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Our Word Is Our Bond
Words can be misspoken, misheard, misunderstood, or misappropriated; they can be inappropriate, inaccurate, dangerous, or wrong. When speech goes wrong, law often steps in as itself a speech act or series of speech acts. Our Word Is Our Bond offers a nuanced approach to language and its interaction and relations with modern law. Marianne Constable argues that, as language, modern law makes claims and hears claims of justice and injustice, which can admittedly go wrong. Constable proposes an alternative to understanding law as a system of rules, or as fundamentally a policy-making and problem-solving tool. Constable introduces and develops insights from Austin, Cavell, Reinach, Nietzsche, Der...
Just Silences
Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences i...
The Law of the Other
The Law of the Other is an account of the English doctrine of the "mixed jury". Constable's excavation of the historical, rhetorical, and theoretical foundations of modern law recasts our legal and sociological understandings of the American jury and our contemporary conceptions of law, citizenship, and truth. The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.
Looking for Law in All the Wrong Places
For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determine...
The Gift of Science
Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The "gift" of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.
The Justice of Mercy
Is there room for mercy in a system of justice?
Women and Children First
This diverse collection explores the rhetoric of a wide range of public policies that propose "to put women and children first," including homeland security, school violence, gun control, medical intervention of intersex infants, and policies that aim to distinguish "good" from "bad" mothers. Using various feminist philosophical analyses, the contributors uncover a logic of paternalistic treatment of women and children that purports to protect them but almost always also disempowers them and sometimes harms them. This logic is widespread in contemporary popular policy discourse and affects the way that people understand and respond to social and political issues. Contributors rethink basic philosophical assumptions concerning subjectivity, difference, and dualistic logic in order to read the rhetoric of contemporary public policy discourse and develop new ways of talking and acting in the policy domain.
Law and the Humanities
A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.
Declarations of Interdependence
This book takes up the postcolonial challenge for law and explains how the problems of legal recognition for Indigenous peoples are tied to an orthodox theory of law. Constructing a theory of legal pluralism that is both critical of law's epistemological and ontological presuppositions, as well as discursive in engaging a dialogue between legal traditions, Anker focusses on prominent aspects of legal discourse and process such as sovereignty, proof, cultural translation and negotiation. With case studies and examples principally drawn from Australia and Canada, the book seeks to set state law in front of its own reflection in the mirror of Indigenous rights, drawing on a broad base of schola...
The Dearest Birth Right of the People of England
Legal scholars from Britain and the US have revised 11 presentations they made to the 14th British Legal History Conference on Parliaments, Juries, and the Law, held in Edinburgh in July 1999. Among their topics are the civil jury in modern Scottish legal history, Medieval Wales, English manorial courts, the origins of the confrontation right and hearsay rule, jury research in the English Reports on CD-ROM, forgery and the jury at the Old Bailey from 1818 to 1821, and malicious prosecution as a test case for the fate of the civil jury in late Victorian England. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
