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.
“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
Law and Order offers a valuable new study of the political and social history of the 1960s. It presents a sophisticated account of how the issues of street crime and civil unrest enhanced the popularity of conservatives, eroded the credibility of liberals, and transformed the landscape of American politics. Ultimately, the legacy of law and order was a political world in which the grand ambitions of the Great Society gave way to grim expectations. In the mid-1960s, amid a pervasive sense that American society was coming apart at the seams, a new issue known as law and order emerged at the forefront of national politics. First introduced by Barry Goldwater in his ill-fated run for president in 1964, it eventually punished Lyndon Johnson and the Democrats and propelled Richard Nixon and the Republicans to the White House in 1968. In this thought-provoking study, Michael Flamm examines how conservatives successfully blamed liberals for the rapid rise in street crime and then skillfully used law and order to link the understandable fears of white voters to growing unease about changing moral values, the civil rights movement, urban disorder, and antiwar protests. Flamm documents how conservatives constructed a persuasive message that argued that the civil rights movement had contributed to racial unrest and the Great Society had rewarded rather than punished the perpetrators of violence. The president should, conservatives also contended, promote respect for law and order and contempt for those who violated it, regardless of cause. Liberals, Flamm argues, were by contrast unable to craft a compelling message for anxious voters. Instead, liberals either ignored the crime crisis, claimed that law and order was a racist ruse, or maintained that social programs would solve the "root causes" of civil disorder, which by 1968 seemed increasingly unlikely and contributed to a loss of faith in the ability of the government to do what it was above all sworn to do-protect personal security and private property.
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.
An anonymous barrister offers a shocking, darkly comic and very moving journey through the legal system – and explains how it's failing all of us. The Sunday Times number one bestseller. Winner of the Books are My Bag Non-Fiction Award. Shortlisted for Waterstones Book of the Year. Shortlisted for Specsavers Non-Fiction Book of the Year. You may not wish to think about it, but one day you or someone you love will almost certainly appear in a criminal courtroom. You might be a juror, a victim, a witness or – perhaps through no fault of your own – a defendant. Whatever your role, you’d expect a fair trial. I’m a barrister. I work in the criminal justice system, and every day I see how fairness is not guaranteed. Too often the system fails those it is meant to protect. The innocent are wronged and the guilty allowed to walk free. In The Secret Barrister: Stories of the Law and How It's Broken I want to share some stories from my daily life to show you how the system is broken, who broke it and why we should start caring before it’s too late. A Sunday Times top ten bestseller for twenty-four weeks. ‘Eye-opening, funny and horrifying’ – Observer ‘Everyone who has any interest in public life should read it’ – Daily Mail
"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
Ranging from the 1860s when women first sought entrance into law to the 1930s when most institutional barriers had crumbled, this book defines the contours of women's integration into the most rigidly gendered profession.
