Title: Public health law and ethics: a reader
Author: Gostin, Larry O. (Larry Ogalthorpe)
Published: University of California Press,  2002
Subjects: Law | Medicine | Health Care
Publisher's Description: This incisive selection of government reports, scholarly articles, and court cases is designed to illuminate the ethical, legal, and political issues in the theory and practice of public health. A companion to the internationally acclaimed Public Health Law: Power, Duty, Restraint, this collection encourages debate and discourse about how courts, scholars, and policy makers respond to the salient legal and ethical dilemmas. The excerpts and commentaries in the reader analyze the legal and constitutional foundations of public health, juxtaposing them with the emerging importance of public health ethics and human rights. The book offers a systematic account of public health law, ethics, and human rights in promoting the common good. Gostin provides thoughtful commentary on the field of public health and carefully explains the meaning and importance of each selection. Scholars, legislators, and public health professionals, as well as faculty and students in schools of law, public health, medicine, nursing, government, and health administration, will benefit from the contemporary case studies covering a wide range of topics from bioterrorism to public health genetics.   [brief]
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Title: Public lands and political meaning: ranchers, the government, and the property between them
Author: Merrill, Karen R
Published: University of California Press,  2002
Subjects: History | Californian and Western History | United States History | Law
Publisher's Description: The history of the American West is a history of struggles over land, and none has inspired so much passion and misunderstanding as the conflict between ranchers and the federal government over public grazing lands. Drawing upon neglected sources from organized ranchers, this is the first book to provide a historically based explanation for why the relationship between ranchers and the federal government became so embattled long before modern environmentalists became involved in the issue. Reconstructing the increasingly contested interpretations of the meaning of public land administration, Public Lands and Political Meaning traces the history of the political dynamics between ranchers and federal land agencies, giving us a new look at the relations of power that made the modern West. Although a majority of organized ranchers supported government control of the range at the turn of the century, by midcentury these same organizations often used a virulently antifederal discourse that fueled many a political fight in Washington and that still runs deep in American politics today. In analyzing this shift, Merrill shows how profoundly people's ideas about property wove their way into the political language of the debates surrounding public range policy. As she unravels the meaning of this language, Merrill demonstrates that different ideas about property played a crucial role in perpetuating antagonism on both sides of the fence. In addition to illuminating the origins of the "sagebrush rebellions" in the American West, this book also persuasively argues that political historians must pay more attention to public land management issues as a way of understanding tensions in American state-building.   [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: Random violence: how we talk about new crimes and new victims
Author: Best, Joel
Published: University of California Press,  1999
Subjects: Sociology | Social Problems | Law | Criminology
Publisher's Description: Random Violence is a deft and thought-provoking exploration of the ways we talk about - and why we worry about - new crimes and new forms of victimization. Focusing on so-called random crimes such as freeway shootings, gang violence, hate crimes, stalking, and wilding, Joel Best shows how new crime problems emerge and how some quickly fade from public attention while others spread and become enduring subjects of concern. Best's original and incisive argument illuminates the fact that while these crimes are in actuality neither new, nor epidemic, nor random, the language used to describe them nonetheless shapes both private fears and public policies.Best scrutinizes the melodramatic quality of the American public's attitudes toward crime, exposing the cultural context for the popularity of "random violence" as a catch-all phrase to describe contemporary crime, and the fallacious belief that violence is steadily rising. He points out that the age, race, and sex of homicide victims reveal that violence is highly patterned.Best also details the contemporary ideology of victimization, as well as the social arrangements that create and support a victim industry that can label large numbers of victims. He demonstrates why it has become commonplace to "declare war" on social problems, including drugs, crime, poverty, and cancer, and outlines the complementary influence of media, activists, officials, and experts in institutionalizing crime problems. Intrinsic to all these concerns is the way in which policy choices and outcomes are affected by the language used to describe social problems.   [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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Title: Rethinking the American race problem 
Author: Brooks, Roy L. (Roy Lavon) 1950-
Published: University of California Press,  1990
Subjects: American Studies | Law | Politics | Ethnic Studies
Publisher's Description: If the conservative view of the American race problem is frightening, the traditional liberal view seems impotent. Analyzing the race problem from neither right nor left, Brooks sheds a new and clarifying light on America's longest running social and moral dilemma.This incisive book provides a bold new examination of the seemingly intractable racial problems confronting Americans at the end of the twentieth century. In a wide-ranging and probing study, Brooks calls into question the prevailing wisdom about racism, civil rights legislation, and the composition of the Black community, going on to offer a dramatic new approach to the race problem. In Brooks' mind, civil rights laws - laws targeted at racial discrimination - have not only failed to engender racial equality, but have in fact had a negative effect on the standard of living of many Blacks. Brooks defines the American race problem so as to carefully separate racial oppression from (economic) class oppression and explains how civil rights legislation since the 1960s has hurt Black Americans of every class. He offers a strategy for resolving the country's racial inequities, unique in its attentiveness to class division in Black society, that combines governmental remedies and an unprecedented program of Black self-help.While Brooks argues that the government has the means to resolve the race dilemma, he suggests that it lacks the spirit to do so. Thus, it may be time for Black Americans to come to grips with an unpleasant reality - namely, that they can count on the government only for minimal alleviation, and must take on the larger portion of responsibility for resolving the American race problem themselves.Certain to arouse controversy, Rethinking the American Race Problem offers new understandings of issues often clouded by misconceptions and backward notions. It is an important book for anyone concerned about the current state of race relations in America.   [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: Rugged justice: the Ninth Circuit Court of Appeals and the American West, 1891-1941 
Author: Frederick, David C
Published: University of California Press,  1994
Subjects: History | History | United States History | Californian and Western History | California and the West | Law
Publisher's Description: Few chapters in American judicial history have enjoyed as colorful a past as has the U.S. Court of Appeals for the Ninth Circuit. Created in 1891, its jurisdiction now encompasses California, Oregon, Nevada, Washington, Idaho, Montana, Arizona, Hawaii, and Alaska. David Frederick has mined archival sources, including court records and legal papers throughout the West and in Washington, D.C., to document the Ninth Circuit's first fifty years. His findings are much more than a record of the court, however, for they also provide a unique social and cultural history of the West.During these years, the court heard key cases involving railroads, the Alaska gold rush, Chinese immigration, organized labor, and use of natural resources. Many of the decisions from this period foreshadowed issues that are with us today. Frederick also documents the court's part in Western development and in issues relating to World War I, Prohibition, New Deal legislation, and the evolving role of federal judges.Frederick portrays the West's most important judicial institution with clarity and intelligence, reminding us that the evolution of the Ninth Circuit both reflected and affected the dramatic changes occurring in the West during the court's early years. This is a book that will appeal not only to lawyers, but to historians, sociologists, and general readers as well.   [brief]
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Title: Silence at Boalt Hall: the dismantling of affirmative action 
Author: Guerrero, Andrea 1970-
Published: University of California Press,  2002
Subjects: American Studies | Anthropology | Sociology | African American Studies | Asian American Studies | Politics | Gender Studies | Law | Politics | Politics
Publisher's Description: In 1995, in a marked reversal of progress in the march toward racial equity, the Board of Regents voted to end affirmative action at the University of California. One year later the electorate voted to do the same across the state of California. Silence at Boalt Hall is the thirty-year story of students, faculty, and administrators struggling with the politics of race in higher education at U.C. Berkeley's prestigious law school - one of the first institutions to implement affirmative action policies and one of the first to be forced to remove them. Andrea Guerrero is a member of the last class of students admitted to Boalt Hall under the affirmative action policies. Her informed and passionate journalistic account provides an insider's view into one of the most pivotal and controversial issues of our time: racial diversity in higher education. Guerrero relates the stories of those who benefited from affirmative action and those who suffered from its removal. She shows how the "race-blind" admission policies at Boalt have been far from race-neutral and how the voices of underrepresented minority students have largely disappeared. A hushed silence - the silence of students, faculty, and administrators unwilling and unable to discuss the difficult issues of race - now hangs over Boalt and many institutions like it, Guerrero claims. As the legal and sociopolitical battles over affirmative action continue on a number of consequential fronts, this book provides a rich and engrossing perspective on many facets of this crucial question.   [brief]
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Title: Slide Mountain, or, The folly of owning nature 
Author: Steinberg, Theodore 1961-
Published: University of California Press,  1995
Subjects: Law | Environmental Studies | United States History | American Studies
Publisher's Description: The drive to own the natural world in twentieth-century America seems virtually limitless. Signs of this national penchant for possessing nature are everywhere - from suburban picket fences to elaborate schemes to own underground water, clouds, even the ocean floor.Yet, as Theodore Steinberg demonstrates in this compelling, witty look at Americans' attempts to master the environment, nature continually turns these efforts into folly. In a rich, narrative style recalling the work of John McPhee, Steinberg tours America to explore some of the more unusual dilemmas that have arisen in our struggle to possess nature.Beginning along the Missouri River, Steinberg recounts the battle for three thousand acres of land the river carved from a Nebraska Indian reservation and deposited in Iowa. Then he travels to Louisiana, where an army of lawyers butted heads over whether Six Mile Lake was actually a lake or a stream. He continues to Arizona to investigate who owned the underground, then to Pennsylvania's Blue Ridge Mountains to see who claimed the clouds. He ends in crowded New York City with Donald Trump's struggle for air rights.Americans' obsession with owning nature was immortalized by Mark Twain in the tale of Slide Mountain, where a landslide-prone Nevada peak turned the American dream of real estate into dust. In relating these modern-day "Slide Mountain" stories, Steinberg illuminates what it means to live in a culture of property where everything must have an owner.   [brief]
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Title: Small property versus big government: social origins of the property tax revolt 
Author: Lo, Clarence Y. H
Published: University of California Press,  1990
Subjects: Sociology | American Studies | Public Policy | Law | Sociology
Publisher's Description: Tax reformers, take note. Clarence Lo's investigation of California's Proposition 13 and other tax reduction bills is both a tribute and a warning to people who get "mad as hell" and try to do something about being pushed around by government. Homeowners in California, faced with impossible property tax bills in the 1970s, got mad and pushed back, starting an avalanche that swept tax limitation measures into state after state. What we learn is that, although the property tax was slashed, two-thirds of the benefits went to business owners rather than homeowners.How did a crusade launched by homeowning consumers seeking tax relief end up as a pro-business, supply-side political program? To trace the transformation, Lo uses the firsthand recollections of 120 activists in the movement, going back to the 1950s. He shows how their protests were ignored, until a suburban alliance of upper-middle-class property owners and business owners took charge. It was the program of that latter group, not the plight of the moderate-income homeowner, which inspired tax revolts across the nation and shaped the economic policies of the Reagan administration.   [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: States and women's rights: the making of postcolonial Tunisia, Algeria, and Morocco
Author: Charrad, M. (Mounira)
Published: University of California Press,  2001
Subjects: Sociology | Politics | Middle Eastern Studies | Middle Eastern History | Women's Studies | Postcolonial Studies | Law
Publisher's Description: At a time when the situation of women in the Islamic world is of global interest, here is a study that unlocks the mystery of why women's fates vary so greatly from one country to another. Mounira M. Charrad analyzes the distinctive nature of Islamic legal codes by placing them in the larger context of state power in various societies. Charrad argues that many analysts miss what is going on in Islamic societies because they fail to recognize the logic of the kin-based model of social and political life, which she contrasts with the Western class-centered model. In a skillful synthesis, she shows how the logic of Islamic legal codes and kin-based political power affect the position of women. These provide the key to Charrad's empirical puzzle: why, after colonial rule, women in Tunisia gained broad legal rights (even in the absence of a feminist protest movement) while, despite similarities in culture and religion, women remained subordinated in post-independence Morocco and Algeria. Charrad's elegant theory, crisp writing, and solid scholarship make a unique contribution in developing a state-building paradigm to discuss women's rights.This book will interest readers in the fields of sociology, politics, law, women's studies, postcolonial studies, Middle Eastern studies, Middle Eastern history, French history, and Maghrib studies.   [brief]
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Title: There's something happening here: the New Left, the Klan, and FBI counterintelligence
Author: Cunningham, David 1970-
Published: University of California Press,  2004
Subjects: American Studies | History | Politics | Sociology | Law
Publisher's Description: Using over twelve thousand previously classified documents made available through the Freedom of Information Act, David Cunningham uncovers the riveting inside story of the FBI's attempts to neutralize political targets on both the Right and the Left during the 1960s. Examining the FBI's infamous counterintelligence programs (COINTELPROs) against suspected communists, civil rights and black power advocates, Klan adherents, and antiwar activists, he questions whether such actions were aberrations or are evidence of the bureau's ongoing mission to restrict citizens' right to engage in legal forms of political dissent. At a time of heightened concerns about domestic security, with the FBI's license to spy on U.S. citizens expanded to a historic degree, the question becomes an urgent one. This book supplies readers with insights and information vital to a meaningful assessment of the current situation. There's Something Happening Here looks inside the FBI's COINTELPROs against white hate groups and the New Left to explore how agents dealt with the hundreds of individuals and organizations labeled as subversive threats. Rather than reducing these activities to a product of the idiosyncratic concerns of longtime director J. Edgar Hoover, Cunningham focuses on the complex organizational dynamics that generated literally thousands of COINTELPRO actions. His account shows how--and why--the inner workings of the programs led to outcomes that often seemed to lack any overriding logic; it also examines the impact the bureau's massive campaign of repression had on its targets. The lessons of this era have considerable relevance today, and Cunningham extends his analysis to the FBI's often controversial recent actions to map the influence of the COINTELPRO legacy on contemporary debates over national security and civil liberties.   [brief]
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Title: Tokugawa village practice: class, status, power, law 
Author: Ooms, Herman
Published: University of California Press,  1996
Subjects: History | Asian History | Japan | Law
Publisher's Description: In contrast to modern Japanese citizens, during the Tokugawa period (1600-1868) villagers frequently resorted to lawsuits to settle conflicts. Herman Ooms uses colorful, skillfully analyzed case studies to trace the evolution of class and status conflicts through lawsuits and petitions in villages. Inspired by the work of Max Weber and Pierre Bourdieu, this exploration of social and legal history illuminates the texture and detail of village life, focusing on relations to authority.Opening with a story of an angry peasant woman's lifelong struggle against village authority (a story involving murder and revenge), Ooms highlights the role played by obscure historical actors including local elites, commoners, women, and outcastes. He also discusses the important role lineages played in village politics and examines the origins of discrimination against Japan's burakumin , or outcastes.   [brief]
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Title: Transforming free speech: the ambiguous legacy of civil libertarianism 
Author: Graber, Mark A
Published: University of California Press,  1991
Subjects: Law | Social and Political Thought | Politics
Publisher's Description: Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition.Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument.The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power.Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.   [brief]
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Title: Translating property: the Maxwell Land Grant and the conflict over land in the American West, 1840-1900
Author: Montoya, María E 1964-
Published: University of California Press,  2002
Subjects: History | Californian and Western History | Law | Latino Studies | California and the West | California and the West
Publisher's Description: Although Mexico lost its northern territories to the United States in 1848, battles over property rights and ownership have remained intense. This turbulent, vividly narrated story of the Maxwell Land Grant, a single tract of 1.7 million acres in northeastern New Mexico, shows how contending groups reinterpret the meaning of property to uphold their conflicting claims to land. The Southwest has been and continues to be the scene of a collision between land regimes with radically different cultural conceptions of the land's purpose. We meet Jicarilla Apaches, whose identity is rooted in a sense of place; Mexican governors and hacienda patrons seeking status as New World feudal magnates; "rings" of greedy territorial politicians on the make; women finding their own way in a man's world; Anglo homesteaders looking for a place to settle in the American West; and Dutch investors in search of gargantuan returns on their capital. The European and American newcomers all "mistranslated" the prior property regimes into new rules, to their own advantage and the disadvantage of those who had lived on the land before them. Their efforts to control the Maxwell Land Grant by wrapping it in their own particular myths of law and custom inevitably led to conflict and even violence as cultures and legal regimes clashed.   [brief]
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Title: The triumph of Venus: the erotics of the market
Author: Schroeder, Jeanne Lorraine
Published: University of California Press,  2004
Subjects: Social and Political Thought | Economics and Business | Gender Studies | Law
Publisher's Description: The theory of law and economics that dominates American jurisprudence today views the market as rational and individuals as driven by the desire to increase their wealth. It is a view riddled with misconceptions, as Jeanne Lorraine Schroeder demonstrates in this challenging work, which looks at contemporary debates in legal theory through the lens of psychoanalysis and continental philosophy. Through metaphors drawn from classical mythology and interpreted via Lacanian psychoanalysis and Hegelian philosophy, Schroeder exposes the hidden and repressed erotics of the market. Her work shows how the predominant economic analysis of markets and the standard romantic critique of markets are in fact mirror images, reflecting the misconception that reason and passion are inalterably opposed.   [brief]
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Title: The unity of the common law: studies in Hegelian jurisprudence 
Author: Brudner, Alan
Published: University of California Press,  1995
Subjects: Philosophy | Law | Social and Political Thought | Political Theory
Publisher's Description: Countering the influential view of Critical Legal Studies that law is an incoherent mixture of conflicting political ideologies, this book forges a new paradigm for understanding the common law as being unified and systematic. Alan Brudner applies Hegel's legal and moral philosophy to fashion a comprehensive synthesis of the common law of property, contract, tort, and crime.At a time when there is a strong tendency among scholars to view the common law as essentially fragmentary, inconsistent, and contradictory, Brudner suggests instead a coherence that synthesizes several interrelated dichotomies: good-centered and right-based legal paradigms, instrumental and non-instrumental conceptions of law, externalist and internalist interpretations of the common law system, and communitarian and individualist attempts to found the legal enterprise.Brudner covers genuinely new ground through an interpretation of the common law from the standpoint of Hegelian legal philosophy. His unifying notion of common law corresponds to Hegel's notion of Geist , suggesting a designation of the mutual dependence of the community and the atomistic self for their confirmation as ends.   [brief]
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