University of Michigan Press

Law, Meaning, and Violence

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Law, Meaning, and Violence

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The Jurisprudence of Emergency

Colonialism and the Rule of Law

Nasser Hussain

Hussain analyses the uses and the history of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. His study focuses on British colonialism in India from the late eighteenth to the early twentieth century to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the place of colonialism in modern law, depicting the colonies not as passive recipients but as agents in the interpretation and delineation of Western ideas and practices. Nasser Hussain is Professor of History at Amherst College.

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The Justice of Mercy

Linda Ross Meyer

Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize.. . . Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light. ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. The book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer, Ph.D., J.D., is Carmen Tortora Professor of Law at Quinnipiac University School of Law and President of the Association for the Study of Law, Culture, and Humanities.

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Law and the Postmodern Mind

Essays on Psychoanalysis and Jurisprudence

Peter Goodrich and David Gray Carlson, Editors

David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.

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Law Stories

Gary Bellow and Martha Minow, Editors

War stories is the phrase used by academic lawyers to disparage the ways practicing lawyers talk about their experiences. Gary Bellow and Martha Minow in Law Stories have gathered a group of stories that explore the actual experiences of clients and lawyers in concrete legal contexts. The essays in Law Stories are all first-person accounts of law problems and the way they were handled, written by lawyers involved in the problems. They offer the voice and insight of the self-reflective practitioner. As such they provide us with a dimension missing from many third-person accounts of cases, a layer of emotion and perspective on legal institutions experienced by people caught or working within them. Focusing on cases arising in public interest practices, the stories deal with problems arising from child custody, parental rights in a Head Start program, the consequences of large corporate bankruptcy for the corporation's retirees, juvenile crime, unemployment benefits, the rights of a victim of crime, the rights of welfare recipients, and the rights of small shareholders. These stories raise a variety of questions, including the nature and extent of the lawyer's role, the way the system listens to certain kinds of stories told in certain ways and refuses to hear other stories, how participation in the legal system affects the identity of those who are involved in it and how the popular image of law and legal processes differs from the reality depicted in these cases. This book will appeal to both practitioners and teachers of law as well as social scientists interested in studying the role and place of law in the system. The contributors include Anthony Alfieri, Gary Bellow, Lenora M. Lapidus, Alice and Staughton Lynd, Martha Minow, Nell Minow, Charles Ogletree, Abbe Smith, Lynne Weaver, and Lucie E. White. "[Law Stories will] enlighten not only law students but the general and professional public who will find these accounts as compelling as any work of popular fiction. Unhappily, these accounts of law's inadequacy as a vehicle for social justice are not fictions. . . ." --Law and Politics Book Review Gary Bellow and Martha Minow are Professors of Law, Harvard Law School.

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Legal Modernism

David Luban

Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.

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The Limits to Union

Same-Sex Marriage and the Politics of Civil Rights

Jonathan Goldberg-Hiller

Revised and updated to include the most current information on same-sex marriage, The Limits to Union documents a legal struggle at its moment of greatest historical importance. "The Limits to Union is a superb book about the complexities of recent political struggles over same-sex marriage. Goldberg-Hiller offers a sophisticated account of egalitarian rights advocacy and the reaction it has generated from established majorities animated by a 'new common sense' of exclusionary sovereign authority. The author's analysis is multidimensional and nuanced, but the core argument is bold, important, and well-supported. I recommend it very highly to everyone interested in understanding the character, possibilities, and constraints of civil rights amid our contemporary culture wars." -Michael McCann, author of Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization "In this excellent book, Goldberg-Hiller uses Hawaii's experience to examine the interaction between courts and the political system. . . . Relying on briefs, legislative statements, and interviews with activists from both sides of the question, he views this familiar debate . . . through the unfamiliar prism of gay marriage, which allows him to gauge the viability and the pliability of the American civil rights ideal, and how gay and lesbian issues fit (or don't fit) within that ideal." -Willian Heinzen, New York Law Journal "Goldberg-Hiller presents the history of the same-sex marriage question since it first sparked debate in Hawaii. He follows the shifting debate through court cases, state propositions, and state and federal legislatures, considering questions about the constitutionality of the Defense of Marriage Act and the concept of equal protection under the law for gays and lesbians. This detailed treatment of the legal issues surrounding same-sex marriages is highly recommended." -R. L. Abbott, University of Evansville "[A] valuable contribution to the field, situating the gay marriage debate in broader contexts of theory, law and practice. [S]ame-sex marriage is an important issue...that finds itself caught in the friction points of much larger debates over the nature of rights, the limits of sovereignty and the proper role of courts and law in a democratic society. The Limits to Union should therefore be of interest even to those who do not think of themselves as interested in gay and lesbian rights issues." -Evan Gerstmann, Loyola Marymount University, Law and Politics Book Review

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Lives of Lawyers Revisited

Transformation and Resilience in the Organizations of Practice

Michael J. Kelly

The past two decades have seen profound changes in the legal profession. Lives of Lawyers Revisited extends Michael Kelly’s work in the original Lives of Lawyers, offering unique insights into the nature of these changes, examined through stories of five extraordinarily varied law practices. By placing the spotlight on organizations as phenomena that generate their own logic and tensions, Lives of Lawyers Revisited speaks to the experience of many lawyers and anticipates important issues on the professional horizon. "Michael Kelly has done it again! His Lives of Lawyers Revisited is a very easy read about some very difficult notions like 'litigation blindness' and law as a business. It presents some fascinating perspectives on our profession." —J. Michael McWilliams, Past President, American Bar Association "The best single book about the American realities and possibilities of the American legal profession, combining an empathic and insightful account of law practice with a penetrating analysis of the wider context of professional work." —Marc Galanter, University of Wisconsin "Michael Kelly believes that professional values and conduct are not realized in codes, but in the experiences of practice, and that practice draws its routines and ideals from organizations. Through his studies of lawyers in various firms, closely observed and sympathetically described, Kelly reveals how differently organizations adapt to the intense pressures of today's practice environment. His method of linking individual life-experiences to organizational strategies and the external constraints of competition and client demands infuses realism and richness into the concept of professionalism and makes this one of the most interesting and original books on professions and professionalism to appear in years." —Robert W. Gordon, Yale Law School "In his two volumes of Lives of Lawyers, Michael Kelly explores legal ethics in an unusual, and unusually rewarding, way. Rather than focusing on rules or arguments, Kelly looks at the kind of lives lawyers lead. Ethics, Socrates thought, is about how to live one's life, and Kelly takes the Socratic question to heart. He explores the institutions lawyers work in and the choices they make. He writes with intelligence, great insight, and above all with heart. This is a superb book." —David Luban, Georgetown University Michael J. Kelly is President and Chairman of the Board of the National Senior Citizens Law Center, an advocacy group for older Americans of limited means.

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Pain, Death, and the Law

Austin Sarat, Editor

This collection of essays examines the relationship between pain, death, and the law and addresses the question of how the law constructs pain and death as jurisprudential facts. The empirical focus of these essays enables the reader to delve into both the history and the theoretical complexities of the pain-death-law relationship. The combination of the theoretical and the empirical broadens the contribution this volume will undoubtedly make to debates in which the right to live or die is the core issue at hand. This volume will be an important read for policy makers and legal practitioners and a valuable text for courses in law, the social sciences, and the humanities. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College.

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The Politics of Community Policing

Rearranging the Power to Punish

William Lyons

In this in-depth examination of community policing in Seattle, William T. Lyons, Jr. explores the complex issues associated with the establishment and operation of community policing, an increasingly popular method for organizing law enforcement in this country. Stories about community policing appeal to a nostalgic vision of traditional community life. Community policing carries with it the image of a safe community in which individual citizens and businesses are protected by police they know and who know them and their needs. However, it also carries an image of community based in partnerships that exclude the least advantaged, strengthen the police, and are limited to targeting those disorders feared by more powerful parts of the community and most amenable to intervention by professional law enforcement agencies. The author argues that the politics of community policing are found in the construction of competing and deeply contested stories about community and the police in environments characterized by power inbalances. Community policing, according to the author, colonizes community life, increasing the capacity of the police department to shield itself from criticism, while manifesting the potential for more democratic forms of social control as evidenced by police attention to individual rights and to impartial law enforcement. This book will be of interest to sociologists and political scientists interested in the study of community power and local politics as well as criminologists interested in the study of police. William T. Lyons, Jr. is Assistant Professor of Political Science, University of Akron. He previously worked for the Seattle Police Department.

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The Possibility of Popular Justice

A Case Study of Community Mediation in the United States

Sally Engle Merry and Neal Milner, Editors

The Possibility of Popular Justice is essential reading for scholars and practitioners of community mediation and should be very high on the list of anyone seriously concerned with dispute resolution in general. The book offers many rewards for the advanced student of law and society studies. --Law and Politics Book Review "These immensely important articles--fifteen in all--take several academic perspectives on the [San Francisco Community Boards] program's diverse history, impact, and implications for 'popular justice.' These articles will richly inform the program, polemical, and political perspectives of anyone working on 'alternative programs' of any sort." -- IARCA Journal "Few collections are so well integrated, analytically penetrating, or as readable as this fascinating account. It is a 'must read' for anyone interested in community mediation." --William M. O'Barr, Duke University "You do not have to be involved in mediation to appreciate this book. The authors use the case as a launching pad to evaluate the possibilities and 'impossibilities' of building community in complex urban areas and pursuing popular justice in the shadow of state law." --Deborah M. Kolb, Harvard Law School and Simmons College Sally Engle Merry is Professor of Anthropology, Wellesley College. Neal Milner is Professor of Political Science and Director of the Program on Conflict Resolution, University of Hawaii.

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