Title: Insight and solidarity: a study in the discourse ethics of Jürgen Habermas
Author: Rehg, William
Published: University of California Press,  1997
Subjects: Philosophy | Law | Politics
Publisher's Description: Discourse ethics represents an exciting new development in neo-Kantian moral theory. William Rehg offers an insightful introduction to its complex theorization by its major proponent, Jürgen Habermas, and demonstrates how discourse ethics allows one to overcome the principal criticisms that have been leveled against neo-Kantianism.Addressing both "commun-itarian" critics who argue that universalist conceptions of justice sever moral deliberation from community traditions, and feminist advocates of the "ethics of care" who stress the moral significance of caring for other individuals, Rehg shows that discourse ethics combines impartiality with solidarity. He provides the first systematic reconstruction of Habermas's theory and explores its relationship to the work of such contemporary philosophers as Charles Taylor. His book articulates a bold alternative to the split between the "right" and the "good" in moral theory and will greatly interest philosophers, social and legal scholars, and political theorists.   [brief]
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Title: Inventing the needy: gender and the politics of welfare in Hungary
Author: Haney, Lynne A. (Lynne Allison) 1967-
Published: University of California Press,  2002
Subjects: Sociology | European Studies | European History | Gender Studies | Law | Social Problems | Political Theory | Russian and Eastern European Studies | Sociology | Sociology
Publisher's Description: Inventing the Needy offers a powerful, innovative analysis of welfare policies and practices in Hungary from 1948 to the last decade of the twentieth century. Using a compelling mix of archival, interview, and ethnographic data, Lynne Haney shows that three distinct welfare regimes succeeded one another during that period and that they were based on divergent conceptions of need. The welfare society of 1948-1968 targeted social institutions, the maternalist welfare state of 1968-1985 targeted social groups, and the liberal welfare state of 1985-1996 targeted impoverished individuals. Because they reflected contrasting conceptions of gender and of state-recognized identities, these three regimes resulted in dramatically different lived experiences of welfare. Haney's approach bridges the gaps in scholarship that frequently separate past and present, ideology and reality, and state policies and local practices. A wealth of case histories gleaned from the archives of welfare institutions brings to life the interactions between caseworkers and clients and the ways they changed over time. In one of her most provocative findings, Haney argues that female clients' ability to use the state to protect themselves in everyday life diminished over the fifty-year period. As the welfare system moved away from linking entitlement to clients' social contributions and toward their material deprivation, the welfare system, and those associated with it, became increasingly stigmatized and pathologized. With its focus on shifting inventions of the needy, this broad historical ethnography brings new insights to the study of welfare state theory and politics.   [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: 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 life of the law: anthropological projects
Author: Nader, Laura
Published: University of California Press,  2002
Subjects: Anthropology | Law
Publisher's Description: Laura Nader, an instrumental figure in the development of the field of legal anthropology, investigates an issue of vital importance for our time: the role of the law in the struggle for social and economic justice. In this book she gives an overview of the history of legal anthropology and at the same time urges anthropologists, lawyers, and activists to recognize the centrality of law in social change. Nader traces the evolution of the plaintiff's role in the United States in the second half of the twentieth century and passionately argues that the atrophy of the plaintiff's power during this period represents a profound challenge to justice and democracy. Taking into account the vast changes wrought in both anthropology and the law by globalization, Nader speaks to the increasing dominance of large business corporations and the prominence of neoliberal ideology and practice today. In her discussion of these trends, she considers the rise of the alternative dispute resolution movement, which since the 1960s has been part of a major overhaul of the U.S. judicial system. Nader links the increasing popularity of this movement with the erosion of the plaintiff's power and suggests that mediation as an approach to conflict resolution is structured to favor powerful--often corporate--interests.   [brief]
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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: The lustre of our country: the American experience of religious freedom
Author: Noonan, John Thomas 1926-
Published: University of California Press,  1998
Subjects: Law | United States History | Religion | American Studies | Politics
Publisher's Description: A New York Times Notable Book This remarkable work offers a fresh approach to a freedom that is often taken for granted in the United States, yet is one of the strongest and proudest elements of American culture: religious freedom. In this compellingly written, distinctively personal book, Judge John T. Noonan asserts that freedom of religion, as James Madison conceived it, is an American invention previously unknown to any nation on earth. The Lustre of Our Country demonstrates how the idea of religious liberty is central to the American experience and to American influence around the world.Noonan's original book is a history of the idea of religious liberty and its relationship with the law. He begins with an intellectual autobiography, describing his own religious and legal training. After setting the stage with autobiography, Noonan turns to history, with each chapter written in a new voice. One chapter takes the form of a catechism (questions and answers), presenting the history of the idea of religious freedom in Christianity and the American colonies. Another chapter on James Madison argues that Madison's support of religious freedom was not purely secular but rather the outcome of his own religious beliefs. A fictional sister of Alexis de Toqueville writes, contrary to her brother's work, that the U.S. government is very closely tied to religion. Other chapters offer straightforward considerations of constitutional law.Throughout the book, Noonan shows how the free exercise of religion led to profound changes in American law - he discusses abolition, temperance, and civil rights - and how the legal notion of religious liberty influenced revolutionary France, Japan, and Russia, as well as the Catholic Church during Vatican II. The Lustre of Our Country is a celebration of religious freedom - a personal and profound statement on what the author considers America's greatest moral contribution to the world.   [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: The New cultural history: essays by Aletta Biersack ... [et al.]
Author: Biersack, Aletta
Published: University of California Press,  1989
Subjects: Law
Publisher's Description: Across the humanities and the social sciences, disciplinary boundaries have come into question as scholars have acknowledged their common preoccupations with cultural phenomena ranging from rituals and ceremonies to texts and discourse. Literary critics, for example, have turned to history for a deepening of their notion of cultural products; some of them now read historical documents in the same way that they previously read "great" texts. Anthropologists have turned to the history of their own discipline in order to better understand the ways in which disciplinary authority was constructed. As historians have begun to participate in this ferment, they have moved away from their earlier focus on social theoretical models of historical development toward concepts taken from cultural anthropology and literary criticism.Much of the most exciting work in history recently has been affiliated with this wide-ranging effort to write history that is essentially a history of culture. The essays presented here provide an introduction to this movement within the discipline of history. The essays in Part One trace the influence of important models for the new cultural history, models ranging from the pathbreaking work of the French cultural critic Michel Foucault and the American anthropologist Clifford Geertz to the imaginative efforts of such contemporary historians as Natalie Davis and E. P. Thompson, as well as the more controversial theories of Hayden White and Dominick LaCapra. The essays in Part Two are exemplary of the most challenging and fruitful new work of historians in this genre, with topics as diverse as parades in 19th-century America, 16th-century Spanish texts, English medical writing, and the visual practices implied in Italian Renaissance frescoes. Beneath this diversity, however, it is possible to see the commonalities of the new cultural history as it takes shape. Students, teachers, and general readers interested in the future of history will find these essays stimulating and provocative.   [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: Outspoken: free speech stories
Author: Levinson, Nan 1949-
Published: University of California Press,  2003
Subjects: American Studies | Ethnic Studies | United States History | Media Studies | Public Policy | Sociology | Law | Public Policy | Urban Studies | Urban Studies
Publisher's Description: With the government granting itself sweeping new surveillance powers, castigating its critics as unpatriotic, and equating differing opinions with abetting "America's enemies," free speech seems an early casualty of the war on terrorism. But as this book brilliantly demonstrates, to sacrifice our freedom of speech is to surrender the very heart and soul of America. Nan Levinson tells the stories of twenty people who refused to let anyone whittle away at their right to speak, think, create, or demur as they pleased. Among these sometimes unlikely defenders of the cause of free speech are a diplomat who disclosed secret information about government misconduct in Guatemala, a Puerto Rican journalist who risked going to prison to protect her sources, a high school teacher who discussed gays and lesbians in literature, a fireman who fought for his right to read Playboy at work, and a former porn star who defended her performance piece as art. Caught up in conflicts that are alarming, complex, confusing, mean, or just plain silly, their cases are both emblematic and individually revealing, affording readers a rich variety of perspectives on the issues surrounding free speech debates. In an engaging, anecdotal style, Levinson explores the balance between First Amendment and other rights, such as equality, privacy, and security; the relationship among behavior, speech, and images; the tangle of suppression, marketing, and politics; and the role of dissent in our society. These issues come to vibrant life in the stories recounted in Outspoken, stories that - whether heroic or infamous, outrageous or straightforward - remind us again and again of the power of words and of the strength of a democracy of voices.   [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: Private lives and public affairs: the causes célèbres of prerevolutionary France
Author: Maza, Sarah C 1953-
Published: University of California Press,  1993
Subjects: History | Law | European History | European Literature | French Studies
Publisher's Description: From 1770 to 1789 a succession of highly publicized cases riveted the attention of the French public. Maza argues that the reporting of these private scandals had a decisive effect on the way in which the French public came to understand public issues in the years before the Revolution.
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Title: Public health law: power, duty, restraint
Author: Gostin, Larry O. (Larry Ogalthorpe)
Published: University of California Press,  2001
Subjects: Law | Medicine | Public Policy
Publisher's Description: Gostin's timely book offers the first systematic definition and theory of public health law. Basing his definition on a broad notion of the government's inherent responsibility to advance the population's health and well-being, he develops a rich understanding of the government's fundamental powers and duties. By analyzing constitutional powers and limits, as well as statutory, administrative, and tort law, Public Health Law vividly shows how law can become a potent tool for the realization of a healthier and safer population.   [brief]
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