Title: Gypsy law: Romani legal traditions and culture
Author: Weyrauch, Walter O. (Walter Otto) 1919-
Published: University of California Press,  2001
Subjects: Law | Cultural Anthropology | Ethnic Studies | Sociology | European Studies | Political Theory
Publisher's Description: Approximately one thousand years ago Gypsies, or Roma, left their native India. Today Gypsies can be found in countries throughout the world, their distinct culture still intact in spite of the intense persecution they have endured. This authoritative collection brings together leading Gypsy and non-Gypsy scholars to examine the Romani legal system, an autonomous body of law based on an oral tradition and existing alongside dominant national legal networks. For centuries the Roma have survived by using defensive strategies, especially the absolute exclusion of gadje (non-Gypsies) from their private lives, their values, and information about Romani language and social institutions. Sexuality, gender, and the body are fundamental to Gypsy law, with rules that govern being pure (vujo) or impure (marime) . Women play an important role in maintaining legal customs, having the power to sanction and to contaminate, but they are not directly involved in legal proceedings. These essays offer a comparative perspective on Romani legal procedures and identity, including topics such as the United States' criminalization of many aspects of Gypsy law, parallels between Jewish and Gypsy law, and legal distinctions between Romani communities. The contributors raise broad theoretical questions that transcend the specific Gypsy context and offer important insights into understanding oral legal traditions. Together they suggest a theoretical framework for explaining the coexistence of formal and informal law within a single legal system. They also highlight the ethical dilemmas encountered in comparative law research and definitions of "human rights."   [brief]
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Title: Rethinking the borderlands: between Chicano culture and legal discourse 
Author: Gutiérrez-Jones, Carl Scott
Published: University of California Press,  1995
Subjects: American Studies | Chicano Studies | Literature | Language and Linguistics | Law | Social and Political Thought | Rhetoric | Postcolonial Studies | United States History | United States History
Publisher's Description: Challenging the long-cherished notion of legal objectivity in the United States, Carl Gutiérrez-Jones argues that Chicano history has been consistently shaped by racially biased, combative legal interactions. Rethinking the Borderlands is an insightful and provocative exploration of the ways Chicano and Chicana artists, writers, musicians, and filmmakers engage this history in order to resist the disenfranchising effects of legal institutions, including the prison and the court.Gutiérrez-Jones examines the process by which Chicanos have become associated with criminality in both our legal institutions and our mainstream popular culture and thereby offers a new way of understanding minority social experience. Drawing on gender studies and psychoanalysis, as well as critical legal and race studies, Gutiérrez-Jones's approach to the law and legal discourse reveals the high stakes involved when concepts of social justice are fought out in the home, in the workplace and in the streets.   [brief]
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Title: Songs without music: aesthetic dimensions of law and justice
Author: Manderson, Desmond
Published: University of California Press,  2000
Subjects: Law | Philosophy | Ethics | Social and Political Thought | Intellectual History
Publisher's Description: In this pathbreaking and provocative analysis of the aesthetics of law, the historian, legal theorist, and musician Desmond Manderson argues that by treating a text, legal or otherwise, as if it were merely a sequence of logical propositions, readers miss its formal and symbolic meanings. Creatively using music as a model, he demonstrates that law is not a sterile, rational structure, but a cultural form to be valued and enhanced through rhetoric and metaphors, form, images, and symbols. To further develop this argument, the book is divided into chapters, each of which is based on a different musical form. Law, for Manderson, should strive for neither coherence nor integrity. Rather, it is imperfectly realized, constantly reinterpreted, and always in flux. Songs without Music is written in an original, engaging, and often humorous style, and exhibits a deep knowledge of both law and music. It successfully traverses several disciplines and builds an original and persuasive argument for a legal aesthetic. The book will appeal to a broad readership in law, political theory, literary criticism, and cultural studies.   [brief]
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Title: In the house of the law: gender and Islamic law in Ottoman Syria and Palestine
Author: Tucker, Judith E
Published: University of California Press,  1998
Subjects: History | Middle Eastern History | Law | Islam | Women's Studies | Middle Eastern Studies | Islam
Publisher's Description: In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwa s, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.   [brief]
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Title: Aesthetics and analysis in writing on religion: modern fascinations
Author: Gold, Daniel
Published: University of California Press,  2003
Subjects: Religion | Comparative Religions
Publisher's Description: This book addresses a fundamental dilemma in religious studies. Exploring the tension between humanistic and social scientific approaches to thinking and writing about religion, Daniel Gold develops a line of argument that begins with the aesthetics of academic writing in the field. He shows that successful writers on religion employ characteristic aesthetic strategies in communicating their visions of human truths. Gold examines these strategies with regard to epistemology and to the study of religion as a collective endeavor.   [brief]
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Title: Revenge of the aesthetic: the place of literature in theory today 
Author: Clark, Michael 1950-
Published: University of California Press,  2000
Subjects: Literature | Literary Theory and Criticism | Philosophy
Publisher's Description: This cutting-edge collection of essays showcases the work of some of the most influential theorists of the past thirty years as they grapple with the question of how literature should be treated in contemporary theory. The contributors challenge trends that have recently dominated the field--especially those that emphasize social and political issues over close reading and other analytic methods traditionally associated with literary criticism. Written especially for this collection, these essays argue for the importance of aesthetics, poetics, and aesthetic theory as they present new and stimulating perspectives on the directions which theory and criticism will take in the future. In addition to providing a selection of distinguished critics writing at their best, this collection is valuable because it represents a variety of fields and perspectives that are not usually found together in the same volume. Michael Clark's introduction provides a concise, cogent history of major developments and trends in literary theory from World War II to the present, making the entire volume essential reading for students and scholars of literature, literary theory, and philosophy.   [brief]
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Title: Legal hermeneutics: history, theory, and practice 
Author: Leyh, Gregory
Published: University of California Press,  1992
Subjects: Politics | Political Theory | Postcolonial Studies | Law | Language and Linguistics
Publisher's Description: Interpretation of the law is based on assumptions about the nature of texts, language, and the act of interpretation itself. These fourteen new essays trace the origin of these assumptions, examine their philosophical implications, and extend legal interpretation in new and constructive directions.
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Title: Light moving in time: studies in the visual aesthetics of avant-garde film 
Author: Wees, William C. (William Charles) 1935-
Published: University of California Press,  1992
Subjects: Cinema and Performance Arts | Film
Publisher's Description: To view a film is to see another's seeing mediated by the technology and techniques of the camera. By manipulating the cinematic apparatus in unorthodox ways, avant-garde filmmakers challenge the standardized versions of seeing perpetuated by the dominant film industry and generate ways of seeing that are truer to actual human vision.Beginning with the proposition that the images of cinema and vision derive from the same basic elements - light, movement, and time - Wees argues that cinematic apparatus and human visual apparatus have significant properties in common. For that reason they can be brought into a dynamic, creative relationship which the author calls the dialectic of eye and camera. The consequences of this relationship are what Wees explores.Although previous studies have recognized the visual bias of avant-garde film, this is the first to place the visual aesthetics of avant-garde film in a long-standing, multidisciplinary discourse on vision, visuality, and art.   [brief]
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Title: The prince and the law, 1200-1600: sovereignty and rights in the western legal tradition
Author: Pennington, Kenneth
Published: University of California Press,  1993
Subjects: History | Medieval History | Law
Publisher's Description: The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition.Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty."This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.   [brief]
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Title: Morality tales: law and gender in the Ottoman court of Aintab
Author: Peirce, Leslie P
Published: University of California Press,  2003
Subjects: History | Middle Eastern Studies | Middle Eastern History | Gender Studies
Publisher's Description: In this skillful analysis, Leslie Peirce delves into the life of a sixteenth-century Middle Eastern community, bringing to light the ways that women and men used their local law court to solve personal, family, and community problems. Examining one year's proceedings of the court of Aintab, an Anatolian city that had recently been conquered by the Ottoman sultanate, Peirce argues that local residents responded to new opportunities and new constraints by negotiating flexible legal practices. Their actions and the different compromises they reached in court influenced how society viewed gender and also created a dialogue with the ruling regime over mutual rights and obligations. Locating its discussion of gender and legal issues in the context of the changing administrative practices and shifting power relations of the period, Morality Tales argues that it was only in local interpretation that legal rules acquired vitality and meaning.   [brief]
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Title: The vestal and the fasces: Hegel, Lacan, property, and the feminine 
Author: Schroeder, Jeanne Lorraine
Published: University of California Press,  1998
Subjects: Law | Philosophy | Gender Studies
Publisher's Description: In this feminist exploration of the erotics of the marketplace, Hegel's notion of property and Lacan's idea of the phallus serve parallel functions in creating the subjectivity necessary for self-actualization. Subjectivity requires intersubjective relationships mediated through a regime of possessing, enjoying, and exchanging an object of desire. For Hegel, this regime is property; for Lacan, it is sexuality, symbolized by the Phallus, which we conflate with the male organ and the female body. Property law, in Jeanne Schroeder's account, is implicitly figured by similar anatomical metaphors for that which men wish to possess and that which women try to be and enjoy. This is reflected in imagery taken from ancient Rome - the axe and bundle of sticks known as the Fasces, and the virgin priestess called the Vestal.Schroeder traces the persistence of phallic metaphors in modern jurisprudence. Rejecting the dominant schools of legal feminism, she reconceptualizes property - the legal relationship as well as its not necessarily material object - as a necessary moment in the human struggle for love and recognition. The Feminine, for Schroeder, is the radical negativity at the heart of both Lacan's split subject and Hegel's concept of freedom. Feminine emancipation and private property are, therefore, equally necessary conditions for the actualization of the free individual and the just society. Feminist scholars, social theorists, political scientists, philosophers, and lawyers will find in Schroeder's analysis scintillating new perspectives on property theory and the feminine within the market and the law.   [brief]
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Title: In Search of equality: the Chinese struggle against discrimination in nineteenth-century America
Author: McClain, Charles J
Published: University of California Press,  1994
Subjects: Law | California and the West | History | United States History | Californian and Western History | American Studies | Asian American Studies
Publisher's Description: Charles McClain's illuminating new study probes Chinese efforts to battle manifold discrimination - in housing, employment, and education - in nineteenth-century America. Challenging the stereotypical image of a passive, insular group, McClain reveals a politically savvy population capable of mobilizing to fight mistreatment. He draws on English- and Chinese-language documents and rarely studied sources to chronicle the ways the Chinese sought redress and change in American courts.McClain focuses on the San Francisco Bay Area, the home of almost one-fifth of the fifty thousand Chinese working in California in 1870. He cites cases in which Chinese laundrymen challenged the city of San Francisco's discriminatory building restrictions, and lawsuits brought by parents to protest the exclusion of Chinese children from public schools. While vindication in the courtroom did not always bring immediate change (Chinese schoolchildren in San Francisco continued to be segregated well into the twentieth century), the Chinese community's efforts were instrumental in establishing several legal landmarks.In their battles for justice, the Chinese community helped to clarify many judicial issues, including the parameters of the Fourteenth Amendment and the legal meanings of nondiscrimination and equality. Discussing a wide range of court cases and gleaning their larger constitutional significance, In Search of Equality brings to light an important chapter of American cultural and ethnic history. It should attract attention from American and legal historians, ethnic studies scholars, and students of California culture.   [brief]
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Title: Fascist spectacle: the aesthetics of power in Mussolini's Italy
Author: Falasca-Zamponi, Simonetta 1957-
Published: University of California Press,  1997
Subjects: History | European History | Popular Culture | European Studies | Politics
Publisher's Description: This richly textured cultural history of Italian fascism traces the narrative path that accompanied the making of the regime and the construction of Mussolini's power. Simonetta Falasca-Zamponi reads fascist myths, rituals, images, and speeches as texts that tell the story of fascism. Linking Mussolini's elaboration of a new ruling style to the shaping of the regime's identity, she finds that in searching for symbolic means and forms that would represent its political novelty, fascism in fact brought itself into being, creating its own power and history.Falasca-Zamponi argues that an aesthetically founded notion of politics guided fascist power's historical unfolding and determined the fascist regime's violent understanding of social relations, its desensitized and dehumanized claims to creation, its privileging of form over ethical norms, and ultimately its truly totalitarian nature.   [brief]
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Title: Lawyers, lawsuits, and legal rights: the battle over litigation in American society 
Author: Burke, Thomas Frederick
Published: University of California Press,  2002
Subjects: Politics | Law
Publisher's Description: Lawsuits over coffee burns, playground injuries, even bad teaching: litigation "horror stories" create the impression that Americans are greedy, quarrelsome, and sue-happy. The truth, as this book makes clear, is quite different. What Thomas Burke describes in Lawyers, Lawsuits, and Legal Rights is a nation not of litigious citizens, but of litigious policies - laws that promote the use of litigation in resolving disputes and implementing public policies. This book is a cogent account of how such policies have come to shape public life and everyday practices in the United States. As litigious policies have proliferated, so have struggles to limit litigation - and these struggles offer insight into the nation's court-centered public policy style. Burke focuses on three cases: the effort to block the Americans with Disabilities Act; an attempt to reduce accident litigation by creating a no-fault auto insurance system in California; and the enactment of the Vaccine Injury Compensation Act. These cases suggest that litigious policies are deeply rooted in the American constitutional tradition. Burke shows how the diffuse, divided structure of American government, together with the anti-statist ethos of American political culture, creates incentives for political actors to use the courts to address their concerns. The first clear and comprehensive account of the national politics of litigation, his work provides a new way to understand and address the "litigiousness" of American society.   [brief]
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Title: Toward a definition of antisemitism
Author: Langmuir, Gavin I
Published: University of California Press,  1996
Subjects: History | Medieval History | Judaism
Publisher's Description: Toward a Definition of Antisemitism offers new contributions by Gavin I. Langmuir to the history of antisemitism, together with some that have been published separately. The collection makes Langmuir's innovative work on the subject available to scholars in medieval and Jewish history and religious studies. The underlying question that unites the book is: what is antisemitism, where and when did it emerge, and why? After two chapters that highlight the failure of historians until recently to depict Jews and attitudes toward them fairly, the majority of the chapters are historical studies of crucial developments in the legal status of Jews and in beliefs about them during the Middle Ages. Two concluding chapters provide an overview. In the first, the author summarizes the historical developments, indicating concretely when and where antisemitism as he defines it emerged. In the second, Langmuir criticizes recent theories about prejudice and racism and develops his own general theory about the nature and dynamics of antisemitism.   [brief]
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Title: Contesting citizenship in urban China: peasant migrants, the state, and the logic of the market
Author: Solinger, Dorothy J
Published: University of California Press,  1999
Subjects: Politics | China | Anthropology | Labor Studies | Demography | Asian History
Publisher's Description: Post-Mao market reforms in China have led to a massive migration of rural peasants toward the cities. Officially denied residency in the cities, the over 80 million members of this "floating population" provide labor for the economic boom in urban areas but are largely denied government benefits that city residents receive. In an incisive and original study that goes against the grain of much of the current discussion on citizenship, Dorothy J. Solinger challenges the notion that markets necessarily promote rights and legal equality in any direct or linear fashion.   [brief]
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Title: It did happen here: recollections of political repression in America
Author: Schultz, Ruth
Published: University of California Press,  1990
Subjects: Politics | Sociology | American Studies | United States History
Publisher's Description: In this moving book, two skilled oral historians collect the words of Americans who have been victims of political repression in their own country. Disturbing and provocative, It Did Happen Here is must-reading for everyone who cares about protecting the rights and liberties upon which this country . . . [more]
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Title: Orientalist aesthetics: art, colonialism, and French North Africa, 1880-1930
Author: Benjamin, Roger 1957-
Published: University of California Press,  2003
Subjects: Art | Art History | French Studies
Publisher's Description: Lavishly illustrated with exotic images ranging from Renoir's forgotten Algerian oeuvre to the abstract vision of Matisse's Morocco and beyond, this book is the first history of Orientalist art during the period of high modernism. Roger Benjamin, drawing on a decade of research in untapped archives, introduces many unfamiliar paintings, posters, miniatures, and panoramas and discovers an art movement closely bound to French colonial expansion. Orientalist Aesthetics approaches the visual culture of exoticism by ranging across the decorative arts, colonial museums, traveling scholarships, and art criticism in the Salons of Paris and Algiers. Benjamin's rediscovery of the important Society of French Orientalist Painters provides a critical context for understanding a lush body of work, including that of indigenous Algerian artists never before discussed in English. The painter-critic Eugène Fromentin tackled the unfamiliar atmospheric conditions of the desert, Etienne Dinet sought a more truthful mode of ethnographic painting by converting to Islam, and Mohammed Racim melded the Persian miniature with Western perspective. Benjamin considers armchair Orientalists concocting dreams from studio bric-à-brac, naturalists who spent years living in the oases of the Sahara, and Fauve and Cubist travelers who transposed the discoveries of the Parisian Salons to create decors of indigenous figures and tropical plants. The network that linked these artists with writers and museum curators was influenced by a complex web of tourism, rapid travel across the Mediterranean, and the march of modernity into a colonized culture. Orientalist Aesthetics shows how colonial policy affected aesthetics, how Europeans visualized cultural difference, and how indigenous artists in turn manipulated Western visual languages.   [brief]
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Title: Jews in the notarial culture: Latinate wills in Mediterranean Spain, 1250-1350 
Author: Burns, Robert Ignatius
Published: University of California Press,  1996
Subjects: Medieval Studies | Judaism | Jewish Studies | European History | Law | Medieval History
Publisher's Description: In the rapidly transforming world of thirteenth-century Mediterranean Spain, the all-purpose scribe and contract lawyer known as the notary became a familiar figure. Most legal transactions of the Roman Law Renaissance were framed in this functionary's notoriously hasty shorthand. Notarial archives, then, offer a remarkable window on the daily life of this pluri-ethnic society. Robert I. Burns brings together the testimony of a multitude of documents, and transcribes in full nearly fifty will-related charters prepared by notaries, to give a never-before-seen view of Jewish society in that place and time.Wills can display the religious conscience, ethical institutions, social mobility, and property dynamics of whole groups or regions. Even a single testament allows a glimpse into the testator's family and into the life and times of the living person. Burns devotes special attention to women in wills and to women's wills, extracting rich information on medieval women and gender relationships.While learning much about the role of kings and courts and the dynamics of Christian-Jewish relations, the reader also gains rare insights into a unique Jewish community.   [brief]
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Title: The Japanese conspiracy: the Oahu sugar strike of 1920 
Author: Duus, Masayo 1938-
Published: University of California Press,  1999
Subjects: History | Asian American Studies | American Studies | United States History | Labor Studies
Publisher's Description: In early 1920 in Hawaii, Japanese sugar cane workers, faced with spiraling living expenses, defiantly struck for a wage increase to $1.25 per day. The event shook the traditional power structure in Hawaii and, as Masayo Duus demonstrates in this book, had consequences reaching all the way up to the eve of World War II.By the end of World War I, the Hawaiian Islands had become what a Japanese guidebook called a "Japanese village in the Pacific," with Japanese immigrant workers making up nearly half the work force on the Hawaiian sugar plantations. Although the strikers eventually capitulated, the Hawaiian territorial government, working closely with the planters, cracked down on the strike leaders, bringing them to trial for an alleged conspiracy to dynamite the house of a plantation official. And to end dependence on Japanese immigrant labor, the planters lobbied hard in Washington to lift restrictions on the immigration of Chinese workers. Placing the event in the context of immigration history as well as diplomatic history, Duus argues that the clash between the immigrant Japanese workers and the Hawaiian oligarchs deepened the mutual suspicion between the Japanese and United States governments. Eventually, she demonstrates, this suspicion led to the passage of the so-called Japanese Exclusion Act of 1924, an event that cast a long shadow into the future.Drawing on both Japanese- and English-language materials, including important unpublished trial documents, this richly detailed narrative focuses on the key actors in the strike. Its dramatic conclusions will have broad implications for further research in Asian American studies, labor history, and immigration history.   [brief]
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