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In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On ...
A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privi...
This book studies the rise of access over ownership and the sharing economy's challenges to the liberal vision of property.
The seven novels of Charlotte, Emily, and Anne Brontë took advantage of the change spurred on by the Industrial Revolution in order to argue—often obliquely but at times directly—for equality for women in the Victorian Age.
Bringing together contributions from various disciplines and academic fields, this collection engages in interdisciplinary dialogue on postcolonial issues. Covering African, anglophone, Romance, and New-World themes, linguistic, literary, and cultural studies, and historiography, music, art history, and textile studies, the volume raises questions of (inter)disciplinarity, methodology, and entangled histories. The essays focus on the representation of slavery in the transatlantic world (the USA, Jamaica, Haiti, and the wider Caribbean, West Africa, and the UK). Drawing on a range of historical sources, material objects, and representations, they study Jamaican Creole, African masks, knitted ...
This book advocates, and develops, a critical account of the relationship between law and the largely neglected issue of ‘enjoyment’. Taking popular culture seriously – as a lived and meaningful basis for a wider understanding of law, beyond the strictures of legal institutions and professional practices – it takes up a range of case studies from film and literature in order to consider how law is iterated through enjoyment, and how enjoyment embodies law. Drawing on psychoanalytic theory, this book addresses issues such as the forced choice to enjoy the law, the biopolitics of tyranny, the enjoyment of law’s contingency, the trauma of the law’s symbolic codification of pleasure, and the futuristic vision of law’s transgression. In so doing, it forges an important case for acknowledging and analyzing the complex relationship between power and pleasure in law – one that will be of considerable interest to legal theorists, as well as those with interests in the intersection of psychoanalytic and cultural theory.
This book examines community-based approaches to counter-terrorism through an analysis of the notions of community, partnership, engagement, gender and religion in order to shed new light on the potential of, and drawbacks to these approaches. Dr. Spalek stresses the need for policy makers and practitioners to reflect on the effectiveness of the initiatives that they are engaged with, particularly in relation to how community-targeted or community-focused they are.
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
In Britain's highly politicised social climate in the aftermath of the 7/7 London bombings, this book provides an in-depth understanding of British Muslim identity. Nahid Kabir has carried out over 200 in-depth, semi-structured interviews with young Muslims in five British cities: London, Leicester, Bradford, Leeds and Cardiff. By emphasising the importance of biculturalism, Kabir conveys a realistic and hopeful vision for their successful integration into British society.