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Looking for Law in All the Wrong Places

2019-03-05 Law
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Release : 2019-03-05
Genre : Law
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Book Rating : 720/5 ( reviews)

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Book Synopsis Looking for Law in All the Wrong Places by : Marianne Constable

Download or read book Looking for Law in All the Wrong Places written by Marianne Constable. This book was released on 2019-03-05. Available in PDF, EPUB and Kindle. Book excerpt: For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

Looking for Rights in All the Wrong Places

2013-04-21 Political Science
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Release : 2013-04-21
Genre : Political Science
Kind : eBook
Book Rating : 277/5 ( reviews)

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Book Synopsis Looking for Rights in All the Wrong Places by : Emily Zackin

Download or read book Looking for Rights in All the Wrong Places written by Emily Zackin. This book was released on 2013-04-21. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

What's Law Got to Do With It?

2011-08-09 Political Science
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Release : 2011-08-09
Genre : Political Science
Kind : eBook
Book Rating : 338/5 ( reviews)

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Book Synopsis What's Law Got to Do With It? by : Charles Geyh

Download or read book What's Law Got to Do With It? written by Charles Geyh. This book was released on 2011-08-09. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers perspectives from political scientists, legal scholars, and practicing judges as they seek to answer the question of how much law actually has to do with judicial behavior and decision-making, and what it means for society at large.

International Law As We Know It

2021-10-14 Law
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Release : 2021-10-14
Genre : Law
Kind : eBook
Book Rating : 832/5 ( reviews)

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Book Synopsis International Law As We Know It by : Lianne J. M. Boer

Download or read book International Law As We Know It written by Lianne J. M. Boer. This book was released on 2021-10-14. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of international legal scholars in the construction of legal knowledge, looking at examples from the cyberwar debate.

Deference

2019-11-05 Law
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Release : 2019-11-05
Genre : Law
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Book Rating : 429/5 ( reviews)

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Book Synopsis Deference by : Gary Lawson

Download or read book Deference written by Gary Lawson. This book was released on 2019-11-05. Available in PDF, EPUB and Kindle. Book excerpt: Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most under-analyzed and under-theorized legal concepts and practices, perhaps because its applications are so varied. This book's goal is to provide a definition of deference and a vocabulary for discussing it that can be used to describe, explain, and/or criticize deference in all of its manifestations, including some manifestations that are not always identified by legal actors as instances of deference. This project does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it aims to bring the concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many applications; to set forth the many and varied rationales that can be and have been offered in support of deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive.

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