|
|
Books > Law > Jurisprudence & general issues > Legal history
The Dred Scott suit for freedom, argues Kelly M. Kennington, was
merely the most famous example of a phenomenon that was more
widespread in antebellum American jurisprudence than is generally
recognized. The author draws on the case files of more than three
hundred enslaved individuals who, like Dred Scott and his family,
sued for freedom in the local legal arena of St. Louis. Her
findings open new perspectives on the legal culture of slavery and
the negotiated processes involved in freedom suits. As a gateway to
the American West, a major port on both the Mississippi and
Missouri Rivers, and a focal point in the rancorous national debate
over slavery's expansion, St. Louis was an ideal place for enslaved
individuals to challenge the legal systems and, by extension, the
social systems that held them in forced servitude. Kennington
offers an in-depth look at how daily interactions, webs of
relationships, and arguments presented in court shaped and reshaped
legal debates and public at titudes over slavery and freedom in St.
Louis. Kennington also surveys more than eight hundred state
supreme court freedom suits from around the United States to
situate the St. Louis example in a broader context. Although white
enslavers dominated the antebellum legal system in St. Louis and
throughout the slaveholding states, that fact did not mean that the
system ignored the concerns of the subordinated groups who made up
the bulk of the American population. By looking at a particular
example of one group's encounters with the law and placing these
suits into conversation with similar en counters that arose in
appellate cases nationwide Kennington sheds light on the ways in
which the law responded to the demands of a variety of actors.
In Scandinavia the study of disputes is still a relatively new
topic: The papers offered here discuss how conflicts were handled
in Scandinavian societies in the Middle Ages before the emergence
of strong centralized states. What strategies did people use to
contest power, property, rights, honour, and other kinds of
material or symbolic assets? Seven essays by Scandinavian scholars
are supplemented by contributions from Stephen White, John Hudson
and Gerd Althoff, to provide a new baseline for discussing both the
strategies pursued in the political game and those used to settle
local disputes. Using practice and process as key analytical
concepts, these authors explore formal law and litigation in
conjunction with non-formal legal proceedings such as out-of-court
mediation, rituals, emotional posturing, and feuding. Their
insights place the Northern medieval world in a European context of
dispute studies. With introductory sections on social structure,
sources materials, and the historiography of Scandinavian dispute
studies. Contributors are Gerd Althoff, Catharina Andersson, Kim
Esmark, Lars Ivar Hansen, Lars Hermanson, John Hudson, Audur G.
Magnusdottir, Hans Jacob Orning, Helle Vogt and Stephen D. White.
Winner of the 2017 Choice Outstanding Academic Title Award In
Marxism and Criminology: A History of Criminal Selectivity, Valeria
Vegh Weis rehabilitates the contributions and the methodology of
Marx and Engels to analyze crime and punishment through the
historical development of capitalism (15th Century to the present)
in Europe and in the United States. The author puts forward the
concepts of over-criminalization and under-criminalization to show
that the criminal justice system has always been selective.
Criminal injustice, the book argues, has been an inherent element
of the founding and reproduction of a capitalist society. At a time
when racial profiling, prosecutorial discretion, and mass
incarceration continue to defy easy answers, Vegh Weis invites us
to revisit Marx and Engels' contributions to identify
socio-economic and historic patterns of crime and punishment in
order to foster transformative changes to criminal justice. The
book includes a Foreword by Professor Roger Matthews of Kent
University, and an Afterword written by Professor Jonathan Simon of
the University of California, Berkeley.
As American Indian tribes seek to overcome centuries of political
and social marginalization, they face daunting obstacles. The
successes of some tribal casinos have lured many outside observers
into thinking that gambling revenue alone can somehow mend the
devastation of culture, community, natural resources, and sacred
spaces. The reality is quite different. Most tribal officials
operate with meager resources and serve impoverished communities
with stark political disadvantages. Yet we find examples of Indian
tribes persuading states, localities, and the federal government to
pursue policy change that addresses important tribal concerns. How
is it that Indian tribes sometimes succeed against very dim
prospects?
In Power from Powerlessness, Laura Evans looks at the successful
policy interventions by a range of American Indian tribal
governments and explains how disadvantaged groups can exploit
niches in the institutional framework of American federalism to
obtain unlikely victories. Tribes have also been adept at building
productive relationships with governmental authorities at all
levels. Admittedly, many of the tribes' victories are small when
viewed on their own: reaching cooperative agreements on trash
collection with municipalities and successfully challenging other
localities for more control over fisheries and waterway management.
However, Evans shows that in combination, their victories are
impressive-particularly when considering that the poverty rate
among American Indians on reservations is 39 percent. Not simply a
book about American Indian politics, Power from Powerlessness
forces scholars of institutions and inequality to reconsider the
commonly held view that the less powerful are in fact powerless.
|
You may like...
Sea Prayer
Khaled Hosseini
Hardcover
(1)
R336
Discovery Miles 3 360
|