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Law and the Unconscious
How do we bring the law into line with people's psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes--behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.
The Child
The Child: An Encyclopedic Companion offers both parents and professionals access to the best scholarship from all areas of child studies in a remarkable one-volume reference. Bringing together contemporary research on children and childhood from pediatrics, child psychology, childhood studies, education, sociology, history, law, anthropology, and other related areas, The Child contains more than 500 articles—all written by experts in their fields and overseen by a panel of distinguished editors led by anthropologist Richard A. Shweder. Each entry provides a concise and accessible synopsis of the topic at hand. For example, the entry “Adoption” begins with a general definition, followe...
Law, Psychoanalysis, Society
'I swear to tell the truth, the whole truth, and nothing but the truth' we say in a court of law. 'In a court of law, the truth is precisely what we will not say', says Lacan. ‘If God is dead, everything is permitted’, writes Dostoyevsky. ‘If God is dead, everything is prohibited’, responds Lacan. ‘I think, therefore I am’, reasons Descartes. ‘I am where I do not think’, concludes Lacan. What are we to make of Lacan’s inversions of these mottos? And what are the implications for the legal system if we take them seriously? This book puts the legal subject on the couch and explores the incestuous relationship between law and desire, enjoyment and transgression, freedom and su...
Feminism Confronts Homo Economicus
"The essays in this volume confront the inroads that economics has made into the legal academy.... Law and Economics uses principles of neoclassical economics to develop laws and social policies that maintain if not bolster current allocations of power."—from the Introduction The Law and Economics school has had a significant impact on the legal and governmental landscape in the United States. It posits a perfectly rational "economic man"—homo economicus—who is unconstrained by familial and communal ties and who can and should make decisions solely in light of considerations of economic value. Feminism Confronts Homo Economicus offers a major intervention in debates about how law has c...
More Than Play
Tens of millions of children in the United States participate in youth sport, a pastime widely believed to be part of a good childhood. Yet most children who enter youth sport are driven to quit by the time they enter adolescence, and many more are sidelined by its high financial burdens. Until now, there has been little legal scholarly attention paid to youth sport or its reform. Dionne Koller sets the stage for a different approach by illuminating the law and policy assumptions supporting a model that puts children's bodies to work in an activity that generates significant surplus value. In doing so, she identifies the wide array of beneficiaries who have a stake in a system that is much more than just play--and the political choices that protect these parties' interests at children's expense.
Before Jim Crow
Long before the Montgomery bus boycott ushered in the modern civil rights movement, black and white southerners struggled to forge interracial democracy in America. This innovative book examines the most successful interracial coalition in the nineteenth-century South, Virginia's Readjuster Party, and uncovers a surprising degree of fluidity in postemancipation southern politics. Melding social, cultural, and political history, Jane Dailey chronicles the Readjusters' efforts to foster political cooperation across the color line. She demonstrates that the power of racial rhetoric, and the divisiveness of racial politics, derived from the everyday experiences of individual Virginians_from their local encounters on the sidewalk, before the magistrate's bench, in the schoolroom. In the process, she reveals the power of black and white southerners to both create and resist new systems of racial discrimination. The story of the Readjusters shows how hard white southerners had to work to establish racial domination after emancipation, and how passionately black southerners fought each and every infringement of their rights as Americans.
Sharenthood
From baby pictures in the cloud to a high school's digital surveillance system: how adults unwittingly compromise children's privacy online. Our children's first digital footprints are made before they can walk—even before they are born—as parents use fertility apps to aid conception, post ultrasound images, and share their baby's hospital mug shot. Then, in rapid succession come terabytes of baby pictures stored in the cloud, digital baby monitors with built-in artificial intelligence, and real-time updates from daycare. When school starts, there are cafeteria cards that catalog food purchases, bus passes that track when kids are on and off the bus, electronic health records in the nurs...
Feminine Law
Feminine Law: Freud, Free Speech, and the Voice of Desire explores the conjunction between psychoanalysis and democracy, in particular their shared commitments to free speech. In the process, it demonstrates how lawful constraints enable an embodied space or "gap" for the potentially disruptive but also liberating and novel flow of desire and its symbols. This space, intuited by the First Amendment as it is by Freud's free association, enables personal and collective sovereignty. By naming a "feminine law," we mark the primacy a space between the conceivable and the inconceivable, between knowledge and mystery. What do political free speech and psychoanalytic free association have in common, besides the word "free"? And what do Sigmund Freud and Justice Louis Brandeis share besides a world between two great wars? How is the female body a neglected key to understanding the conditions and contradictions of free discourse? Drs. Jill Gentile and Michael Macrone take up these questions, and more, in their wide-ranging, often passionate exploration of the hidden legacy of Freud and the Founding Fathers.
Jewish Law
New Perspectives on Jewish Law combines the detailed work characteristic of scholarship on Jewish law with an orientation towards its broader academic and cultural significance. It shifts the study of Jewish law from its focus on legal doctrine and history to legal theory, achieving in the process a more sophisticated understanding of law that will benefit both the legal academy and Jewish studies. By employing the framework of legal theory, it similarly corrects an over-emphasis on the metaphysical presuppositions and philosophical implications of Jewish law, which has tended to cast it as exceptional relative to other legal systems. Moreover, it answers to old-new anxieties about law, ofte...
Santa in Montana
A lonely widow’s second chance at love isn’t the only surprise this family is getting for Christmas in this romance by a New York Times bestseller. Montana winters are harsh, but bad weather won’t get in the way of the Calders’ Christmas reunion. Patriarch Chase Calder is determined to make this holiday the happiest yet—especially for his daughter, Cat. And Chase knows the best gifts aren’t always done up in paper and ribbon . . . It’s high time for widowed Cat to have a man in her life again, whether she’ll admit it or not. But Chase has more than one ace up his sleeve—he’s been thinking long and hard, and this secret Santa will bring joy to the whole clan. As the magica...
