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Faith and Law
The relationship between religion and the law is a hot-button topic in America, with the courts, Congress, journalists, and others engaging in animated debates on what influence, if any, the former should have on the latter. Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law. In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics include abortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.
Ideology and Community in the First Wave of Critical Legal Studies
Bauman examines several major themes and arguments in the first decade of critical legal scholarship, predominantly in the U.S. in the period dating roughly from the mid-1970s to the mid-1980s.
A Companion to the American Revolution
A Companion to the American Revolution is a single guide to the themes, events, and concepts of this major turning point in early American history. Containing coverage before, during, and after the war, as well as the effect of the revolution on a global scale, this major reference to the period is ideal for any student, scholar, or general reader seeking a complete reference to the field. Contains 90 articles in all, including guides to further reading and a detailed chronological table. Explains all aspects of the revolution before, during, and after the war. Discusses the status and experiences of women, Native Americans, and African Americans, and aspects of social and daily life during this period. Describes the effects of the revolution abroad. Provides complete coverage of military history, including the home front. Concludes with a section on concepts to put the morality of early America in today’s context.
The Reproductive Rights Reader
Publisher Description
Relational Justice
What makes private law private? What is its domain? What are the values it promotes? Relational Justice: A Theory of Private Law addresses these foundational questions in a robust analysis of the key doctrines of private law, including torts, contracts, and restitution. Discarding the vision of private law as a bastion of negative duties of non-interference or efficiency maximization, this book reframes private law in terms of what it calls 'relational justice' - reciprocal respect for self-determination and substantive equality. By vindicating self-determination, private law can forge the horizontal interactions vital to the ability to shape and implement a conception of the good life. By s...
Breaking the Abortion Deadlock
For over twenty years the abortion debate has raged, with each side entrenched in unyielding positions. This book breaks the impasse by using pro-life premises to reach pro-choice conclusions. While it is commonly assumed that state protection of the fetus as a form of human life undermines women's reproductive rights, McDonagh instead illuminates how it is exactly such state protection of the fetus that strengthens, rather than weakens, not only women's right to an abortion, but even more significantly, women's ability to call on the state for abortion funding. McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way ...
Trial Language
This study of Anglo-American legal discourse is the first comprehensive discourse analysis of American legal language in its prototypical setting, the trial by jury. With ethnographic data gathered in a civil jury trial, the book compares the discourse processing of the legal participants and the lay jurors in the trial.This study, examining an entire trial, finds that it is constraints at the level of a Foucauldian discursive formation that prevent lay understanding. Those constraints include the allocation of narrative speaking roles primarily to legal speakers in genres in which no sworn evidence is given, the suppression of narrative in ordinary witnesses, a set of restraints on witnesse...
Staging Resistance
Fresh perspectives on political theater and its essential contribution to contemporary culture. Focused studies of individual plays complement broad-based discussions of the place of theater in a radically democratic society. This consistently challenging collection describes the art of change confronting the actual processes of change. 17 photos.
In Face of the Facts
Recently there has been a renewed interest in moral inquiry among American scholars in a variety of disciplines. This collection of accessible essays by scholars in philosophy, political theory, psychology, history, literary studies, sociology, religious studies, anthropology, and legal studies affords a view of the current state of moral inquiry in the American academy, and it offers fresh departures for ethically informed, interdisciplinary scholarship. Seeking neither to reduce values to facts nor facts to values, these essays aim to foster discussion about inquiry and moral judgment, and demonstrate that moral inquiry need not be either dispassionate and value-free or moralistic and preachy.
