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]
Similar Items

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]
Similar Items

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.
Similar Items

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]
Similar Items

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]
Similar Items

Title: Japan under construction: corruption, politics, and public works 
Author: Woodall, Brian
Published: University of California Press,  1996
Subjects: Politics | Japan
Publisher's Description: In 1987, Japan excluded American firms from bidding on the multibillion-dollar New Kansai International Airport, sparking yet another trade dispute between the United States and Japan. The State Department, Congress, and the President himself were caught up in the dispute, which still smolders even after Congress passed a threatening resolution to retaliate. Scandal after scandal - both domestic and international - splashes across headlines in Japan, generating wave after wave of attempts at reform. Why is this industry so rife with bid-rigging, collusion, and pork-barrel politics? What are the political forces behind the industry? Brian Woodall answers these questions in this book, based on extensive research and over one hundred candid and revealing interviews with contractors, industry association officials, public works bureaucrats, elected politicians and aides, political party officials, journalists, and scholars.This inside view begins with a profile of the institutionalized system of bid-rigging in the public construction market. It explores the powerful positions of unelected bureaucrats, who are often hired by private-sector firms after retirement. Career politicians within the Liberal Democratic Party are revealed to use the construction industry to exploit party factions toward their own electoral ends. Recent events - the Sagawa affair and the massive "general contractors" (zenekon) scandal as well as the political reform movements that followed them - are examined in detail. Throughout, Brian Woodall illuminates the construction rift between Japan and the United States and demonstrates how international pressures were subverted within the shadowy domestic system. Japan Under Construction is must reading for anyone interested in Japanese politics, United States-Japan trade relations, and political corruption and reform anywhere in the world.   [brief]
Similar Items

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]
Similar Items

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]
Similar Items

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]
Similar Items

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]
Similar Items

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]
Similar Items

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]
Similar Items

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]
Similar Items

Title: Just interpretations: law between ethics and politics 
Author: Rosenfeld, Michel 1948-
Published: University of California Press,  1998
Subjects: American Studies | Social and Political Thought | Political Theory
Publisher's Description: In pluralistic societies that lack common ethical, social, and political values, legal interpretation is constantly under siege. Just interpretations - that is, interpretations that reflect a shared vision of justice - may become just interpretations in the sense of mere interpretations, rooted in the orientations and interests of different groups. Confronting this crisis in legal interpretation, Just Interpretations offers a critical appraisal of the principal theoretical trends in contemporary American and European jurisprudence and proposes an alternative approach.Michel Rosenfeld's critique focuses on neoformalism, pragmatism, discourse theory, and legal autopoiesis, and includes discussions of such authors as Habermas, Rorty, Posner, Luhmann, Dworkin, Fish, and Weinrib. To overcome the drawbacks of these theories, Rosenfeld elaborates a theory of "comprehensive pluralism," based on a substantive vision of pluralism. This approach, building on the insights of deconstruction, turns the fact of pluralism into a guiding normative imperative. Just Interpretations will attract the attention of constitutional scholars, political scientists, and critical theorists, and will also address an interdisciplinary audience interested in texts, interpretations, and postmodern concerns with justice.   [brief]
Similar Items

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]
Similar Items

Title: Habermas on law and democracy: critical exchanges
Author: Rosenfeld, Michel 1948-
Published: University of California Press,  1998
Subjects: Philosophy | Law | Politics
Publisher's Description: In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors - internationally prominent scholars in the fields of law, philosophy, and social theory - includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms . This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age.These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms . Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.   [brief]
Similar Items

Title: Looking at lovemaking: constructions of sexuality in Roman art, 100 B.C.-A.D. 250
Author: Clarke, John R 1945-
Published: University of California Press,  1998
Subjects: Art | Classics | Art and Architecture | Art History | History | Gender Studies
Publisher's Description: What did sex mean to the ancient Romans? In this lavishly illustrated study, John R. Clarke investigates a rich assortment of Roman erotic art to answer this question - and along the way, he reveals a society quite different from our own. Clarke reevaluates our understanding of Roman art and society in a study informed by recent gender and cultural studies, and focusing for the first time on attitudes toward the erotic among both the Roman non-elite and women. This splendid volume is the first study of erotic art and sexuality to set these works - many newly discovered and previously unpublished - in their ancient context and the first to define the differences between modern and ancient concepts of sexuality using clear visual evidence.Roman artists pictured a great range of human sexual activities - far beyond those mentioned in classical literature - including sex between men and women, men and men, women and women, men and boys, threesomes, foursomes, and more. Roman citizens paid artists to decorate expensive objects, such as silver and cameo glass, with scenes of lovemaking. Erotic works were created for and sold to a broad range of consumers, from the elite to the very poor, during a period spanning the first century B.C. through the mid-third century of our era. This erotic art was not hidden away, but was displayed proudly in homes as signs of wealth and luxury. In public spaces, artists often depicted outrageous sexual acrobatics to make people laugh. Looking at Lovemaking depicts a sophisticated, pre-Christian society that placed a high value on sexual pleasure and the art that represented it. Clarke shows how this culture evolved within religious, social, and legal frameworks that were vastly different from our own and contributes an original and controversial chapter to the history of human sexuality.   [brief]
Similar Items

Title: The political economy of mountain Java: an interpretive history 
Author: Hefner, Robert W 1952-
Published: University of California Press,  1990
Subjects: Anthropology | Asian History | Sociology | Cultural Anthropology | Southeast Asia | Politics
Similar Items

Title: Male colors: the construction of homosexuality in Tokugawa Japan
Author: Leupp, Gary P
Published: University of California Press,  1997
Subjects: History | GayLesbian and Bisexual Studies | Asian Studies | Asian History
Publisher's Description: Tokugawa Japan ranks with ancient Athens as a society that not only tolerated, but celebrated, male homosexual behavior. Few scholars have seriously studied the subject, and until now none have satisfactorily explained the origins of the tradition or elucidated how its conventions reflected class structure and gender roles. Gary P. Leupp fills the gap with a dynamic examination of the origins and nature of the tradition. Based on a wealth of literary and historical documentation, this study places Tokugawa homosexuality in a global context, exploring its implications for contemporary debates on the historical construction of sexual desire.Combing through popular fiction, law codes, religious works, medical treatises, biographical material, and artistic treatments, Leupp traces the origins of pre-Tokugawa homosexual traditions among monks and samurai, then describes the emergence of homosexual practices among commoners in Tokugawa cities. He argues that it was "nurture" rather than "nature" that accounted for such conspicuous male/male sexuality and that bisexuality was more prevalent than homosexuality. Detailed, thorough, and very readable, this study is the first in English or Japanese to address so comprehensively one of the most complex and intriguing aspects of Japanese history.   [brief]
Similar Items

Title: Real Indians: identity and the survival of Native America
Author: Garroutte, Eva Marie 1962-
Published: University of California Press,  2003
Subjects: Sociology | Native American Studies | Native American Ethnicity | History | American Studies
Publisher's Description: At the dawn of the twenty-first century, America finds itself on the brink of a new racial consciousness. The old, unquestioned confidence with which individuals can be classified (as embodied, for instance, in previous U.S. census categories) has been eroded. In its place are shifting paradigms and . . . [more]
Similar Items