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Books > Law > Jurisprudence & general issues > Legal history
In this bold and timely work, law professor Jeffrey Shulman argues
that the United States Constitution does not protect a fundamental
right to parent. Based on a rigorous reconsideration of the
historical record, Shulman challenges the notion, held by academics
and the general public alike, that parental rights have a
long-standing legal pedigree. What is deeply rooted in our legal
tradition and social conscience, Shulman demonstrates, is the idea
that the state entrusts parents with custody of the child, and it
does so only as long as parents meet their fiduciary duty to serve
the developmental needs of the child. Shulman's illuminating
account of American legal history is of more than academic
interest. If once again we treat parenting as a delegated
responsibility-as a sacred trust, not a sacred right-we will not
all reach the same legal prescriptions, but we might be more
willing to consider how time-honored principles of family law can
effectively accommodate the evolving interests of parent, child,
and state.
Fully revised and updated, this classic text provides the
authoritative introduction to the history of the English common
law. The book traces the development of the principal features of
English legal institutions and doctrines from Anglo-Saxon times to
the present and, combined with Baker and Milsom's Sources of Legal
History, offers invaluable insights into the development of the
common law of persons, obligations, and property, and also of
criminal and public law. It is an essential reference point for all
lawyers, historians and students seeking to understand the
evolution of English law over a millennium. The book provides an
introduction to the main characteristics, institutions, and
doctrines of English law over the longer term - particularly the
evolution of the common law before the extensive statutory changes
and regulatory regimes of the last two centuries. It explores how
legal change was brought about in the common law and how judges and
lawyers managed to square evolution with respect for inherited
wisdom.
How the immigration policies and popular culture of the 1980's
fused to shape modern views on democracy In the 1980s, amid
increasing immigration from Latin America, the Caribbean, and Asia,
the circle of who was considered American seemed to broaden,
reflecting the democratic gains made by racial minorities and
women. Although this expanded circle was increasingly visible in
the daily lives of Americans through TV shows, films, and popular
news media, these gains were circumscribed by the discourse that
certain immigrants, for instance single and working mothers, were
feared, censured, or welcomed exclusively as laborers. In The
Cultural Politics of U.S. Immigration, Leah Perry argues that 1980s
immigration discourse in law and popular media was a crucial
ingredient in the cohesion of the neoliberal idea of democracy.
Blending critical legal analysis with a feminist media studies
methodology over a range of sources, including legal documents,
congressional debates, and popular media, such as Golden Girls,
Who's the Boss?, Scarface, and Mi Vida Loca, Perry shows how even
while "multicultural" immigrants were embraced, they were at the
same time disciplined through gendered discourses of
respectability. Examining the relationship between law and culture,
this book weaves questions of legal status and gender into existing
discussions about race and ethnicity to revise our understanding of
both neoliberalism and immigration.
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