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Intimate Lies and the Law
This is the first book that systematically examines deception in sexual, marital, and familial relationships and uncovers the hidden body of law that shields intimate deceivers from legal consequences. It argues that entering an intimate relationship-or being duped into one-should not mean losing the law's protection from deceit.
Intimate Lies and the Law
Jill Elaine Hasday's Intimate Lies and the Law won the Scribes Book Award from the American Society of Legal Writers "for the best work of legal scholarship published during the previous year" and the Foreword INDIES Book of the Year Award for Family and Relationships. Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate's bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in dating, sex, marriage, and family life. Intimates can lie or otherwise intentionally mislead each other a...
Family Law Reimagined
This is the first book to explore the canonical narratives, stories, examples, and ideas that legal decisionmakers invoke to explain family law and its governing principles. Jill Elaine Hasday shows how this canon misdescribes the reality of family law, misdirects attention away from actual problems family law confronts, and misshapes policies.
Repugnant Laws
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant cata...
Marital Rape
Marital Rape is the first book to examine rape in marriage as a global problem affecting millions of women. While legal and cultural conceptions of marital rape vary widely -- from criminal assault to wifely duty -- the authors document that forced sex undermines the physical and psychological well-being of women in all cultures.
Family Law in America
This volume examines the state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships.
Act and Crime
In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements andnothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (inaddition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides bothlegislators and judgees (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability.
The Place of Families
In this bold new book, Linda McClain offers a liberal and feminist theory of the relationships between family life and politics--a topic dominated by conservative thinkers. McClain agrees that stable family lives are vital to forming persons into capable, responsible, self-governing citizens. But what are the public values at stake when we think about families, and what sorts of families should government recognize and promote? Arguing that family life helps create the virtues and character required for citizenship, McClain shows that the connection between family self-government and democratic self-government does not require the deep-laid gender inequality that has historically accompanied it. Examining controversial issues in family law and policy--among them, the governmental promotion of heterosexual marriage and the denial of marriage to same-sex couples, the regulation of family life through welfare policy, and constitutional rights to reproductive freedom--McClain argues for a political theory of the family that embraces equality, defends rights as facilitating responsibility, and supports families in ways that respect men's and women's capacities for self-government.
Feminist Legal History
Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women's interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women's legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment. Feminist Legal History represents feminist legal historians' efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law pr...
Between Authority and Interpretation
In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitima...
