Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.
In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Slavery is not a crime confined to the far reaches of history. It is an injustice that continues to entrap twenty-seven million people across the globe. Laura Murphy offers close to forty survivor narratives from Cambodia, Ghana, Lebanon, Macedonia, Mexico, Russia, Thailand, Ukraine, and the United States, detailing the horrors of a system that forces people to work without pay and against their will, under the threat of violence, with little or no means of escape. Representing a variety of circumstances in diverse contexts, these survivors are the Frederick Douglasses, Sojourner Truths, and Olaudah Equianos of our time, testifying to the widespread existence of a human rights tragedy and the urgent need to address it. Through storytelling and firsthand testimony, this anthology shapes a twenty-first-century narrative that many believe died with the end of slavery in the Americas. Organized around such issues as the need for work, the punishment of defiance, and the move toward activism, the collection isolates the causes, mechanisms, and responses to slavery that allow the phenomenon to endure. Enhancing scholarship in women's studies, sociology, criminology, law, social work, and literary studies, the text establishes a common trajectory of vulnerability, enslavement, captivity, escape, and recovery, creating an invaluable resource for activists, scholars, legislators, and service providers.
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
From the nation's most peripatetic civil liberties lawyer comes a "dazzling and stimulating" exploration of how the creation of the ten commandments provides the origins to today's law (Library Journal). Alan Dershowitz is one of America's most famous litigation experts. In the Genesis of Justice he examines the Genesis narratives to bring to the reader an insight into the creation of the ten commandments and much of what is now law.
In the hands of a skilled trial lawyer, the closing argument offers the courtroom's greatest dramatic possiblilities. It is the advocate's last opportunity to convince the jury of their version of the "truth" before the defendent's fate is sealed. Every argument included here is a finely crafted verbal work of art - they represent the modern-day, highest form of an ancient profession and art: that of the storyteller. The only available collection of great closing arguments - complete with insightful analysis and biographical profiles of the lawyers involved - this fascinating volume gathers the passionate finales of the most celebrated cases in history. Included are the climactic closes to the Nuremberg War Trials; Gerry Spence's crusade against the Kerr-McGee Nuclear Power Plant after the mysterious death of Karen Silkwood; Vincent Bugliosi's successful prosecution of cult leader Charles Manson and his followers; the astounding acquittal of John Delorean despite video evidence of his offences and the prosecution resulting from the Mai Lai massacre.
For many years high school teachers have wished for books of short stories edited for high school use. To make use of a book of short stories in high school work is to fall in line with the most modern developments in the teaching of literature in high school. -- Preface.
