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Arthur Jacobson
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Weimar
This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are...
General Register
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Songs without Music
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.
Liberalism, Theology, and the Performative in Antebellum American Literature
The 1850s United States witnessed a far-reaching political, social, and economic crisis. Symptomatic of this, a wide range of narrative fiction from sentimental novels to sensational drama identifies a foundational link between liberal institutions and performative utterances. Auctions, trials, marriages, and contracts, this fiction contends, all depend on the self-constituting authority of words and performances which anybody and everybody can appropriate and are always subject to misfiring. Rather than viewing this as a liberatory and egalitarian political force, however, writers from Herman Melville and James Fenimore Cooper to Captain Mayne Reid and E.D.E.N. Southworth insist that such n...
