Troubling Freedom

Troubling Freedom
Author :
Publisher : Duke University Press
Total Pages : 184
Release :
ISBN-10 : 9780822375050
ISBN-13 : 0822375052
Rating : 4/5 (50 Downloads)

Synopsis Troubling Freedom by : Natasha Lightfoot

In 1834 Antigua became the only British colony in the Caribbean to move directly from slavery to full emancipation. Immediate freedom, however, did not live up to its promise, as it did not guarantee any level of stability or autonomy, and the implementation of new forms of coercion and control made it, in many ways, indistinguishable from slavery. In Troubling Freedom Natasha Lightfoot tells the story of how Antigua's newly freed black working people struggled to realize freedom in their everyday lives, prior to and in the decades following emancipation. She presents freedpeople's efforts to form an efficient workforce, acquire property, secure housing, worship, and build independent communities in response to elite prescriptions for acceptable behavior and oppression. Despite its continued efforts, Antigua's black population failed to convince whites that its members were worthy of full economic and political inclusion. By highlighting the diverse ways freedpeople defined and created freedom through quotidian acts of survival and occasional uprisings, Lightfoot complicates conceptions of freedom and the general narrative that landlessness was the primary constraint for newly emancipated slaves in the Caribbean.

Bondmen and Rebels

Bondmen and Rebels
Author :
Publisher : Duke University Press
Total Pages : 358
Release :
ISBN-10 : 0822313367
ISBN-13 : 9780822313366
Rating : 4/5 (67 Downloads)

Synopsis Bondmen and Rebels by : David Barry Gaspar

Originally published in 1985, and available for the first time in paperback, Bondmen & Rebels provides a pioneering study of slave resistance in the Americas. Using the large-scale Antigua slave conspiracy of 1736 as a window into that society, David Barry Gaspar explores the deeper interactive character of the relation between slave resistance and white control.

Laws of Creation

Laws of Creation
Author :
Publisher : Harvard University Press
Total Pages : 286
Release :
ISBN-10 : 9780674067646
ISBN-13 : 0674067649
Rating : 4/5 (46 Downloads)

Synopsis Laws of Creation by : Ronald A. Cass

Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.

Islamic Law and Civil Code

Islamic Law and Civil Code
Author :
Publisher : Columbia University Press
Total Pages : 215
Release :
ISBN-10 : 9780231520997
ISBN-13 : 0231520999
Rating : 4/5 (97 Downloads)

Synopsis Islamic Law and Civil Code by : Richard A. Debs

Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.

Elements of Private International Law

Elements of Private International Law
Author :
Publisher : Ian Randle Publishers
Total Pages : 339
Release :
ISBN-10 : 9789768167385
ISBN-13 : 9768167386
Rating : 4/5 (85 Downloads)

Synopsis Elements of Private International Law by : Winston Anderson

Law’s Abnegation

Law’s Abnegation
Author :
Publisher : Harvard University Press
Total Pages : 267
Release :
ISBN-10 : 9780674974715
ISBN-13 : 0674974719
Rating : 4/5 (15 Downloads)

Synopsis Law’s Abnegation by : Adrian Vermeule

Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.

The Law of Primitive Man

The Law of Primitive Man
Author :
Publisher : Harvard University Press
Total Pages : 372
Release :
ISBN-10 : 0674038703
ISBN-13 : 9780674038707
Rating : 4/5 (03 Downloads)

Synopsis The Law of Primitive Man by : E. Adamson Hoebel

This classic work in the anthropology of law offers ambitiously conceived analyses of the fundamental rights and duties treated as law among nonliterate peoples. The heart of the book is an analysis of the law of five societies: the Eskimo; the Ifugao; the Comanche, Kiowa, and Cheyenne tribes; the Trobriand Islanders; and the Ashanti.

Minding the Law

Minding the Law
Author :
Publisher : Harvard University Press
Total Pages : 467
Release :
ISBN-10 : 9780674020207
ISBN-13 : 0674020200
Rating : 4/5 (07 Downloads)

Synopsis Minding the Law by : Anthony G. AMSTERDAM

In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School