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Vol. 20 (2005) through current issue
Canadian Journal of Law and Society / Revue canadienne droit et société seeks to promote and publish original research on law and normative orders understood as social phenomena. The Journal is interdisciplinary in scope, calling for a variety of perspectives and methods.
Vol. 17 (2005) through current issue
Launched in 1985, the Canadian Journal of Women and the Law/Revue Femmes et Droit is the only Canadian periodical devoted entirely to the publication and dissemination of multi-disciplinary scholarship in the expanding field of women's legal studies. The CJWL is incorporated as a non-profit organization with charitable status. The CJWL's readership includes lawyers, judges, law students, academics, government officials and others interested in women's equality. The CJWL's mandate is to provide an outlet for those wishing to explore the impact of law on women's social, economic and legal status, and on the general conditions of their lives.
The Journal promotes the expansion of women's legal scholarship into new areas of research and study, and it aims to increase the volume and improve the accessibility of legal scholarship by Canadian women, on specifically Canadian topics. Finally, the CJWL seeks to provide an important tool for activists, academics and others engaged in research and law reform efforts on behalf of women.
Retribution, Crime Prevention, and the Law
What ends do we expect and hope to serve in punishing criminal wrongdoers? Does the punishment of offenders do more harm than good for American society? In The Case against Punishment, Deirdre Golash addresses these and other questions about the value of punishment in contemporary society.
Drawing on both empirical evidence and philosophical literature, this book argues that the harm done by punishing criminal offenders is ultimately morally unjustified. Asserting that punishment inflicts both intended and unintended harms on offenders, Golash suggests that crime can be reduced by addressing social problems correlated with high crime rates, such as income inequality and local social disorganization. Punishment may reduce crime, but in so doing, causes a comparable amount of harm to offenders. Instead, Golash suggests, we should address criminal acts through trial, conviction, and compensation to the victim, while also providing the criminal with the opportunity to reconcile with society through morally good action rather than punishment.
Much of the modern world's knowledge of criminal court trials in the Late Roman Republic derives from the orations of Cicero. His eleven court trial speeches have provided information about the trials and the practices of the time period. Records of the prosecution's case are lost; these speeches, our only transcripts of the time, were delivered by the defense. The Case for the Prosecution in the Ciceronian Era attempts to restore the judicial balance by depicting the lost side of the trial. Guided by Cicero's argument, Michael C. Alexander recreates the prosecution's case against the defendants in the trials. Organized into eleven chapters, each detailing one trial, the core of the work discusses the different dimensions of each trial, the circumstances surrounding the cases, those involved, the legal charges and allegations made by the prosecution, the ways in which the prosecution might have countered Cicero's rebuttal and the outcome. There is also a discussion concerning particular problems the prosecution may have faced in preparing for the trial. This book reveals strong points in favor of the prosecution; justifies the hope of the prosecutor, a private citizen who had volunteered to undertake the case; and asks why the prosecutors believed they would come out victorious, and why they eventually failed. The Case for the Prosecution in the Ciceronian Era draws on ancient rhetorical theory and on Roman law to shed light on these events. It will interest historians and classicists interested in Ciceronian oratory and those intrigued by legal history. Michael C. Alexander is Associate Professor of History, University of Illinois, Chicago.
Lawyers, Society, and Politics in Barcelona, 1759-1900
Offering a window into the history of the modern legal profession in Western Europe, Stephen Jacobson presents a history of lawyers in the most industrialized city on the Mediterranean. Far from being mere curators of static law, Barcelona's lawyers were at the center of social conflict and political and economic change, mediating between state, family, and society.
Law, Politics, and the Humanitarian Impulse
From 9/11 to Katrina, from Darfur to the Minnesota bridge collapse, ours is an “age of catastrophe.” In this era, catastrophic events seem to have a revelatory quality: they offer powerful reminders of the fragility of our social and institutional architectures, making painfully evident vulnerabilities in our social organization that were otherwise invisible. By disrupting the operation of fundamental mechanisms and infrastructures of the social order, they lay bare the conditions that make our sense of normalcy possible. At a time when societies are directing an unprecedented level of resources and ingenuity to anticipating and mitigating catastrophic events, Catastrophe: Law, Politics, and the Humanitarian Impulse examines the tests that catastrophe poses to politics and humanitarianism as well as to the law. It explores legal, political, and humanitarian responses during times when the sudden, discontinuous, and disastrous event has become, perhaps paradoxically, a structural component of our political imagination. It asks whether law, politics, and humanitarianism live up to the tests posed by disaster, and the role all of them play in creating a more resilient world. Taken together the essays in this book ask us to see through and beyond the myths that surround catastrophe and our responses to it. They ask us to rethink our understanding of catastrophe and to imagine new legal, political, and humanitarian responses. In addition to the editors, contributors include Thomas Birkland, Michele Landis Dauber, Kim Fortun, Edward Rackley, Peter Redfield, Peter H. Schuck, and Susan Sterett.
"A day, an hour, of virtuous liberty is worth a whole eternity in bondage."
-Joseph Addison, Cato 1713
Joseph Addison was born in 1672 in Milston, Wiltshire, England. He was educated in the classics at Oxford and became widely known as an essayist, playwright, poet, and statesman. First produced in 1713, Cato, A Tragedy inspired generations toward a pursuit of liberty. Liberty Fund’s new edition of Cato: A Tragedy, and Selected Essays brings together Addison’s dramatic masterpiece along with a selection of his essays that develop key themes in the play.
Cato, A Tragedy is the account of the final hours of Marcus Porcius Cato (95–46 B.C.), a Stoic whose deeds, rhetoric, and resistance to the tyranny of Caesar made him an icon of republicanism, virtue, and liberty. By all accounts, Cato was an uncompromisingly principled man, deeply committed to liberty. He opposed Caesar’s tyrannical assertion of power and took arms against him. As Caesar’s forces closed in on Cato, he chose to take his life, preferring death by his own hand to a life of submission to Caesar.
Addison’s theatrical depiction of Cato enlivened the glorious image of a citizen ready to sacrifice everything in the cause of freedom, and it influenced friends of liberty on both sides of the Atlantic. Captain Nathan Hale’s last words before being hanged were, “I only regret that I have but one life to lose for my country,” a close paraphrase of Addison’s “What pity is it that we can die but once to serve our country!” George Washington found Cato such a powerful statement of liberty, honor, virtue, and patriotism that he had it performed for his men at Valley Forge. And Forrest McDonald says in his Foreword that “Patrick Henry adapted his famous ‘Give me liberty or give me death’ speech directly from lines in Cato.”
Despite Cato’s enormous success, Addison was perhaps best-known as an essayist. In periodicals like the Spectator, Guardian, Tatler, and Freeholder, he sought to educate England’s developing middle class in the habits, morals, and manners he believed necessary for the preservation of a free society. Addison’s work in these periodicals helped to define the modern English essay form. Samuel Johnson said of his writing, “Whoever wishes to attain an English style, familiar but not coarse, and elegant but not ostentatious, must give his days and nights to the study of Addison.”
Christine Dunn Henderson is a Senior Fellow at Liberty Fund. Prior to joining Liberty Fund in 2000, she was assistant professor of political science at Marshall University.
Mark E. Yellin, also a Fellow at Liberty Fund, received his Ph.D. from Rutgers University, has taught at North Carolina State University, and edited Douglass Adair’s Intellectual Origins of Jeffersonian Democracy.
Click here for a pdf of the Cato: A Tragedy brochure
Cultural and Institutional Crossings in the History of Anthropology
The terms "center" and "periphery" are particularly relevant to anthropologists, since traditionally they look outward from institutional "centers"-universities, museums, government bureaus-to learn about people on the "peripheries." Yet anthropology itself, as compared with economics, politics, or history, occupies a space somewhat on the margins of academe. Still, anthropologists, who control esoteric knowledge about the vast range of human variation, often find themselves in a theoretically central position, able to critique the "universal" truths promoted by other disciplines.
Central Sites, Peripheral Visions presents five case studies that explore the dilemmas, moral as well as political, that emerge out of this unique position. From David Koester's analysis of how ethnographic descriptions of Iceland marginalized that country's population, to Kath Weston's account of an offshore penal colony where officials mixed prison work with ethnographic pursuits; from Brad Evans's reflections on the "bohemianism" of both the Harlem vogue and American anthropology, to Arthur J. Ray's study of anthropologists who serve as expert witnesses in legal cases, the essays in the eleventh volume of the History of Anthropology Series reflect on anthropology's always problematic status as centrally peripheral, or peripherally central.
Finally, George W. Stocking, Jr., in a contribution that is almost a book in its own right, traces the professional trajectory of American anthropologist Robert Gelston Armstrong, who was unceremoniously expelled from his place of privilege because of his communist sympathies in the 1950s. By taking up Armstrong's unfinished business decades later, Stocking engages in an extended meditation on the relationship between center and periphery and offers "a kind of posthumous reparation," a page in the history of the discipline for a distant colleague who might otherwise have remained in the footnotes.
The Islamization of Law in Modern Indonesia
Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.