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Law And The Stranger

Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 9780804775151
Size: 46.30 MB
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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.

Law And The Utopian Imagination

Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804791864
Size: 71.20 MB
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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.

The Secrets Of Law

Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 080478390X
Size: 37.83 MB
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The Secrets of Law explores the ways law both traffics in and regulates secrecy. Taking a close look at the opacity built into legal and governance processes, it explores the ways law produces zones of secrecy, the relation between secrecy and justice, and how we understand the inscrutability of law's processes. The first half of the work examines the role of secrecy in contemporary political and legal practices—including the question of transparency in democratic processes during the Bush Administration, the principle of public justice in England's response to the war on terror, and the evidentiary law of spousal privilege. The second half of the book explores legal, literary, and filmic representations of secrets in law, focusing on how knowledge about particular cases and crimes is often rendered opaque to those attempting to access and decode the information. Those invested in transparency must ultimately cultivate a capacity to read between the lines, decode the illegible, and acknowledge both the virtues and dangers of the unknowable.

Law And War

Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804788863
Size: 51.73 MB
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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

Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804781575
Size: 36.57 MB
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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.

The Jurisprudence Of Emergency

Author: Nasser Hussain
Publisher: Univ of Michigan Pr
ISBN:
Size: 37.30 MB
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Explores the intricate and delicate relationship between the concepts of a rule of law and emergency

Lives Of Lawyers Revisited

Author: Michael J. Kelly
Publisher: Univ of Michigan Pr
ISBN: 9780472099634
Size: 28.97 MB
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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.

Punishment And Political Order

Author: Keally D. McBride
Publisher: Univ of Michigan Pr
ISBN: 9780472099825
Size: 55.50 MB
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Most of us think of punishment as an ugly display of power. But punishment also tells us something about the ideals and aspirations of a people and their government. How a state punishes reveals whether or not it is confident in its own legitimacy and sovereignty. Punishment and Political Order examines the questions raised by the state’s exercise of punitive power—from what it is about human psychology that desires sanction and order to how the state can administer pain while calling for justice. Keally McBride's book demonstrates punishment's place at the core of political administration and the stated ideals of the polity. "From start to finish this is a terrific, engaging book. McBride offers a fascinating perspective on punishment, calling attention to its utility in understanding political regimes and their ideals. She succeeds in reminding us of the centrality of punishment in political theory and, at the same time, in providing a framework for understanding contemporary events. I know of no other book that does as much to make the subject of punishment so compelling." —Austin Sarat, Amherst College "Punishment and Political Order will be welcome reading for anyone interested in understanding law in society, punishment and political spectacle, or governing through crime control. This is a clear, accessible, and persuasive examination of punishment—as rhetoric and reality. Arguing that punishment is a complex product of the social contract, this book demonstrates the ways in which understanding the symbolic power and violence of the law provides analytical tools for examining the ideological function of prison labor today, as well as the crosscutting and contingent connections between language and identity, legitimation and violence, sovereignty and agency more generally." —Bill Lyons, Director, Center for Conflict Management, University of Akron "Philosophical explorations of punishment have often stopped with a theory of responsibility. McBride's book moves well beyond this. It shows that the problem of punishment is a central issue for any coherent theory of the state, and thus that punishment is at the heart of political theory. This is a stunning achievement." —Malcolm M. Feeley, University of California at Berkeley Keally McBride is Assistant Professor of Politics at the University of San Francisco.

Communities And Law

Author: Gad Barzilai
Publisher: University of Michigan Press
ISBN:
Size: 63.34 MB
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DIVCommunities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. /divDIVGad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. /divDIVGad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University. /div