of gay and lesbian history, Law and the Gay Rights Story offers a unique perspective on familiar events like the Stonewall Riots, the AIDS crisis, and the repeal of “Don’t Ask, Don’t Tell.” Frank pays special attention to the constitutional issues surrounding same-sex marriage and closely analyzes the two recent Supreme Court cases addressing the issue. While a strong advocate for gay rights, Frank also examines critiques of the movement, including some coming from the gay community itself. Comprehensive in coverage, the book explains the legal and constitutional issues involved in each of the major goals of the gay rights movement: a safe and healthy school environment, workplace equality, an end to anti-gay violence, relationship recognition, and full integration into all the institutions of the larger society, including marriage and military service.  Drawing from extensive archival research and from decades of experience as a practicing litigator, Frank not only provides a vivid history, but also shows where the battle for gay rights might go from here.
[more]
cover of Law and the Good Life: On the Political Philosophy of Aristotle

Law and the Good Life

On the Political Philosophy of Aristotle

Robert C. Bartlett

University of Chicago Press, 2026

A fresh reading of the relationship between moral and political philosophy in Aristotle’s thought.

Our democracies promise the rights to life, liberty, and the pursuit of happiness—at least, within the confines of the law. Yet the law is an ineffective guide to the good life; laws can be arbitrary, even immoral. What other limit, then, should direct us as we pursue our own fulfillment? 

In Law and the Good Life, philosopher Robert C. Bartlett examines Aristotle’s consideration of this question. Rather than defer to authority, Aristotle invites us to ground ourselves in moral virtue and intellectual fulfillment, an argument he develops in both Politics and Nicomachean Ethics. As political creatures, Aristotle tells us, we are capable of moral action and therefore must embrace that capacity; at the same time, as rational creatures, we must understand what is true, even without regard to action. In taking these insights together, Bartlett offers a new reading of Aristotle’s political philosophy, one he hopes might serve as a prudent lodestar in our own turbulent times.

[more]
cover of Law and the Image: The Authority of Art and the Aesthetics of Law

Law and the Image

The Authority of Art and the Aesthetics of Law

Edited by Costas Douzinas and Lynda Nead

University of Chicago Press, 1999

This highly original collection brings together some of the most important minds in both contemporary art history and theory, and law and legal history. The result is a fascinating discussion of the diverse relationships between law and the artistic image.

The essays draw on the critical procedures of law, art history, and cultural studies in order to create a new interdisciplinary field of visual culture and law. In exploring the hidden interdependence of law and art, the writings refute the generally held conception that law is fixed and rational while the judgment of art is autonomous and ambiguous. Among the topics addressed are the history of the relationship between art and law, the ways in which the visual is made subject to the force of the law, and the complex relations between law, the image, and identity.

With its groundbreaking ideas from a variety of intellectual traditions and disciplines, this book puts law and art into a new and exciting conversation that will introduce a new field of study and spark international debate.

Contributors are: Georges Didi-Huberman, Costas Douzinas, Hal Foster, Peter Goodrich, Piyel Haldar, Martin Jay, Mandy Merck, Lynda Nead, Jonathan Ribner, Katherine Fischer Taylor.
[more]
cover of Law and the Living Colorado River

Law and the Living Colorado River

Robert W. Adler

University of Utah Press, 2023

Law and the Living Colorado River asserts that the so-called Law of the River—the vast assemblage of interstate compacts, international treaties, federal and state statutes, regulations, contracts, and other legal documents governing use and management of the Colorado River—ignores the needs of the river as a nested system of aquatic and aquatic-dependent ecosystems. Although society now recognizes and appreciates the natural values of the Colorado River, the Law of the River remains fixed in service of human economies like irrigation and hydropower. Robert W. Adler contends that the law must respond to changing values that prioritize natural systems alongside human ones. He proposes acknowledging the legal rights of the river itself, following the recent movement to recognize rights of nature in other ecosystems around the world. Recognizing that U.S. law has significant barriers to that proposal, however, Adler borrows from aspects of international water law to propose as a shorter-term strategy amendments to the Colorado River Compact that would enhance protection of the river’s environmental needs and values.

Adler delivered this lecture on March 17, 2022, at the 27th annual symposium of the Wallace Stegner Center for Land, Resources and the Environment, jointly sponsored by the Wallace Stegner Center and the Water & Tribes Initiative | Colorado River Basin.

[more]
cover of Law and the Postmodern Mind: Essays on Psychoanalysis and Jurisprudence

Law and the Postmodern Mind

Essays on Psychoanalysis and Jurisprudence

Peter Goodrich and David Gray Carlson, Editors

University of Michigan Press, 1998

David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law.
While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality.
These essays should appeal to scholars in law and in psychology.
The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek.
David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.
[more]
cover of Law and the Rural Economy in the Roman Empire

Law and the Rural Economy in the Roman Empire

Dennis P. Kehoe

University of Michigan Press, 2010

The economy of the Roman Empire was predominantly agrarian: Roman landowners, agricultural laborers, and small tenant farmers were highly dependent upon one another for assuring stability. By examining the property rights established by the Roman government, in particular the laws concerning land tenure and the contractual relationships between wealthy landowners and the tenant farmers to whom they leased their land, Dennis P. Kehoe is able to demonstrate how the state fostered economic development and who benefited the most. In this bold application of economic theory, Kehoe explores the relationship between Roman private law and the development of the Roman economy during a crucial period of the Roman Empire, from the second to the fourth century C.E. Kehoe is able to use the laws concerning land tenure, and the Roman government's enforcement of those laws, as a window through which to develop a more comprehensive view of the Roman economy. With its innovative application of the methodologies of law and economics and the New Institutional Economics Law and the Rural Economy in the Roman Empire is a groundbreaking addition to the study of the Roman economy.

Dennis P. Kehoe is Professor of Classical Studies at Tulane University. He is the author of several books, including Investment, Profit, and Tenancy: The Jurists and the Roman Agrarian Economy(University of Michigan Press, 1997).

"Kehoe brings his deep expertise in Roman land tenure systems and his broad knowledge of the methodologies of New Institutional Economics to bear on questions of fundamental importance regarding the relationship of Roman law and society. Was governmental policy on agriculture designed to benefit large landowners or small farmers? What impact did it have on the rural economy? The fascinating answers Kehoe provides in this pathbreaking work should occasion a major reassessment of such problems by social and legal historians."
---Thomas McGinn, Department of Classical Studies at Vanderbilt University, and author of The Economy of Prostitution in the Roman World: A Study of Social History and the Brothel and Prostitution, Sexuality, and the Law in Ancient Rome

"A ground-breaking study using the principles of New Institutional Economics to analyze the impact of legal policy in balancing the interests of Roman tenant-farmers and landowners in the 2-4 centuries C.E. Kehoe's book will be essential reading for historians of the Roman Empire, demonstrating how the government overcame challenges and contradictions as it sought to regulate this enormous sector of the economy."
---Susan D. Martin, Department of Classics, University of Tennessee

"In Law and the Rural Economy, Kehoe brings to life the workings of the ancient economy and the Roman legal system. By analyzing interactions between the imperial government, landlords, and tenant farmers in provinces across the Empire, Kehoe opens insights into imperial economic policy. He handles a variety of challenging sources with mastery and wit, and his knowledge of scholarship is extensive and thorough, covering ancient history, textual problems in the sources, legal history and, perhaps most impressively, the modern fields of economic theory and 'law and economics.' Kehoe's innovative and sophisticated methodology sets his work apart. The book will make an important contribution to our understanding of access to the law and the effectiveness of the legal system, important topics for scholars of law, ancient and modern."
---Cynthia J. Bannon, Department of Classical Studies, Indiana University

[more]
cover of Law and the Shaping of Public Education, 1785-1954

Law and the Shaping of Public Education, 1785-1954

Edited by David Tyack, Thomas James, and Aaron Benavot

University of Wisconsin Press, 1991

[more]