Title: American literary realism and the failed promise of contract 
Author: Thomas, Brook
Published: University of California Press,  1997
Subjects: Literature | American Literature | American Studies | Law | United States History
Publisher's Description: In law, the late nineteenth century is often called the Age of Contract; in literature, the Age of Realism. Brook Thomas's new book brings contract and realism together to offer groundbreaking insights into both while exploring the social and cultural crises that accompanied America's transition from industrial capitalism to the corporate capitalism of the twentieth century.Thomas argues that, radically conceived, contract promised to generate an equitable social order - one organized around interpersonal exchange rather than conformity to a transcendental standard. But as the idea of contract took center stage in American culture after the Civil War, the law failed to deliver on this promise, instead legitimating hierarchies of race, class, and gender. Moving expertly from legal analysis to social history, to profoundly recontextualized literary critique, Thomas shows how writers like Twain, James, Howells, and Chopin took up contract as a model, formally and thematically, evoking its possibilities and dramatizing its failures.Thomas investigates a host of issues at the forefront of public debate in the nineteenth century: race and the meaning of equality, miscegenation, marriage, labor unrest, economic transformation, and changes in notions of human agency and subjectivity. Cross-examining a wide range of key literary and legal texts, he rethinks the ways they relate to each other and to their social milieu.As recent political rhetoric demonstrates, the promise of contract is still very much alive. American Literary Realism and the Failed Promise of Contract challenges conventional critical wisdom and makes a broad, provocative, and nuanced contribution to legal and literary studies, as well as to intellectual and social history. It promises to revise and enrich our understanding of American culture, law, and letters.   [brief]
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Title: "Beyond reasonable doubt" and "probable cause": historical perspectives on the Anglo-American law of evidence 
Author: Shapiro, Barbara J
Published: University of California Press,  1991
Subjects: History | European History | United States History | Rhetoric | Law
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Title: Broken tablets: the cult of the law in French art from David to Delacroix 
Author: Ribner, Jonathan P
Published: University of California Press,  1993
Subjects: Art | Art History | French Studies | European Literature | European History | Law
Publisher's Description: In this first study of art, law, and the legislator, Jonathan Ribner provides a revealing look at French art from 1789 to 1848, the period in which constitutional law was established in France. Drawing on several disciplines, he discusses how each of the early constitutional regimes in France used imagery suggesting the divine origin and sacred character of its laws.Primarily a study of art and politics, Broken Tablets discusses painting, sculpture, prints, and medals (many reproduced here for the first time), as well as contemporary literature, including the poetry of Alfred de Vigny, Alphonse de Lamartine, and Victor Hugo. Ribner assesses the ways in which legislation imagery became an instrument of political propaganda, and he clearly illuminates the cult of the law as it became personalized under Napoleon, monarchist under the Restoration, and defensive under Louis-Phillipe.   [brief]
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Title: The cigarette papers 
Author: Glantz, Stanton A
Published: University of California Press,  1998
Subjects: Politics | Medicine | Public Policy | Law | United States History
Publisher's Description: Around-the-clock tobacco talks, multibillion-dollar lawsuits against the major cigarette companies, and legislative wrangling over how much to tax a pack of cigarettes - these are some of the most recent episodes in the war against the tobacco companies. The Cigarette Papers shows what started it all: revelations that tobacco companies had long known the grave dangers of smoking, and did nothing about it.In May 1994 a box containing 4,000 pages of internal tobacco industry documents arrived at the office of Professor Stanton Glantz at the University of California, San Francisco. The anonymous source of these "cigarette papers" was identified only as "Mr. Butts." These documents provide a shocking inside account of the activities of one tobacco company, Brown & Williamson, over more than thirty years. Quoting extensively from the documents themselves and analyzing what they reveal, The Cigarette Papers shows what the tobacco companies have known and galvanizes us to take action.   [brief]
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Title: A democratic South Africa?: constitutional engineering in a divided society 
Author: Horowitz, Donald L
Published: University of California Press,  1991
Subjects: Politics | African Studies | Sociology | Law
Publisher's Description: Can a society as deeply divided as South Africa become democratic? In a most timely work, Donald L. Horowitz, author of the acclaimed Ethnic Groups in Conflict , points to the conditions that make democracy an improbable outcome in South Africa. At the same time, he identifies ways to overcome these obstacles, and he describes institutions that offer constitution makers the best chance for a democratic future.South Africa is generally considered an isolated case, a country unlike any other. Drawing on his extensive experience of racially and ethnically divided societies, however, Horowitz brings South Africa back into African and comparative politics. Experience gained in Nigeria, Botswana, Zimbabwe, and other divided societies around the world is relevant because, as South Africa leaves apartheid behind, it will still confront problems of pluralism: racial, ethnic, and ideological. Countries like South Africa, Horowitz argues, must develop institutions capable of coping with such divisions.Reviewing an array of constitutional proposals for South Africa - group rights, consociation, partition, binationalism, and an enhanced role for the judiciary - Horowitz shows that most are inappropriate for the country's problems, or else run afoul of some major ideological taboo. Institutions that are both apt and acceptable do exist, however. These are premised on the need to create incentives for accommodation across group lines. In the final chapter, Horowitz makes a major contribution to the theory of democratization as he considers how commitments to democracy might be extracted even from political groups with undemocratic objectives.Ranging skillfully across studies of social distance and stereotypes, electoral and party systems, constitutions and judiciaries, conflict and accommodation, and negotiation and democratization, Horowitz displays a broad comparative vision. His innovative study will change the way theorists and practitioners approach the task of making democracy work in difficult conditions.   [brief]
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Title: The fourth estate and the Constitution: freedom of the press in America 
Author: Powe, L. A. Scot
Published: University of California Press,  1992
Subjects: Law | Politics | American Studies | Media Studies
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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: Judgement in Jerusalem: Chief Justice Simon Agranat and the Zionist century 
Author: Lahav, Pnina 1945-
Published: University of California Press,  1997
Subjects: Jewish Studies | Law | History
Publisher's Description: Simon Agranat (1906-1992) was the third chief justice of the Israeli Supreme Court and a founding father of Israeli law. Born in Louisville, Kentucky, and educated at the University of Chicago, Agranat brought U.S. progressivism and constitutionalism to Israeli legal soil. Agranat laid the foundation for Israel's bill of rights and took part in nearly every important Israeli legal and political issue of this century. Pnina Lahav's rewarding study of Simon Agranat portrays Israeli history through the lens of judicial opinions. It is based on her extensive interviews with the justice before his death and a close examination of his papers. A major theme in her book is the relationship between Agranat's world view and landmark Israeli Supreme Court opinions, and she tells the compelling story of a visionary jurist and an American pursuing his Zionist dream in Palestine. Here, too, is an illuminating view of Israeli history and legal culture that includes the Arab-Israeli conflict, the Holocaust, the symbiosis between religion and the Jewish state, and the tensions within Zionism itself. Lahav also details the thinking behind Agranat's 1962 decision to convict Adolph Eichmann and the justice's dissent in the "Who Is a Jew?" case in 1970.This is the first biography of the man who made both a geographical and a psychological journey from the United States to Jerusalem. In demonstrating the influences of one culture on another, Judgment in Jerusalem provides important insights into Israeli law and politics and into the complex processes that form a national identity.   [brief]
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Title: Justice in South Africa, 
Author: Sachs, Albie 1935-
Published: University of California Press,  1973
Subjects: African Studies | Politics | Law
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Title: Law and the order of culture 
Author: Post, Robert 1947-
Published: University of California Press,  1991
Subjects: Law | United States History | Literary Theory and Criticism | Postcolonial Studies | Gender Studies
Publisher's Description: Law and the Order of Culture is an outstanding collection of essays that explores the cultural creation of legal meaning, addressing interpretive processes within the law as well as the social constitution of legal doctrine. Originally published in Representations , these essays are at the center of the "law and literature" movement which exemplifies a burgeoning literature in feminist jurisprudence, critical legal studies, and other work that has focused on law as evidence of cultural orderings. For this edition Robert Post has written a new introduction, proposing an analytic framework for this literature and discussion of the seven essays contained within the book.Ranging over a variety of interdisciplinary perspectives, the contributors to the volume address such central issues as the construction of legal normativity, interpretive theory and practice in constitutional law, the function of legal metaphors, the interpretive foundations of the law/fact distinction, and the role of politics in contemporary critical legal studies. Law and the Order of Culture will attract a broad and eclectic readership across many disciplines.   [brief]
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Title: Lawyers in society [computer file]: an overview 
Author: Abel, Richard L
Published: University of California Press,  1996
Subjects: Law | Sociology | Politics
Publisher's Description: Among all those who encounter the law in the conduct of their lives or who consider it as a career, few have a solid understanding of the legal profession in America, and fewer still know anything about systems in other parts of the world. Lawyers in Society offers a concise comparative introduction to the practice of law in a number of countries: England, Germany, Japan, Venezuela, and Belgium.Extracted from the editors' three highly successful volumes Lawyers in Society , these essays guide readers through the differing worlds of civil and common law, law in Europe and Asia, and first and third world legal systems. One contribution addresses the changing role of women in the profession - women comprise half of all new lawyers in most countries - and the changes they are bringing. A new introduction and concluding essay reflect on the place of this volume in current and future research.   [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: 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: The longest night: polemics and perspectives on election 2000 
Author: Jacobson, Arthur J
Published: University of California Press,  2002
Subjects: Politics | Social and Political Thought | Law
Publisher's Description: The American presidential election of 2000 was perhaps the most remarkable, and in many ways the most unsettling, that the country has yet experienced. The millennial election raised fundamental questions not only about American democracy, but also about the nation's constitution and about the legitimate role of American courts, state and federal, and in particular about the United States Supreme Court. The Longest Night presents a lively and informed reaction to the legal aftermath of the election by the most prominent experts on the subject. With a balance of opposing views - including those of some of the most distinguished foreign commentators writing on the subject today - the contributors present an unusual breadth of perspectives in addressing the judicial, institutional, and political questions involved in the disputed election. Their commentaries bring the confusion and frenzy of the event into clear focus and lay the groundwork for an essential public debate that is sure to continue well into the future. The Longest Night contains a thorough chronology of the events in Florida, a detailed account of the institutional structure of American presidential elections, a series of analyses both criticizing and defending the decisions in Bush v. Gore, American perspectives on the Florida struggle and America's electoral system, and a debate on maintaining or reforming the electoral college. The authors include participants in the legal and political battles surrounding the Florida election, foreigners charged with monitoring and supervising elections, and scholars from many disciplines specializing in constitutionalism, democracy, and American election law. Contributors   [brief]
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Title: Narrowing the nation's power: the Supreme Court sides with the states 
Author: Noonan, John Thomas 1926-
Published: University of California Press,  2002
Subjects: Law | American Studies | Political Theory
Publisher's Description: Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission - has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.   [brief]
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Title: A nationality of her own: women, marriage, and the law of citizenship 
Author: Bredbenner, Candice Lewis 1955-
Published: University of California Press,  1998
Subjects: History | United States History | Women's Studies | Law | Public Policy
Publisher's Description: In 1907, the federal government declared that any American woman marrying a foreigner had to assume the nationality of her husband, and thereby denationalized thousands of American women. This highly original study follows the dramatic variations in women's nationality rights, citizenship law, and immigration policy in the United States during the late Progressive and interwar years, placing the history and impact of "derivative citizenship" within the broad context of the women's suffrage movement. Making impressive use of primary sources, and utilizing original documents from many leading women's reform organizations, government agencies, Congressional hearings, and federal litigation involving women's naturalization and expatriation, Candice Bredbenner provides a refreshing contemporary feminist perspective on key historical, political, and legal debates relating to citizenship, nationality, political empowerment, and their implications for women's legal status in the United States. This fascinating and well-constructed account contributes profoundly to an important but little-understood aspect of the women's rights movement in twentieth-century America.   [brief]
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Title: Oedipus lex: psychoanalysis, history, law 
Author: Goodrich, Peter 1954-
Published: University of California Press,  1995
Subjects: Philosophy | Social and Political Thought | Law | Intellectual History
Publisher's Description: Oedipus Lex offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions - the poets, women, and outsiders - that legal science has left in its wake.Goodrich analyzes the role and power of the image of law and details the history of law's plural jurisdictions and traditions of resistance to law. He explores mechanisms of repression and representation as constituents of modern subjectivity, using long-abandoned medieval texts and early appearances of feminism as resources for the understanding and renewal of legal scholarship. Not simply deconstruction but also reconstruction, this work is keenly attuned to the discontinuties, silences, and gaps in the cultural tradition called law.   [brief]
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Title: Punishment: theory and practice 
Author: Tunick, Mark
Published: University of California Press,  1992
Subjects: Politics | Political Theory | Social and Political Thought | Law
Publisher's Description: What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment.Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle.Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.   [brief]
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Title: Regulatory encounters: multinational corporations and American adversarial legalism 
Author: Axelrad, Lee 1963-
Published: University of California Press,  2000
Subjects: Politics | Public Policy | Law
Publisher's Description: Regulatory Encounters reports on a path-breaking study of how government regulation of business in the United States differs in practice from regulation in other economically advanced democracies. In each of ten in-depth case studies, the contributors to this volume compare a particular multinational corporation's experience with parallel regulatory regimes in the United States and in Japan, Canada, Great Britain, Germany, The Netherlands, and the European Union, noting precisely which regulatory precautions were actually implemented in each country. The regulatory systems analyzed include aspects of environmental protection, product safety, debt collection, employees' rights, and patent protection. The studies in Regulatory Encounters indicate that the adversarial and legalistic character of American regulation imposes higher costs and delays on economic activity than comparable regulatory regimes in other economically advanced democracies, and often does not generate higher levels of protection for the public.   [brief]
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Title: Residues of justice: literature, law, philosophy 
Author: Dimock, Wai-chee 1953-
Published: University of California Press,  1996
Subjects: Literature | Literary Theory and Criticism | American Studies | Law | Philosophy
Publisher's Description: In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she turns to literature, which, in its linguistic density, transposes the clean abstractions of law and philosophy into persistent shadows, the abiding presence of the incommensurate. Justice can only be a partial answer to the phenomenon of human conflict.In arguing for justice as an incomplete virtue, Dimock draws upon legal history, political philosophy, linguistics, theology, and feminist theory; she discusses Aristotle and Augustine, Locke and Luther, Marx and Durkheim, Michael Sandel and Carol Gilligan, Noam Chomsky and Mary Ann Glendon. She also examines an unusual configuration of nineteenth-century American authors, pairing figures such as Herman Melville and Rebecca Harding Davis, Walt Whitman and Susan Warner.The result is a book both passionate and scholarly. It invites us to rethink the meanings of literature, law, and philosophy, and to imagine a language of community more supple and more nuanced than the language of justice.   [brief]
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