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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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Law and War (Hardcover)
Austin Sarat, Lawrence Douglas, Martha Merrill Umphrey
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R1,886
Discovery Miles 18 860
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Ships in 12 - 17 working days
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"Law and War" explores the cultural, historical, spatial, and
theoretical dimensions of the relationship between law and war--a
connection that has long vexed the jurisprudential imagination.
Historically the term "war crime" struck some as redundant and
others as oxymoronic: redundant because war itself is criminal;
oxymoronic because war submits to no law. More recently, the
remarkable trend toward the juridification of warfare has emerged,
as law has sought to stretch its dominion over every aspect of the
waging of armed struggle. No longer simply a tool for judging
battlefield conduct, law now seeks to subdue warfare and to enlist
it into the service of legal goals. Law has emerged as a force that
stands over and above war, endowed with the power to authorize and
restrain, to declare and limit, to justify and condemn.
In examining this fraught, contested, and evolving relationship,
"Law and War" investigates such questions as: What can efforts to
subsume war under the logic of law teach us about the aspirations
and limits of law? How have paradigms of law and war changed as a
result of the contact with new forms of struggle? How has
globalization and continuing practices of occupation reframed the
relationship between law and war?
Imagining New Legalities reminds us that examining the right to
privacy and the public/private distinction is an important way of
mapping the forms and limits of power that can legitimately be
exercised by collective bodies over individuals and by governments
over their citizens. This book does not seek to provide a
comprehensive overview of threats to privacy and rejoinders to
them. Instead it considers several different conceptions of privacy
and provides examples of legal inventiveness in confronting some
contemporary challenges to the public/private distinction. It
provides a context for that consideration by surveying the meanings
of privacy in three domains--the first, involving intimacy and
intimate relations; the second, implicating criminal procedure, in
particular, the 4th amendment; and the third, addressing control of
information in the digital age. The first two provide examples of
what are taken to be classic breaches of the public/private
distinction, namely instances when government intrudes in an area
claimed to be private. The third has to do with voluntary
circulation of information and the question of who gets to control
what happens to and with that information.
In 2009, Harper's Magazine sent war-crimes expert Lawrence Douglas
to Munich to cover the last chapter of the lengthiest case ever to
arise from the Holocaust: the trial of eighty-nine-year-old John
Demjanjuk. Demjanjuk's legal odyssey began in 1975, when American
investigators received evidence alleging that the Cleveland
autoworker and naturalized US citizen had collaborated in Nazi
genocide. In the years that followed, Demjanjuk was twice stripped
of his American citizenship and sentenced to death by a Jerusalem
court as "Ivan the Terrible" of Treblinka--only to be cleared in
one of the most notorious cases of mistaken identity in legal
history. Finally, in 2011, after eighteen months of trial, a court
in Munich convicted the native Ukrainian of assisting Hitler's SS
in the murder of 28,060 Jews at Sobibor, a death camp in eastern
Poland. An award-winning novelist as well as legal scholar, Douglas
offers a compulsively readable history of Demjanjuk's bizarre case.
The Right Wrong Man is both a gripping eyewitness account of the
last major Holocaust trial to galvanize world attention and a vital
meditation on the law's effort to bring legal closure to the most
horrific chapter in modern history.
The study of catastrophe is a growth industry. Today, cosmologists
scan the heavens for asteroids of the kind that smashed into earth
some ninety million years ago, leading to the swift extinction of
the dinosaurs. Climatologists create elaborate models of the
chaotic weather and vast flooding that will result from the
continued buildup of greenhouse gases in the planet's atmosphere.
Terrorist experts and homeland security consultants struggle to
prepare for a wide range of possible biological, chemical, and
radiological attacks: aerated small pox virus spread by a crop
duster, botulism dumped into an urban reservoir, a dirty bomb
detonated in a city center.
Yet, strangely, law's role in the definition, identification,
prevention, and amelioration of catastrophe has been largely
neglected. The relationship between law and other limiting
conditions2;such as states of emergency2;has been the subject of
rich and growing literature. By contrast, little has been written
about law and catastrophe. In devoting a volume to the subject, the
essays' authors sketch the contours of a relatively fresh, yet
crucial, terrain of inquiry. "Law and Catastrophe" begins the work
of developing a "jurisprudence" of catastrophe.
In 2009, Harper's Magazine sent war-crimes expert Lawrence Douglas
to Munich to cover the last chapter of the lengthiest case ever to
arise from the Holocaust: the trial of eighty-nine-year-old John
Demjanjuk. Demjanjuk's legal odyssey began in 1975, when American
investigators received evidence alleging that the Cleveland
autoworker and naturalized US citizen had collaborated in Nazi
genocide. In the years that followed, Demjanjuk was twice stripped
of his American citizenship and sentenced to death by a Jerusalem
court as "Ivan the Terrible" of Treblinka--only to be cleared in
one of the most notorious cases of mistaken identity in legal
history. Finally, in 2011, after eighteen months of trial, a court
in Munich convicted the native Ukrainian of assisting Hitler's SS
in the murder of 28,060 Jews at Sobibor, a death camp in eastern
Poland. An award-winning novelist as well as legal scholar, Douglas
offers a compulsively readable history of Demjanjuk's bizarre case.
The Right Wrong Man is both a gripping eyewitness account of the
last major Holocaust trial to galvanize world attention and a vital
meditation on the law's effort to bring legal closure to the most
horrific chapter in modern history.
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How Law Knows (Hardcover)
Austin Sarat, Lawrence Douglas; Martha Merrill Umphrey
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R1,497
Discovery Miles 14 970
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Ships in 12 - 17 working days
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When citizens think about law's ways of knowing and about how legal
officials gather information, assess factual claims, and judge
people and situations, they are often confused by the seemingly
arcane and constrained quality of the information-gathering,
fact-evaluating procedures that legal officials employ or impose.
Yet, law's ways of knowing are as varied as the institutions and
officials who populate any legal system. From the rules of evidence
to the technologies of risk management, from the practices of
racial profiling to the development of trade knowledge, from the
generation of independent knowledge practices to law's dependence
on outside expertise, even a brief survey shows that law knows in
many different ways, that its knowledge practices are contingent
and responsive to context, and that they change over time.
The possibility of law in the absence of a nation would seem to
strip law from its source of meaning and value. At the same time,
law divorced from nations would clear the ground for a cosmopolitan
vision in which the prejudices or idiosyncrasies of distinctive
national traditions would give way to more universalist groundings
for law. These alternately dystopian and utopian viewpoints inspire
this original collection of essays on law without nations.
This book examines the ways in which the growing
internationalization of law affects domestic national law, the
relationship between cosmopolitan legal ideas and understandings of
national identity, and the intersections of identity and law based
on the liberal tradition of jurisprudence and transnational
influences. Ultimately, "Law without Nations" offers sharp analyses
of the fraught relationship between the nation and the state--and
the legal forms and practices that they require, constitute, and
violently contest.
Law calls communities into being and constitutes the "we" it
governs. This act of defining produces an outside as well as an
inside, a border whose crossing is guarded, maintaining the
identity, coherence, and integrity of the space and people within.
Those wishing to enter must negotiate a complex terrain of
defensive mechanisms, expectations, assumptions, and legal
proscriptions. Essentially, law enforces the boundary between
inside and outside in both physical and epistemological ways.
"Law and the Stranger" explores the ways law identifies and
responds to strangers within and across borders. It analyzes the
ambiguous place strangers occupy in communities not their own and
reflects on how dealing with strangers challenges the laws and
communities that invite or parry them. As the book reveals,
strangers are made through law, rather than born through accidents
of geography.
The proliferation of images of law, legal processes, and officials
on television and in film is a phenomenon of enormous significance.
Mass-mediated images are as powerful, pervasive, and important as
are other early twenty-first-century social forces - e.g.
globalization, neo-colonialism, and human rights - in shaping and
transforming legal life. Yet scholars have only recently begun to
examine how law works in this new arena and to explore the
consequences of the representation of law in the moving image. Law
on the Screen advances our understanding of the connection between
law and film by analyzing them as narrative forms, examining film
for its jurisprudential content - that is, its ways of critiquing
the present legal world and imagining an alternative one - and
expanding studies of the representation of law in film to include
questions of reception. The Amherst Series in Law, Jurisprudence,
and Social Thought
"Law and the Utopian Imagination" seeks to explore and resuscitate
the notion of utopianism within current legal discourse. The idea
of utopia has fascinated the imaginations of important thinkers for
ages. And yet--who writes seriously on the idea of utopia today?
The mid-century critique appears to have carried the day, and a
belief in the very possibility of utopian achievements appears to
have flagged in the face of a world marked by political
instability, social upheaval, and dreary market realities. Instead
of mapping out the contours of a familiar terrain, this book seeks
to explore the possibilities of a productive engagement between the
utopian and the legal imagination. The book asks: is it possible to
re-imagine or revitalize the concept of utopia such that it can
survive the terms of the mid-century liberal critique?
Alternatively, is it possible to re-imagine the concept of utopia
and the theory of liberal legality so as to dissolve the apparent
antagonism between the two? In charting possible answers to these
questions, the present volume hopes to revive interest in a vital
topic of inquiry too long neglected by both social thinkers and
legal scholars.
Law depends on various modes of classification. How an act or a
person is classified may be crucial in determining the rights
obtained, the procedures employed, and what understandings get
attached to the act or person. Critiques of law often reveal how
arbitrary its classificatory acts are, but no one doubts their
power and consequence.
This crucial new book considers the problem of law's physical
control of persons and the ways in which this control illuminates
competing visions of the law: as both a tool of regulation and an
instrument of coercion or punishment. It examines various instances
of punishment and regulation to illustrate points of overlap and
difference between them, and captures the lived experience of the
state's enterprise of subjecting human conduct to the governance of
rules. Ultimately, the essays call into question the adequacy of a
view of punishment and/or regulation that neglects the perspectives
of those who are at the receiving end of these exercises of state
power.
The specter of the sacred always haunts the law, even in the most
resolute of contemporary secular democracies. Indeed, the more one
considers the question of the relation between law and the sacred,
the more it appears that endless debate over the proper
relationship of government to religion is only the most quotidian
example of a problematic that lies at the heart of law itself. And
currently, as some in the United States grapple with the seeming
fragility of secular democracy in the face of threatening religious
fundamentalisms, the question has gained a particular urgency. This
book explores questions about the fundamental role of the sacred in
the constitution of law, historically and theoretically. It
examines contemporary efforts to separate law from the sacred and
asks: How did the division of law and sacred come to be, in what
ways, and with what effects? In doing so, it highlights the
ambivalent place of the sacred in the self-image of modern states
and jurisprudence. For if it is the case that, particularly in the
developed West, contemporary law posits a fundamental conceptual
divide between sacred and secular, it nevertheless remains true
that the assertion of that divide has its own history, one that
defines Western modernity itself.
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The Limits of Law (Hardcover, Lte)
Austin Sarat, Lawrence Douglas, Martha Merrill Umphrey
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R1,876
R1,703
Discovery Miles 17 030
Save R173 (9%)
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Ships in 12 - 17 working days
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This collection brings together well-established scholars to
examine the limits of law, a topic that has been of broad interest
since the events of 9/11 and the responses of U.S. law and policy
to those events. The limiting conditions explored in this volume
include marking law's relationship to acts of terror, states of
emergency, gestures of surrender, payments of reparations, offers
of amnesty, and invocations of retroactivity. These essays explore
how law is challenged, frayed, and constituted out of contact with
conditions that lie at the farthest reaches of its empirical and
normative force.
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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Guns in Law (Paperback)
Austin Sarat, Lawrence Douglas, Martha Merrill Umphrey
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R915
R580
Discovery Miles 5 800
Save R335 (37%)
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Ships in 9 - 15 working days
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Weapons have been a source of political and legal debate for
centuries. Aristotle considered the possession of arms a
fundamental source of political power and wrote that tyrants
""mistrust the people and deprive them of their arms."" Today
ownership of weapons - whether handguns or military-grade assault
weapons - poses more acute legal problems than ever before. In this
volume, the editors' introduction traces the history of gun control
in the United States, arguing that until the 1980s courts upheld
reasonable gun control measures. The contributors confront urgent
questions, among them the usefulness of history as a guide in
ongoing struggles over gun regulation, the changing meaning of the
Second Amendment, the perspective of law enforcement on guns and
gun control law, and individual and relational perspectives on gun
rights. The contributors include the editors and Carl T. Bogus,
Jennifer Carlson, Saul Cornell, Darrell A.H. Miller, Laura Beth
Nielsen, and Katherine Shaw.
Meet Daniel Wellington: art historian, academic star, devoted
husband, and total basket case. Although Daniel has known nothing
but success, he's convinced the future promises nothing but
disaster. When his wife, known simply as R., presents him with a
tiny, size-XXS Yale sweatshirt, Daniel is seized by the impulse to
bolt; the specter of imminent fatherhood sends him into a
full-blown existential crisis. Soon this well-intentioned young
professor finds himself plotting bigamy, lying about his past,
imagining his pregnant wife in the arms of an androgynous grad
student, and explaining to the dean his obscene e-mail to the lead
in a student production of Miss Julie. From an idyllic New England
campus to the rarefied art worlds of Berlin and London, The
Catastrophist charts the rise and fall and partial rebound of an
ambivalent but endearing Everyman and heralds the appearance of a
major new comedic voice in American fiction..
At last, the thinking person's answer to the life of the mind in
today's increasingly mindless, anti-intellectual age. SENSE AND
NONSENSIBILITY pokes fun at everyone from self-important scholars
to pompous professors; from anally-retentive authors to
plagiarising poets; from snake-oil therapists to the cyber-speaking
cognoscenti. This singular collection by professors Lawrence
Douglas and Alexander George brings together some of their most
popular pieces, along with several all-new-ones, including: - The
Academy Awards for novels - with categories for 'Best Female
Protagonist, Doomed', 'Best Narrator, Unreliable', and 'Best Novel,
Unfinishable by a Reader' - Home Shopping University - offering the
greatest ideas in western history at rock-bottom prices - The best
in 'Self-helplessness' books - I'M OKAY, I'M OKAY: ACCEPTING
NARCISSISM - THE PENIS ORATIONS - literature's answer to THE VAGINA
MONOLOGUES From pay-per-call phone lines that cater to cerebral
fetishes to behind-the-scenes reports on what happens when
Hollywood takes on Kant, SENSE AND NONSENSIBILITY is for anyone
looking for a good read, a good laugh and life beyond Harry Potter.
Key binaries like public/private and speech/conduct are mainstays
of the liberal legal system. However, the pairing of criminal/enemy
has received little scholarly attention by comparison. Bringing
together a group of distinguished and disciplinarily diverse
scholars, Criminals and Enemies, the most recent volume in the
Amherst Series in Law, Jurisprudence, and Social Thought, addresses
this gap in the literature. Drawing on political philosophy, legal
analysis, and historical research, this essential volume reveals
just how central the criminal/enemy distinction is to the structure
and practice of contemporary law. The editors' introduction
situates criminals and enemies in a theoretical context, focusing
on the work of Thomas Hobbes and Carl Schmitt, while other essays
consider topics ranging from Germany's denazification project to
South Africa's pre- and post-apartheid legal regime to the
complicating factors introduced by the war on terror. In addition
to the editors, the contributors include Stephen Clingman, Jennifer
Daskal, Sara Kendall, Devin Pendas, and Annette Weinke.
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.
This powerful book offers the first detailed examination of the
law's response to the crimes of the Holocaust. In vivid prose it
offers a fascinating study of five exemplary proceedings-the
Nuremberg trial of the major Nazi war criminals, the Israeli trials
of Adolf Eichmann and John Demjanjuk, the French trial of Klaus
Barbie, and the Canadian trial of Holocaust denier Ernst Zundel.
These trials, the book argues, were "show trials" in the broadest
sense: they aimed to do justice both to the defendants and to the
history and memory of the Holocaust. With insight Lawrence Douglas
explores how prosecutors and jurors struggled to submit
unprecedented crimes to legal judgment, and in so doing, to
reconcile the interests of justice and pedagogy. Against the
attacks of such critics as Hannah Arendt, Douglas defends the
Nuremberg and Eichmann trials as imaginative, if flawed, responses
to extreme crimes. By contrast, he shows how the Demjanjuk and
Zundel trials turned into disasters of didactic legality,
obfuscating the very history they were intended to illuminate. In
their successes and shortcomings, Douglas contends, these
proceedings changed our understandings of both the Holocaust and
the legal process-revealing the value and limits of the criminal
trial as a didactic tool.
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