An analysis of how problematic laws ought to be framed and
considered From the murder of George Floyd to the systematic
dismantling of voting rights, our laws and their implementation are
actively shaping the course of our nation. But however abhorrent a
legal decision might be-whether Dred Scott v. Sanford or Plessy v.
Ferguson-the stories we tell of the law's failures refer to their
injustice and rarely label them in the language of infamy. Yet in
many instances, infamy is part of the story law tells about
citizens' conduct. Such stories of individual infamy work on both
the social and legal level to stigmatize and ostracize people, to
mark them as unredeemably other. Law's Infamy seeks to alter that
course by making legal actions and decisions the subject of an
inquiry about infamy. Taken together, the essays demonstrate how
legal institutions themselves engage in infamous actions and urge
that scholars and activists label them as such, highlighting the
damage done when law itself acts infamously and focus of infamous
decisions that are worthy of repudiation. Law's Infamy asks when
and why the word infamy should be used to characterize legal
decisions or actions. This is a much-needed addition to the broader
conversation and questions surrounding law's complicity in evil.
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