Results by title
276 books match the query 'Legal History' and 12 start with s
Securing Constitutional Democracy
The Case of AutonomyJames E. Fleming
University of Chicago Press, 2006
In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.
Separation of Church and State
Dina de-Malkhuta Dina in Jewish LawGil Graff
University of Alabama Press, 1985
Exploring the enduring dialogue between Jewish law and the law of the state.
For the Jewish community, the end of the Middle Ages and the emergence of the modern nation-state brought the promise of equal citizenship as well as the possible loss of Jewish corporate identity. The legal maxim dina de-malkhuta dina (the law of the State is law) invoked in Talmidic times to justify the acceptance of the king’s law and qualified in the Middle Ages by Maimonides and Rashbam to include the requirement of consent by the governed underwent further redefinition by Jews in the Napoleonic age. Graff focuses on the struggle between 18th and 19th-century Jewish religious reformers and traditionalists in defining the limits of dina de-malkhuta dina. He traces the motivations of the reformers who, in their zeal to gain equality for the formerly disenfranchised Jewish communities in Western Europe, were prepared to render unto the State compromising authority over Jewish religious life under the rubric of dina de-malkhuta dina was intended to strike a balance between synagogue and state and not to be used as a pretext for the liquidation of the community’s corporate existence.
Sex in Middlesex
Popular Mores in a Massachusetts County, 1649-1699Roger Thompson
University of Massachusetts Press, 1986
Drawing on an extraordinary wealth of court records from Middlesex County of the Colony and Province of Massachusetts Bay, Sex in Middlesex offers a richly revisionist account of social and moral life in seventeenth-century New England. Social historian Roger Thompson brings to life the forgotten men and women of colonial Massachusetts to challenge some of the most entrenched assumptions about Puritan society. Examining cases of fornication, adultery, breach of promise, premarital pregnancy, and sexual deviance recorded between 1649 and 1699, Thompson argues that the Puritan social system was far less rigid, and the relations between the sexes far less coercively regulated, than the dominant historiographical tradition, shaped by scholars such as Perry Miller and Lawrence Stone, has suggested.
Rather than a community defined by patriarchal tyranny and punitive moral control, Thompson discovers in the Middlesex records a society characterized by a striking degree of tolerance, mutual regard, and practical common sense, animated by a genuinely popular Puritan piety. The goal of the courts was not punishment and exclusion, but confession, reform, and the reintegration of offenders into the community. Structured with methodological rigor and written with narrative verve, Sex in Middlesex is at once a work of quantitative social history and a gallery of vivid individual portraits.
Sexual Labor in the Athenian Courts
Allison Glazebrook
University of Texas Press, 2021
Oratory is a valuable source for reconstructing the practices, legalities, and attitudes surrounding sexual labor in classical Athens. It provides evidence of male and female sex laborers, sex slaves, brothels, sex traffickers, the cost of sex, contracts for sexual labor, and manumission practices for sex slaves. Yet the witty, wealthy, and independent hetaira, well-known from other genres, does not feature. Its detailed narratives and character portrayals provide a unique discourse on sexual labor and reveal the complex relationship between such labor and Athenian society.
Through a holistic examination of five key speeches, Sexual Labor in the Athenian Courts considers how portrayals of sex laborers intersected with gender, the body, sexuality, the family, urban spaces, and the polis in the context of the Athenian courts. Drawing on gender theory and exploring questions of space, place, and mobility, Allison Glazebrook shows how sex laborers represented a diverse set of anxieties concerning social legitimacy and how the public discourse about them is in fact a discourse on Athenian society, values, and institutions.
Shakespeare’s Legal Ecologies
Law and Distributed SelfhoodKevin Curran
Northwestern University Press, 2017
At the center of the book is Shakespeare’s fascination with questions that are fundamental to both law and philosophy: What are the sources of agency? What counts as a person? For whom am I responsible, and how far does that responsibility extend? What is truly mine? Curran guides readers through Shakespeare’s responses to these questions, paying careful attention to both historical and intellectual contexts.
The result is a book that advances a new theory of Shakespeare’s imaginative relationship to law and an original account of law’s role in the ethical work of his plays and sonnets. Readers interested in Shakespeare, theater and philosophy, law, and the history of ideas will find Shakespeare’s Legal Ecologies to be an essential resource.
Silent Revolution
The Transformation of Divorce Law in the United StatesHerbert Jacob
University of Chicago Press, 1988
Since 1966, divorce laws in the United States have undergone a radical transformation. No-fault divorce is now universally available. Alimony functions simply as a brief transitional payment to help a dependent spouse become independent. Most states divide assets at divorce according to a community property scheme, and, whenever possible, many courts prefer to award custody of children to the mother and the father jointly.
These changes in policy represent a profound departure from traditional American values, and yet the legislation by which they were enacted was treated as a technical correction of minor problems. No-fault divorce, for example, was a response to the increasing number of fraudulent divorce petitions. Since couples were often forced to manufacture the evidence of guilt that many states required, and since judges frequently looked the other way, legal reformers sought no more than to bring divorce statutes into line with current practice.
On the basis of such observations, Jacob formulates a new theory of routine—as opposed to conflictual—policy-making processes. Many potentially controversial policies—divorce law reforms among them—pass unnoticed in America because legislators treat them as matters of routine. Jacob's is indeed the most plausible account of the enormous number and steady flow of policy decisions made by state legislatures. It also explains why no attention was paid to the effect divorce reform would have on divorced women and their children, a subject that has become increasingly controversial and that, consequently, is not likely to be handled by the routine policy-making process in the future.
Sincerely Held
American Secularism and Its BelieversCharles McCrary
University of Chicago Press, 2022
“Sincerely held religious belief” is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The “sincerity test” of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion.
McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville’s novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn’t entitle a person to receive protections from the state.
This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly “post-truth” era.
Slices and Lumps
Division and Aggregation in Law and LifeLee Anne Fennell
University of Chicago Press, 2019
Lee Anne Fennell explores how both types of challenges—carving out useful slices and assembling useful lumps—surface in myriad contexts, from hot button issues like conservation and eminent domain to developments in the sharing economy to personal struggles over work, money, time, diet, and exercise. Yet the significance of configuration is often overlooked, leading to missed opportunities for improving our lives. With a technology-fueled entrepreneurial explosion underway that is dividing goods, services, and jobs in novel ways, and as urbanization and environmental threats raise the stakes for assembling resources and cooperation, this is an especially exciting and crucial time to confront questions of slicing and lumping. The future of the city, the workplace, the marketplace, and the environment all turn on matters of configuration, as do the prospects for more effective legal doctrines, for better management of finances and health, and more. This book reveals configuration’s power and potential—as a unifying concept and as a focus of public and private innovation.
Soldier's Paradise
Militarism in Africa after EmpireSamuel Fury Childs Daly
Duke University Press, 2024
Some Measure of Justice
The Holocaust Era Restitution Campaign of the 1990sMichael R. Marrus; Foreword by William A. Schabas
University of Wisconsin Press, 2009
Writings on the subject of Holocaust reparations have largely come from participants, lawyers, philosophers, journalists, and social scientists specializing in restitution. In Some Measure of Justice Michael Marrus takes up the issue as a historian deeply involved with legal issues. He engages with larger questions about historical understanding and historical interpretation as they enter the legal arena. Ultimately this book asks, What constitutes justice for a great historic wrong? And, Is such justice possible?
Sport and the Law
Historical and Cultural IntersectionsSamuel O. Regalado
University of Arkansas Press, 2014
Supreme Court Appointments
Judge Bork and the Politicization of Senate ConfirmationsNorman Vieira and Leonard Gross
Southern Illinois University Press, 1998
Norman Vieira and Leonard Gross provide an in-depth analysis of the political and legal framework surrounding the confirmation process for Supreme Court nominees.
President Ronald Reagan’s nomination of Judge Robert Bork to the Supreme Court met with a fierce opposition that was apparent in his confirmation hearings, which were different in many ways from those of any previous nominee. Lasting longer than any other Supreme Court confirmation battle, the Senate hearings dragged on for eighty-seven hours over a twelve-day period. Bork personally testified for more than thirty hours, outlining his legal philosophy in greater detail than had ever before been required of a Supreme Court nominee. Nor had any previous Supreme Court nominee faced the number of witnesses who testified at the Bork hearings.
Deriving their material from hundreds of in-depth interviews with those who participated in the confirmation hearings, Vieira and Gross present a firsthand account of the behind-the-scenes pressure on senators to oppose Bork. Special-interest groups, they note, attempted to control the confirmation process, with both the media and public-opinion polls playing major roles in the defeat of the nomination. Both liberal and conservative groups used the Bork debate to raise money for political war chests.
This behind-the-scenes view of the politics and personalities involved in the Bork confirmation controversy provides a framework for future debates regarding the confirmation process. To help establish that framework, Vieira and Gross examine the similarities as well as the differences between the Bork confirmation battle and other confirmation proceedings for Supreme Court nominees. They also analyze the Supreme Court nominations made after the Bork hearings, including an extensive examination of the controversial Clarence Thomas nomination.