Cover

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Frontmatter

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Contents

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p. vii

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Writing History and Registering Memory in Legal Decisions and Legal Practices: An Introduction

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pp. 1-24

Generally when scholars talk about the relationship between history, memory, and law, the latter is thought of solely as a passive object of historical change.1 Legal history is regarded as the study of the forces that have shaped law...

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Forms of Judicial Blindness: Traumatic Narratives and Legal Repetitions

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pp. 25-93

This essay will propose a theory of legal repetition, based on a comparative structural interpretation of a legal case and of a fictional, imaginary story written by one of the great writers of all times. I will attempt to integrate a literary vision with a legal vision, with the intention of confronting evidence in law and evidence in art. The case in the...

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Memory, Law, and Literature: The Cases of Flaubert and Baudelaire

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pp. 95-130

One is supposed to remember the law, since ignorance of it is no defense. Whether Flaubert remembered the law against "outrage to accused of infringing, is moot, but he was brought to trial nonetheless. Indeed his trial was intended to serve as a lesson to others and to increase the likelihood that they would remember the law. Baudelaire...

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Collective Memory and the Nineteenth Amendment: Reasoning about “The Woman Question” in the Discourse of Sex Discrimination

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pp. 131-182

At a recent conference on affirmative action, I was struck by a characteristic, if not defining, feature of American conversations about race. Claims about race discrimination are located in national and constitutional...

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Held in the Bodv of the State: Prisons and the Law

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pp. 183-247

Legitimacy, reasonableness, and necessity. These words recur throughout the Code Noir of the French islands, the West Indian slave laws of the eighteenth century, the black codes of the American South, and contemporary legal...

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Stigmas, Badges, and Brands: Discriminating Marks in Legal History

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pp. 249-281

In his infamous opInIon in Dred Scott Justice Roger Brooke Taney denied United States citizenship to all blacks, free or slave. Various discriminatory legislation enacted by states against free blacks had, he claimed, "stigmatized" them...

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Analogical Reasoning and Historical Change in Law: The Regulation of Film and Radio Speech

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pp. 283-317

Two recurrent questions have surfaced in the efforts of scholars to arrive at a more precise formulation of the relationship of law to its social context. Are legal doctrines and legal institutions the equivalent of cultural artifacts, embodying....

Contributors

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p. 319

Index

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pp. 321-328