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Cannons and Codes
This edited volume on war in law and literature addresses the many ways in which war affects human society and the many groups of people whose lives are affected by war. The essays, by preeminent scholars, discuss the ways in which literary works can shed light on legal thinking about war, and how a deep understanding of law can lead to interpretive insights on literary works. Some concern the lives of soldiers; others focus on civilians living in war zones, who are caught up in the conflict; still others address themselves to the home front, far from the theatre of war. By collecting such diverse perspectives, with contributions from preeminent scholars of philosophy, literature, and law, this volume aims to show how literature has reflected the totalizing nature of war and the ways in which it distorts law across domains.
The Taming of Free Speech
In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in ...
Fatal Fictions
Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equipped with a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government, along with the protection of victims by the p...
The Free Speech Century
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's ...
The Turn to Process
In The Turn to Process, Kunal M. Parker explores the massive reorientation of American legal, political, and economic thinking between 1870 and 1970. Over this period, American conceptions of law, democracy, and markets went from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. No longer viewed as founded in justice and morality, law became a way of doing things centered around legal procedure. Shedding its foundations in the 'people,' democracy became a technique of governance consisting of an endless process of interacting groups. Liberating themselves from the truths of labor, markets and market actors became intellectual and political techniques without necessary grounding in the reality of human behavior. Contrasting nineteenth and twentieth century legal, political, and economic thought, this book situates this transformation in the philosophical crisis of modernism and the rise of the administrative state.
Freedom of Expression
A comparison of French and American approaches to freedom of expression, with reference to the historical, social and philosophical contexts.
The Red Thread
This book tells the story of 15,000 wool workers who went on strike for more than a year, defying police violence and hunger. The strikers were mainly immigrants and half were women. The Passaic textile strike, the first time that the Communist Party led a mass workers’ struggle in the United States, captured the nation’s imagination and came to symbolize the struggle of workers throughout the country when the labor movement as a whole was in decline during the conservative, pro-business 1920s. Although the strike was defeated, many of the methods and tactics of the Passaic strike presaged the struggles for industrial unions a decade later in the Great Depression.
Big Money Unleashed
The story of how the First Amendment became an obstacle to campaign finance regulation—a history that began much earlier than most imagine. Americans across party lines believe that public policy is rigged in favor of those who wield big money in elections. Yet, legislators are restricted in addressing these concerns by a series of Supreme Court decisions finding that campaign finance regulations violate the First Amendment. Big Money Unleashed argues that our current impasse is the result of a long-term process involving many players. Naturally, the justices played critical roles—but so did the attorneys who hatched the theories necessary to support the legal doctrine, the legal advocacy groups that advanced those arguments, the wealthy patrons who financed these efforts, and the networks through which they coordinated strategy and held the Court accountable. Drawing from interviews, public records, and archival materials, Big Money Unleashed chronicles how these players borrowed a litigation strategy pioneered by the NAACP to dismantle racial segregation and used it to advance a very different type of cause.
In Between and Across
In Between and Across acknowledges the boundaries that have separated different modes of historical inquiry, but views law as a way of talking across them. It recognizes that legal history allows scholars to talk across many boundaries, such as those between markets and politics, between identity and state power, as well as between national borders and the flows of people, capital and ideas around the world.
The Tenderness of Silent Minds
"The Tenderness of Silent Minds presents Benjamin Britten's musical representations of the body amidst the brutality of war and their ability to transform consciousness by evoking potent, non-personal emotions. It also highlights Britten's notions about the value and beauty of the body in correlation with his partnership with singer Peter Pears, his lover. Technical musicological analysis within philosophical accounts of the aesthetics of the musical portrayal of war and the ethics of pacifism allowed a compelling framework for critically assessing Britten's oeuvre. Moreover, the perspectives from Britten's letters help highlight the social and political backdrop of fear and homophobic disgust in mid-twentieth century Britain. The Tenderness of Silent Minds also focuses on how War Requiem confronted listeners with the reality of bodily experience in war, eliciting compassion through its depiction of beauty, vulnerability, and eroticism"--
