Legal history Books
Harvard University Press Writing for Hire
Book SynopsisProfessional writers may earn a tidy living for their work, but they seldom own their writing. Catherine Fisk traces the history of labor relations that defined authorship in film, TV, and advertising in the mid-twentieth century, showing why strikingly different norms of attribution emerged in these overlapping industries.Trade ReviewThis is an incisive work of scholarship and historical reconstruction that not only captures the dilemma of authorship in corporatized film, TV, and advertising but also demonstrates the central importance of good old-fashioned trade unionism in defending the creativity, status, and income of even the most renowned writers. For any ‘knowledge worker’ vexed about his or her place in the gig economy, Catherine Fisk’s eye-opening book is essential reading. -- Nelson Lichtenstein, author of A Contest of Ideas: Capital, Politics, and LaborDrawing on previously unexplored archival sources, Catherine Fisk has produced a rich and rewarding comparison of two parallel cultures of professional writers doing similar work in different industries. Fisk’s book combines a captivating narrative with insightful legal, economic, and social analysis of how writers, movie studios, and advertising agencies grappled with issues of attribution in the formative decades of radio, film, and television. -- R. Anthony Reese, University of California, Irvine School of LawOpening the archives of firms, guilds, and corporations, Catherine Fisk uncovers the stories of dozens of writer-employees and the rapidly changing parameters of their work. Madison Avenue and Hollywood appear as we’ve never seen them before—as twin sectors of the work-for-hire economy separated at birth by divergent practices of attribution, recognition, and unionization. Writing for Hire makes labor history an indispensable means of understanding copyright in the twentieth century and beyond. -- Paul K. Saint-Amour, author of Tense Future: Modernism, Total War, Encyclopedic FormCatherine Fisk has written an immensely readable historical study of the legal and social significance of creative authorship in the American entertainment and advertising industries. Writing for Hire provides clarity and insight on questions of authorship, intellectual property, and unionization—all of which are essential concerns for anyone working in or studying the creative industries today. -- Miranda Banks, author of The Writers: A History of American Screenwriters and Their GuildAn illuminating work for everyone interested in histories of ‘the author,’ of intellectual property, of unionization, and of Hollywood. Fisk tells a largely unknown story of labor success. And along the way, she uses her imaginative and extensive research to offer something close to an ethnography of contracting behavior and the cultural underpinnings of contracting in twentieth-century America. -- Hendrik Hartog, Princeton University
£32.36
Harvard University Press Pillars of Justice
Book SynopsisThe constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.Trade ReviewThis book is a testimonial for all of those who can still believe in the nobility of law—the capacity, as Fiss says, of ‘law working itself pure.’ This is an enormously important message, and it surely deserves to be heard at a time when idealism and faith in law are in very short supply in this country. -- Stanley N. Katz, Princeton UniversityIn his elegant portraits of leading legal figures of our day, Fiss brilliantly captures a particular moment in the recent history of liberalism, one full of the promise that law could make good on its twin commitments to liberty and equality. An important, timely, and unexpectedly moving book. -- Lawrence Douglas, Amherst CollegeFiss, an eminent constitutional scholar, offers a warm and generous reflection on the men and women who shaped his life in the law. -- Michael O’Donnell * New York Times Book Review *One of the greatest teachers I’ve ever had…A master teacher who had a clear view of the law as an engine of justice and of fundamental values…This book is a book about thirteen of Owen’s greatest teachers and his vision of the law and his heroes in the law—the people who inspired him to carry on this torch of reason. He calls one of his teachers, Aharon Barak, an apostle of the Enlightenment and that’s what Owen Fiss is. -- Jeffrey Rosen, president and CEO of the National Constitution CenterFrom these spare and elegant profiles emerges a collective portrait of greatness in the law and, more particularly, of Fiss’s conception of what makes law great. In an era when lawyers are often condemned as hired guns, and law is often dismissed as little more than politics in disguise, Fiss’s collection provides a welcome counterpoint by reminding us that law, pursued in the interests of justice rather than material interest or self-aggrandizement, can be a noble profession…Taken together, these essays offer readers a view of constitutional and civil-rights law as a forum for articulating the nation’s most fundamental values; for enforcing those ideals when the political branches are not up to doing so; and for pursuing justice through the application of reasoned judgment. Today, too many lawyers—professors and practitioners alike—reject this approach as naive and overly idealistic; they view law more cynically as just a tool of political action, no different from any other. In this book, Fiss offers concrete evidence, drawn from the lives of others, that this cynicism is not warranted. -- David Cole * The Nation *
£32.36
Harvard University Press Criminal Dissent
Book SynopsisThe prosecution of dissent under the Alien and Sedition Acts affected far more people than previously realized. It also provoked the first battle over the Bill of Rights. Wendell Bird provides the definitive account of a dark moment in U.S. history, reminding us that expressive freedom and opposition politics are essential to a stable democracy.Trade ReviewAn exhaustive taxonomy of the prosecutions that took place under these high-handed laws. Doggedly scouring federal court records as well as the papers of such notorious partisans as Secretary of State Timothy Pickering, Bird persuasively argues that the Federalists’ attempt to squash opposition and the free flow of ideas was even more nefarious than we thought…These acts legalized xenophobia, paranoia, censorship, and repression…The Federalist commitment to criminalizing dissent chills the blood, especially today. -- Brenda Wineapple * New York Review of Books *For Americans who think they are living through a period of unprecedented partisan animosity, Wendell Bird's new book Criminal Dissent, a history of prosecutions under the Alien and Sedition Acts of 1798, provides some useful perspective. -- Jacob Sullum * Reason *Bird assembles a newly comprehensive account of sedition prosecutions and deportations…[He] confirms the picture of a targeted harassment campaign by the Adams administration against its Republican critics…The meat of the book offers a meticulous recounting of individual cases. -- Sara Mayeux * Journal of the Early Republic *Bird has deepened and expanded the historical scholarship about the legal history of the 1790s Alien and Sedition Acts…Future historians will mine his impressive research achievements…Bird hopes that his work serves as a warning against modern administrations on the issue of speech and press liberties. -- Thomas C. Mackey * New England Quarterly *The leading account of the period—Freedom’s Fetters by James Morton Smith—is more than 60 years old. Wendell Bird’s book may be the definitive account for the next 60…Urges readers to see the centrality of this early debate around speech and press rights…Bird defines the heart of this early debate as one that recurs, though wearing new clothes, in each era. -- Marc Lendler * The Historian *By surveying the Alien and Sedition Acts prosecutions more thoroughly than has been done before, Bird makes clear the seriousness of the threats these statutes posed to freedom in the new republic. Had there not been the massive resistance to these acts that Bird so well demonstrates—in Congress, in the press, in juries, and even among judges—the repressive instincts that motivated then might not have been easily abandoned. -- David Anderson, author of Mass Media LawFurthers our understanding of the period’s legal practices through a detailed and sophisticated treatment of criminal prosecutions. Most broadly, it offers useful insights into the complex relationship between law and politics, the historical origins of the First Amendment, and the need for strong, transcendent principles of basic rights. -- Daniel Kanstroom * Journal of Interdisciplinary History *Thoroughly researched…Bird has written a social as well as legal history of the Sedition Act prosecutions, and one is left worrying about hungry families, widows succeeding their printer husbands, and the happy vehemence with which the Federalists drove their opponents into poverty. -- Jack N. Rakove * American Historical Review *Wendell Bird combines wide and deep research, analytical skill, and clear and strong prose to illuminate the history of the Alien and Sedition Acts of 1798. In addition to his superb, thoughtful treatment of the Sedition Act—a landmark in the history of contests over the meaning of freedom of speech and freedom of the press—Bird enriches our understanding of the neglected Alien Acts. This fine book will be invaluable to any student of free speech and free press, of citizenship, of the early American republic, and of the formative period of U.S. constitutional history. -- R. B. Bernstein, author of The Education of John AdamsNothing in the historical canon is truly definitive, but Bird’s accounts of these prosecutions comes close. His lawyerly eye has unmasked a number of pseudonyms, addressed prosecutions of aiders and abettors, and even found a few Federalists who were targeted. A clear and compelling study. -- Peter Charles Hoffer, author of Uncivil Warriors: The Lawyers’ Civil WarA benchmark history of the Alien and Sedition Acts and their place in the political culture of the 1790s. With encyclopedic erudition, Bird documents the legal history of criminalized dissent and the rhetoric of transatlantic revolution and reaction that drove partisan politics in the early republic. He also does something more: he restores the necessity of a vibrant, contested polity to its rightful place at the center of American political ideas. Never has the Jeffersonian argument for an active and dissenting citizenry been more important, and never before have we had a more thorough treatment of that argument’s origin and legacy. -- Matthew Crow, author of Thomas Jefferson, Legal History, and the Art of RecollectionThanks to Bird’s superlative sleuthing, now we know that Jeffersonian Republicans’ objections to the Alien and Sedition Acts were not based on novel arguments, many more people were targeted than we thought, not everyone targeted was a Republican, and few state legislatures supported the Adams administration’s campaign of repression. A must-read. -- Kevin R. C. Gutzman, author of James Madison and the Making of America[An] important book…The Alien and Sedition Acts represented the worst of the Federalists, a considerable stain on their legacy. Bird shows that the stain was worse and larger than previously understood. -- Eli J. Richardson * Law360 *A definitive account of the life and death of the Sedition Act…The importance of Criminal Dissent is, in large part, due to the time in which we find ourselves: a conservative Court with at least one strident originalist who has had great success in pulling the Court in his interpretative direction. Indeed, Bird’s comprehensive research puts the lie to Justice Thomas’ arguments that Blackstone is the answer, that freedom of the press was viewed narrowly, and that the Sedition Act tells us little about the meaning of free speech. And it does so—importantly—on Thomas’ originalist terms. Criminal Dissent should be a feature in coming Supreme Court briefs. -- Matthew L. Schafer * First Amendment News *Historians have been kind, sometimes surprisingly so, to Federalist John Adams, but that lapse has been corrected in spades by the publication of Criminal Dissent by Wendell Bird. -- Gerald F. Uelmen * Western Legal History *Bird argues…that in some sense ‘everyone’ was harmed by the Alien and Sedition Acts, which created a chilling climate for political speech…A painstakingly researched, forcefully argued analysis of a period in American history that, as Bird points out, resonates with questions still faced in the present day. -- Alice Henton * Early American Literature *
£999.99
Harvard University Press The Right of Publicity Privacy Reimagined for a
Book SynopsisFrom athletes to victims of revenge porn, people have been transformed into intellectual property. Who controls one's identity? Jennifer Rothman uses the right of publicity a little-known law to answer this question. By tracing the right's origins to privacy laws in the 1800s, she finds a way to reclaim privacy for a public world.Trade ReviewA fascinating read for anyone who is interested in the nuts and bolts of right of publicity law and how the doctrine evolved to where it is today. It also will serve as a valuable resource for litigators looking for guidance on how to reconcile the seemingly contradictory precedent in a way that is understandable…This book will quickly become one of the most cited sources by litigants and courts grappling with right of publicity issues. -- Stephanie S. Abrutyn * Communications Lawyer *An unquestionably important book. Masterfully researched and deftly crafted, it is probably the best single source for gaining a deep understanding of the doctrine’s history, context, and politics… Deserves a place among the must-reads of American right of publicity law. -- Eric E. Johnson * IP Law Book Review *A formidable book that maps out the contours of the publicity right in an appealing and timely way. -- Eleanor Wilson * Journal of Intellectual Property Law and Practice *Rothman’s important book is an excellent contribution to the field, one that will hopefully provoke courts and legislatures to rethink their headlong expansion of the right of publicity. It should be required reading for anyone dealing with the right of publicity. -- Mark Lemley * Michigan Law Review *Rothman provides a complete legal and cultural history of the right of publicity, tracing its development from the late 1800s to its modern-day expansion as a transferable right of property. Fascinating details of the individuals behind the cases, including celebrities and private citizens, inform how the law’s current contours have been shaped…Indispensable. -- Rachel Bridgewater * Library Journal *This is the definitive biography of the right of publicity, whose boundaries have exploded in recent years. Jennifer Rothman tells the story with zest, explaining how we should restructure this right in our fame-obsessed age. -- Jack M. Balkin, Yale Law SchoolThe book is a fascinating read for anyone interested in gaining a better understanding of the nuts and bolts of right of publicity law and how the doctrine evolved to where it is today. Rothman concisely connects the dots among seemingly irreconcilable court decisions while debunking myths about the early case-law. -- Stephanie Abrutyn, Senior Vice President and Chief Counsel, Litigation at HBORothman makes a crucial argument that goes to the heart of the current legal doctrine. -- Jessica Litman, author of Digital CopyrightJennifer Rothman has written an important, informative study of the right of publicity as it has developed in the United States and its connections to a robust privacy right. By reexamining the past, she has elaborated principles that will be useful in defining both publicity and privacy rights for the digital age. -- Rebecca Tushnet, Harvard Law School
£31.41
Princeton University Press The Supreme Court and Religion in American Life
Book SynopsisOffers an exploration of the Supreme Court's approach to religion, offering a close look at various cases. This book traces the history of the way the Court has rendered important decisions involving religious liberty. It offers a fresh analysis of some of the Court's most important decisions in constitutional doctrine.Trade Review"The Supreme Court and Religion in American Life provides for the general reader a useful road map through the history and case law. The first of the two volumes tells the history rather comprehensively, with a minimum of interpretive overlay. The second tries to understand the story. Hitchcock's work is especially valuable for his extensive coverage of the Court's religion jurisprudence before the deluge--that is, before the 1940s, when the Court deliberately made itself a tribunal of the nation's religious disputes."--Russell Hittinger, First ThingsTable of ContentsIntroduction to Volume 1 1 CHAPTER O NE The Kingdom of This World 3 CHAPTER T WO Belief and Action 18 CHAPTER T HREE The Phantom Wall 32 CHAPTER F OUR Clouds of Witnesses 43 CHAPTER F IVE Expansion 60 CHAPTER S IX Contraction 90 CHAPTER S EVEN Religious Education and Public Support 122 C ONCLUSION 149 Notes 163 Bibliography 193 Index of Justices 205 Index of Cases 207 General Index 213
£55.80
Princeton University Press The Supreme Court and Religion in American Life
Book SynopsisOffers an analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. This book examines how a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority.Trade Review"Hitchcock's work offers timely admonition to those who are concerned about religion, politics, and society. As church and state increasingly intersect, his proposal offers a compelling way forward: to see separation as governing the relationship between religion and government and accommodation as defining the relationship between religion and culture."--Jeremiah H. Russell, Christian Social Thought "These two volumes are a wonderful gift to the scholarly enterprise of American church-state jurisprudence. They are part of a growing body of literature that is forcing many of us to revisit, either critically or sympathetically, the received understanding of the history of, and the judicial reasoning about, the religion clauses of America's First Amendment... [I]t is the sort of scholarship that for years to come will be included in the canon of works that must be addressed before one offers an alternative or complementary perspective."--Francis J. Beckwith, Journal of Church and StateTable of ContentsIntroduction to Volume 2 1 CHAPTER ONE: Original Intent 3 CHAPTER TWO: Patterns of Establishment 22 CHAPTER THREE: Pillars of a Wall 47 CHAPTER FOUR: The Faiths of the Justices 77 CHAPTER FIVE: A Fragile Wall 109 CONCLUSION 133 Notes 165 Bibliography 211 Index of Justices 245 Index of Cases 247 General Index 251
£55.25
Princeton University Press Inherited Wealth
Book SynopsisA comparative study of the development of inheritance law in the United States, France, and Germany, this work investigates longstanding political and intellectual debates over inheritance laws and explains why these laws differ so greatly among these countries.Trade Review"Sociologist Beckert provides a thoughtful overview and analysis of the development of inheritance law in the US, Germany, and France, focusing on the period from the 1700s to the present... Beckert successfully argues that the three countries' trajectories have reflected important cultural, political, and economic differences, and he rejects earlier arguments that the process has been driven by increased individualization. Because the book is balanced and knowledgeably covers an immense amount of ground, the reader quickly comes to respect Beckert's arguments and insights."--R. M. Whaples, Wake Forest University, for Choice "Breathtaking in its detail and logic, Beckert's analysis is constructed with the precision of an economist building a model."--Livio Di Matteo, Canadian Journal of Sociology "Inherited Wealth is foremost an enjoyable and erudite invitation to an extremely interesting yet understudied research area. Beckert successfully captures the reader's interest in the empirical relations and normative issues addressed in his book."--Andrea Pozas-Loyo, Law and Politics Book Review "Translated into English and aimed at an academic audience, this volume draws on a wealth of French and German sources not readily accessible to Anglophone scholars and offers an unusually comprehensive comparative analysis."--Anne Alstott, Socio-Economic Review "Jens Beckert has produced a fascinating and admirable work... Beckert offers a number of interesting ideas. He goes over the important debates and the writers on inheritance law and thus contributes to intellectual history... He has a methodology for exploring debates, content analysis, that is worthy of attention because it can be obviously used in a vast number of American studies of ideology--indeed, a formulation that I think is particularly apropos to the Civil War era... The interpretations are sound, the use of theory wise, the methodology instructive, and the information provocative. For individuals in legal history, political history, and transatlantic studies, this book comes with the highest recommendation."--James Huston, Journal of Social HistoryTable of ContentsACKNOWLEDGMENTS vii Chapter 1: Introduction 1 1.1 Inheritance and Modern Society 1 1.2 Social Dimensions of Inheritance Law 12 Chapter 2: The Right to Bequeath: Testamentary Freedom and the Individuality of Property 21 2.1 France: Equality versus the Freedom of Private Disposition over Property 23 2.2 Germany: Testamentary Freedom versus Family and Social Justice 50 2.3 United States: Equality of Opportunity versus Individual Rights of Disposition 69 2.4 Conclusion 80 Chapter 3: Equality and Inclusion: The Inheritance Rights of the Family 83 3.1 The Principle of Equality in Intestacy Law 87 3.2 The Spouse in Intestacy Law 90 3.3 The Integration of Illegitimate Children into Inheritance Law 99 3.4 Conclusion 109 Chapter 4: Political Structure and Inheritance Law: The Abolition of Entails 114 4.1 The Double Abolition of Substitutions in France 119 4.2 The Delayed Abolition of Fideikommisse in Germany 131 4.3 The Abolition of Entails in the American Revolution 156 4.4 Conclusion 163 Chapter 5: Social Justice through Redistribution? The Taxation of Inheritance 167 5.1 Equality of Opportunity versus Private Property: The Estate Tax in the United States 171 5.2 "Sense of Family" versus Social Justice: The Inheritance Tax in Germany 209 5.3 Destruction of National Wealth? The Progressive Inheritance Tax in France 243 5.4 Conclusion 270 Chapter 6: Conclusion: Discourses and Institutions 275 APPENDIX: THE METHOD OF CONTENT ANALYSIS OF PARLIAMENTARY DEBATES 295 NOTES 299 REFERENCES 343 INDEX 367
£51.00
Princeton University Press Building the Judiciary
Book SynopsisHow did the federal judiciary transcend early limitations to become a powerful institution of American governance? This book uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century.Trade Review"Crowe takes the position that, despite the conventional wisdom that the institutional legitimacy of the federal judiciary is a product of its own decisions, the growth of the institutional development and legitimacy of the national courts is a result of continued and strategic decisions made by political actors outside the judiciary. This interesting, important, and timely thesis is supported by the author's use of events through history. Crowe proves to be a master storyteller; the book is excellently researched and written, and the thesis is strongly and articulately supported... Scholars interested in the judiciary, American political development, Congress, and U.S. history will benefit from this thoughtful book."--Choice "Building the Judiciary is excellently written and accessible to readers who may have no background in American politics. I highly recommend the book to comparative judicial politics scholars who want to learn about the institutional development of the American federal judiciary."--Maria Popova, Perspectives on Politics "To illustrate the political process of constructing federal judicial institutions, Crowe has composed a book of remarkable architectural elegance."--Stephen M. Engel, Tulsa Law ReviewTable of ContentsAcknowledgments ix Chapter One: The Puzzle of Judicial Institution Building 1 Chapter Two: The Early Republic: Establishment 23 Chapter Three: Jeffersonian and Jacksonian Democracy: Reorganization 84 Four The Civil War and Reconstruction: Empowerment 132 Chapter Five: The Gilded Age and the Progressive Era: Restructuring 171 Chapter Six: The Interwar and New Deal Years: Bureaucratization 197 Chapter Seven: Modern America: Specialization 238 Chapter Eight: Judicial Power in a Political World 270 Index 281
£38.25
Princeton University Press The Legacy of Roman Law in the German Romantic
Book SynopsisWell after the process of codification had begun elsewhere in nineteenth-century Europe, ancient Roman law remained in use in Germany, expounded by brilliant scholars and applied in both urban and rural courts. The survival of this flourishing Roman legal culture into the industrial era is a familiar fact, but until now little effort has been madeTable of Contents*FrontMatter, pg. i*CONTENTS, pg. vii*Preface, pg. ix*Acknowledgments, pg. xvii*Abbreviations, pg. xviii*CHAPTER I. Law in the Fourth Monarchy of Melanchthon, pg. 3*CHAPTER II. Decline of the Roman-Law Corporate Tradition in the Eighteenth Century, pg. 41*CHAPTER III. Imperial Revival in the First Romantic Decade and the Discovery of the Antonines, pg. 66*CHAPTER IV. Imperial Tradition and the New Professoriate after 1814, pg. 92*CHAPTER V. High Cultural Tradition as an Instrument of Reform: The Professoriate and the Agrarfrage, pg. 151*CHAPTER VI. Cultural Crisis and Legal Change after 1840, pg. 200*Conclusion, pg. 229*Glossary of Terms and Phrases, pg. 235*Works Cited, pg. 239*Index, pg. 273
£37.80
MP-KAN Uni Press of Kansas The Snail Darter Case TVA Versus the Endangered
Book SynopsisThe 1978 decision in TVA v Hill, the Court's first decision interpreting the Endangered Species Act, remains one of the most instructive cases in American environmental law. This work reveals that the snail darter case was just one part of a long struggle over whether the TVA should build the Tellico Dam.Trade ReviewMurchison's insightful study provides a revealing look at one of the U.S. Supreme Court's most important environmental decisions and a milestone in late twentieth-century conservation politics. Jeffrey K. Stine, author of Mixing the Waters: Environment, Politics, and the Building of the Tennessee-Tombigbee Waterway ""I lived the legal saga of the snail darter for six years, and so understand better than most just how effectively Murchison has explored and analyzed that case's remarkably complex and shifting agglomeration of law, politics, institutional history, and environmental consciousness. The book is an impressive accomplishment."" Zygmunt Plater, coauthor of Environmental Law and Policy: Nature, Law, and Society, and petitioner and attorney in the snail darter case
£19.90
MP-KAN Uni Press of Kansas Repugnant Laws Judicial Review of Acts of
Book SynopsisIn a polarized time of partisan fervor, the US Supreme Court's routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or ""legislating from the bench"". But is this really the case? Keith Whittington asks in this volume, a first-of-its-kind history of judicial review.
£41.36
MP-KAN Uni Press of Kansas The Supreme Court and the American Elite 17892020
Book SynopsisProvides a history of the Court placed within the context of a broader history of the United States and its politics. In contrast to a typical book on US history, Lucas Powe, Jr situates the Court and its work into a broad narrative of American history.Trade ReviewThis expanded edition could not be more welcome or timely as America focuses on the relationship between politics and the US Supreme Court. Powe’s book is an essential introduction to the history of the Court and American constitutional law, and it covers a tremendous amount of ground efficiently and with lively prose. It remains the best one-volume history of the Supreme Court." - Keith E. Whittington, author of Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present"Professor Powe extends his valuable history of the Supreme Court as a political institution to include the departures of Justices Kennedy and Scalia and the arrivals of their replacements. These developments confirm his overall theme that the Court is generally a place where partisan interests clash and are resolved pretty much along the lines that they are resolved in Congress and the presidency. Reading Powe’s work we can think about whether or how our current hyperpolarized politics will affect the Court over the next decade." - Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law School"Anyone looking for a guide to the history of the Supreme Court will struggle to do better than this one. Powe pulls no punches in a work that is lively, insightful, and tremendous fun." - Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law, and author of Abortion and the Law in America: Roe v. Wade to the Present"The Supreme Court and the American Elite, 1789-2020 is a lively and opinionated history of the US Supreme Court as a political institution. Powe delights in puncturing the pretensions of the Court with an energetic style that is as enlightening as it is entertaining." - Jack M. Balkin, Yale Law School"The expanded second edition of The Supreme Court and the American Elite is a timely and thought-provoking contribution to legal and political science scholarship on Court decision-making, surveying the Court’s decisions up through the recent 2019–2020 term. Powe writes accessibly and incisively about the Court’s landmark decisions and their place within the wider context of American culture and political discourse. Therefore, this expanded edition will interest not just academics and avid Court-watchers but also the broader public." - Ronald Kahn, James Monroe Professor of Politics and Law Emeritus, Oberlin College
£27.50
MP-KAN Uni Press of Kansas Limits of Constraint
Book SynopsisRather than rehash theoretical debates about the merits of originalism, Limits of Constraint examines originalism in operation by focusing on the judicial opinions of three prominent Supreme Court originalists: Hugo Black, Antonin Scalia, and Clarence Thomas.Table of Contents Acknowledgments Introduction 1. Biographical Sketches 2. Hugo Black’s Originalism: Jeffersonian 3. Antonin Scalia’s Originalism: Hamiltonian 4. ClarenceThomas’s Originalism: Natural Law Libertarian 5. Black v. Scalia and Thomas 6. Scalia v. Thomas Conclusion NotesSelected Bibliography Case Index Subject Index
£39.85
MP-KAN Uni Press of Kansas The Lawyers Conscience A History of American
Book SynopsisA story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the ‘professionalism’ crisis facing lawyers today.Trade Review"Michael Ariens has written an exceptionally well-researched and thought-out book on the history of US legal ethics. The Lawyer’s Conscience is a brilliant exposition of the events and concerns that produced the ethical rules by which American lawyers live today. In its depth of research and in its critical judgment, it is unparalleled in the literature about legal ethics. Every lawyer should buy a copy and study it with great care."—M. H. Hoeflich, John H. & John M. Kane Distinguished Professor of Law, University of Kansas School of LawTable of Contents Preface and Acknowledgments Introduction 1. Origins, 1760–1830 2. Honor and Conscience, 1830–1860 3. Clients, Zeal, and Conscience, 1868–1905 4. Legal Ethics, Legal Elites, and the Business of Law, 1905–1945 5. Prosperity, Professionalism, and Prejudice, 1945–1969 6. Beginning and Ending, 1970–1983 7. The Professionalism Crisis and Legal Ethics in a Time of Rapid Change, 1983–2015 Conclusion Notes Index
£23.70
MP-KAN Uni Press of Kansas The Lawyers Conscience A History of American
Book SynopsisA story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the ‘professionalism’ crisis facing lawyers today.Trade Review"Michael Ariens has written an exceptionally well-researched and thought-out book on the history of US legal ethics. The Lawyer’s Conscience is a brilliant exposition of the events and concerns that produced the ethical rules by which American lawyers live today. In its depth of research and in its critical judgment, it is unparalleled in the literature about legal ethics. Every lawyer should buy a copy and study it with great care."—M. H. Hoeflich, John H. & John M. Kane Distinguished Professor of Law, University of Kansas School of LawTable of Contents Preface and Acknowledgments Introduction 1. Origins, 1760–1830 2. Honor and Conscience, 1830–1860 3. Clients, Zeal, and Conscience, 1868–1905 4. Legal Ethics, Legal Elites, and the Business of Law, 1905–1945 5. Prosperity, Professionalism, and Prejudice, 1945–1969 6. Beginning and Ending, 1970–1983 7. The Professionalism Crisis and Legal Ethics in a Time of Rapid Change, 1983–2015 Conclusion Notes Index
£39.85
University Press of Kansas Land Is Kin
Book SynopsisResponding to Vine Deloria, Jr’s call for all people to ‘become involved’ in the struggle to protect Indigenous sacred sites, Dana Lloyd’s Land Is Kin proposes a rethinking of sacred sites, and a rethinking of even land itself.Trade Review"Until the tired and faulty precedent of Lyng is dethroned, Indigenous sacred sites in the United States will continue to suffer the consequences of being treated as mere property. Dana Lloyd challenges this paradigm in Land Is Kin by looking backward and forward, asking how such a problematic framing of sacred land as government property came to be. She explores how this knotty tangle might be undone in a way that foregrounds Indigenous sovereignty, focusing on kinship with the land and the relationship work such intimacy demands. This important book will be compelling to readers across several fields—Native American and Indigenous studies, religious studies, and law—and to communities on the ground seeking fresh insights for gaining protection of their sacred places as relatives."—Greg Johnson, professor, Department of Religious Studies at University of California, Santa Barbara, and author of Sacred Claims: Repatriation and Living Tradition"This book is as refreshing as it is lucid. Where most observers consider a 1988 loss before the Supreme Court to be the end of the story for Native American sacred place protection in the land of religious freedom, Dana Lloyd presses through and beyond the language of religious freedom or wilderness to hear how Yurok, Karuk, and Tolowa peoples themselves assert their rights and responsibilities to land as kin."—Michael McNally, professor of religion, Carleton College, and author of Defend the Sacred: Native American Religious Freedom beyond the First Amendment"Dana Lloyd has written an important book. Ever since the Supreme Court decided the Lyng case in 1988, it has been used to severely limit and almost completely erase Indigenous land-based religious rights. Lloyd provides a new critique and analysis on how to understand and work around Lyng."—Robert J. Miller, coauthor of A Promise Kept: The Muscogee (Creek) Nation and McGirt v. OklahomaTable of Contents Acknowledgments Foreword by Judge Abby Abinanti Introduction: The High Country 1. Land as Home in the G-O Road Trial 2. Land as Property in the Lyng Decision 3. Land as Sacred in Justice Brennan’s Dissent 4. Land as Wild in the California Wilderness Act 5. Land as Kin in the Klamath River Resolution Conclusion: Land as Sovereign Notes Bibliography Index
£32.25
Voltaire Foundation Extraits Et Notes De Lectures I Geographica
Book Synopsis
£148.36
Voltaire Foundation Le Dictionnaire Philosophique De Voltaire
Book Synopsis
£31.56
McGill-Queen's University Press Married Women and the Law
Book SynopsisInquiries into how law shaped the effects of marriage for generations of women.Trade Review"Married Women and the Law makes a significant contribution to conceptualizing coverture's ever changing impact on women and families and each chapter is interesting and provocative in its own right." Amy Froide, Department of History, University of Maryland, Baltimore County "A much needed and powerful study of married women's status in law." Joanne Bailey, Department of History, Philosophy, and Religion, Oxford Brookes University "The collection provides a number of fresh insights into issues that do not naturally arise in the discussion of a legal doctrine. Authors from a variety of disciplines present an analysis of coverture, which itself has an impact on a diverse set of matters. The result [is] a collection that is accessible and appealing to a multitude of readers." Saskatchewan Law Review
£26.99
University of British Columbia Press Taxing Choices
Book SynopsisWinner, 2003-2004 Harold Adams Innis Prize for Best English-Language Book in the Social Sciences, Canadian Federation for Humanities and Social SciencesIn the early 1990s, lawyer Beth Symes brought an equality challenge against the Canadian Income Tax Act, arguing that her childcare costs were a business expense. The case ignited public controversy. Was Symes disadvantaged on the basis of gender, or unfairly privileged on the basis of class?This book seeks answers to those questions through close attention to the Symes case, where class and gender interests clashed over the tax treatment of childcare. It looks at the history of legislative and litigative struggles, the dynamics of courtroom discourse, and the influence of broad social debates about children and the public/private divide. It reveals how frequently the rhetoric of choice, responsibility, and selfishness is invoked in response to women''s attempts to place issues of childcare on the public agenda.TTrade Review"This book makes a huge contribution to the field of socio-legal studies. The scholarship is first rate, and the author has applied complex theories in a manner that is extremely accessible. It is a "great read," it tells a fascinating story, and should interest anyone attentive to issues of fairness, justice, and how these issues play out in the courts." - Claire Young, Faculty of Law, University of British Columbia, and author of Women, Tax and Social ProgramsTable of ContentsAcknowledgmentsIntroduction: The Intersection of Power and WoundPart 1: Prelude1 Theoretical Foundations2 Childcare Politics in Canada3 Legal Manoeuvring and the Development of Litigation StrategiesPart 2: "The Play's the Thing"4 Strategy and Practice: The Play's the Thing PartPart 3: Sorting Out the Aftermath5 The Limits of Judicial Power: The Court as Constrained6 Power, Constraint, and the Rhetoric of Choice7 Multiple Solitudes: Intersectionality in the Nonexpert Public Response8 Class and Gender on the Terrain of Need: Intersectionality in Expert Public Response9 Lessons to Be Learned and a Case to Be RemadeAppendicesA Selected Statutory ProvisionsB Selections from the Dissent in Symes v. CanadaNotesBibliographyIndex
£73.95
University of British Columbia Press Laws and Societies in the Canadian Prairie West
Book SynopsisChallenging myths about a peaceful west and prairie exceptionalism, the book explores the substance of prairie legal history and the degree to which the region's mentality is rooted in the historical experience of distinctive prairie peoples.Trade ReviewLaws and Societies is a useful contribution to the sparse history of law and governance in Canada ... The editors challenge historians of western Canada to muse about the use of the law and legal documents in their projects. Hopefully, the collection will inspire future conferences, discussions, and monographs on the law and its application in western Canada and in Canada. -- Jonathan Anuik, University of Saskatchewan * H-Net Book Review *[UBC Press’ Law and Society Series], edited by W. Wesley Pue, is a prime example of the excellent scholarly work that is currently being conducted on the critical issues surrounding the interaction between law and society in Canada. The eleven essays in Laws and Societies in the Canadian Prairie West underscore the complexities of implementing the rule of law and administering “justice” in the sparsely settled and geographically vast area of Canada’s Prairie region. As Lou Knafla notes in the introductory chapter, the Prairies represent the “least developed” region in Canadian legal history (p.2). This volume makes a notable contribution to correcting this imbalance. As well as being a valuable source for Canadian legal and social historians, Laws and Societies in the Canadian Prairie West will prove to be beneficial to scholars outside of Canada who wish to gain a better understanding of some of this country’s key legal foundations. -- Michael Boudreau, Department of Criminology & Criminal Justice, St. Thomas University * Law and Politics Book Review, Vol. 16 No. 7, July, 2006 *Table of ContentsIllustrationsPreface1. Introduction: Laws and Societies in the Anglo-Canadian North-West Frontiers and Prairie Provinces, 1670-1940 / Louis A. KnaflaPart One: First Nations and First Peoples2. Law and Necessity in Western Rupert's Land and Beyond, 1670-1870 / Hamar Foster3. “There Seemed to be No Recognized Law”: Canadian Law and the Prairie First Nations / Sidney L. Harring4. The Exclusionary Effect of Colonial Law: Indigenous Peoples and English Law in Western Canada, 1670-1870 / Russell C. Smandych5. Discipline and Discretion in the Mid-Eighteenth-Century Hudson's Bay Company Private Justice System / Paul C. NigolPart Two: Adaptations to Modernity6. Policing Two Imperial Frontiers: The Royal Irish Constabulary and the North-West Mounted Police / Greg Marquis7. The Common Law and Justices of the Supreme Court of the North-West Territories: The First Generation, 1887-1907 / Roderick G. Martin8. The Implications of a Provincial Police Force in Alberta and Saskatchewan / Zhiqiu Lin and Augustine Brannigan9. The Development of Prairie Canada's Water Law, 1870-1940 / Tristan M. Goodman10. Monopolies and State Regulation: The Calgary Power Company, Utilities, and the Alberta Public Utilities Board, 1910-30 / Janice Erion11. The Law and Public Nudity: Prairie and West Coast Reactions to the Sons of Freedom, 1929-1932 / John McLarenAcknowledgments Contributors General Index Index of Cases Index of Ordinances, Proclamations, and Statutes
£26.99
University of British Columbia Press Negotiating Responsibility
Book SynopsisThe meaning of criminal responsibility emerged in early- to mid-twentieth-century Canadian capital murder cases through a complex synthesis of socio-cultural, medical, and legal processes. Kimberley White places the negotiable concept of responsibility at the centre of her interdisciplinary inquiry, rather than the more fixed legal concepts of insanity or guilt. In doing so she brings subtlety to more general arguments about the historical relationship between law and psychiatry, the insanity defence, and the role of psychiatric expertise in criminal law cases.Through capital murder case files, White examines how the idea of criminal responsibility was produced, organized, and legitimized in and through institutional structures such as remissions, trial, and post-trial procedures; identity politics of race, character, citizenship, and gender; and overlapping narratives of mind-state and capacity. In particular, she points to the subtle but deeply influential ways in which comTrade Review"The scholarship is both extensive and rigorous. This book will make a pioneering and important contribution to Canadian historiography and social science in the area of mental disorder and justice. - Michael Petrunik, Department of Criminology, University of Ottawa"Table of ContentsPreface1 Introduction2 The Making and Mapping of Capital Murder Case Files3 Criminological Thinking and Ways of “Knowing” the Criminal4 Negotiating Responsibility in Law’s “Marketplace”: Beyond the Insanity Defence5 The Racialization of Criminal Responsibility6 Murder between “Wives” and “Husbands”7 Concluding ThoughtsAppendicesNotesBibliography
£73.95
University of British Columbia Press Feminized Justice The Toronto Womens Court 191334
Book SynopsisDrawing on case files and newspapers accounts of women’s confrontations with the law in the Toronto Women’s Police Court, Feminized Justice offers a multifaceted portrait of women, crime, and courts in early twentieth-century Toronto.Trade ReviewGlassbeek's book is an important addition to feminist colloquy as well as feminist inquiry...[a] comprehensive and insightful explanation of how and why a path paved with good intentions became a dead end. -- Judith A. Baer, Texas A&M University * Law and Politics Book Review, Vol 20, No 7 *Table of ContentsIntroduction1 The Toronto Women’s Police Court as an Institution2 Feminism, Moral Equality, and the Criminal Law: The Women’s Court as Feminized Justice3 “The badness of their badness when they’re bad”: Women, Crime, and the Court4 “What chance is there for a girl?” Vagrancy and Theft Charges in the Women’s Court5 “Up again, Jenny?” Repeat Offenders in the Women’s Court6 “Can her justice be just?” Margaret Patterson, Male Critics, and Female Criminals, 1922–34ConclusionNotesBibliographyIndex
£73.95
University of British Columbia Press The Practice of Execution in Canada
Book SynopsisThe first comprehensive examination of execution as a social institution in Canada.Trade ReviewIt is difficult to find any major faults with this study, which is a welcome addition to Canadian legal history. -- Greg Marquis, University of New Brunswick * Law and Politics Book Review, Vol 21, No 5 *This study of executions in Canada is morbidly fascinating—literally. In calm, clear, well-written prose, Leyton-Brown looks at several hundred Canadian executions and presents details about enough of them to make a good story ... anyone who reads this dispassionate book will have difficulty concluding that execution can ever be justified. Summing Up: Highly recommended. -- J.L. Granatstein * CHOICE, Vol 48, No 3 *Ken Leyton-Brown has tackled an enormously important piece of research and The Practice of Execution in Canada will, without a doubt, serve as an important reference. Everyone who opposes, and also those who favour the death penalty should read it. -- Gord Barnes, Amnesty International volunteer, activist and fieldworker * ActiveHistory.ca *Table of ContentsPreface and Acknowledgments1 Introduction2 Trial and Sentencing3 Redemption4 Confession5 Procession6 Hanging7 Display8 Inquest9 Disposal10 ConclusionNotesBibliographyIndex
£73.95
University of British Columbia Press Westward Bound Sex Violence the Law and the
Book SynopsisThrough the study of hundreds of criminal cases, Westward Bound explores how encounters between the courts and ordinary people on the Canadian Prairies contributed to the construction of race, class, and gender hierarchies in a settler society.Trade ReviewFascinating ... Erickson’s substantive incorporation of elements beyond the text, including courthouse architecture, prairie visual culture, and police photography, also enliven her discussion of legal and sociocultural developments ... scholars of western Canadian legal, sex-trade, and cultural history will find this book a valuable and engaging addition to both teaching and research. -- Laurie K. Bertram, University of Alberta * Journal of Colonialism and Colonial History, Vol. 13 No. 3, Winter 2012 *This exploration of hegemony and resistance debunks the myth of Canada's peaceful settlement of the West. * Prairie Books Now, No. 59, Summer 2012 *Table of ContentsForewordIntroduction1 Fruitful Land, Happy Homes, Manly Titans: Settlement Frontiers, Law, and the Intimate in Colonialism and Nation Building2 They Know No Better: Maintaining Race and Managing Domestic Space at the Fringes of Civilization3 The Most Public of Private Women: Prostitutes, Reformers, and Police Courts4 The Farmer, the Pioneer Woman, and the Hired Hand: Sexual Violence, Seduction, and the Boundaries of Class5 For Family, Nation, and Empire: Policing Drugs, Abortion, and Heterosexuality in the Interwar City6 The Might of a Good Strong Hand: Domestic Violence, Wife Murder, and Incest7 She Is to Be Pitied, Not Punished: The Murderess, the Woman Question, and the Capital Punishment DebateConclusionNotesBibliographyIndex
£73.95
University of British Columbia Press City of Order
Book SynopsisA groundbreaking exploration of the causes and consequences of Halifax’s tough-on-crime measures in the interwar era.Trade ReviewFor determined popular readers as well as serious scholars, Boudreau’s book is worth plowing through to acquire an in-depth understanding of crime and working-class culture in interwar Halifax. It is even more valuable as a reminder that tough-on-crime policies can actually compound rather than ease social inequalities, racial divisions and economic hardship for the most vulnerable in urban societies. -- Paul W. Bennett * The Chronicle Herald, Halifax *Table of ContentsPrefaceIntroduction: Crime, the Rule of Law, and Society1 A City of Order in a Time of Turmoil: The Socio-Economic Contours of Interwar Halifax2 The Machinery of Law and Order3 The Social Perceptions of Crime and Criminals4 “Miscreants” and “Desperadoes”: Halifax’s “Criminal Class”5 Women, Crime, and the Law6 The Ethnic Dimensions of Crime and CriminalsConclusion: The Supremacy of Law and Order in HalifaxAppendicesNotesBibliographyIndex
£999.99
University of British Columbia Press When Good Drugs Go Bad Opium Medicine and the
Book SynopsisThis intoxicating look at the history of drug regulation in Canada reveals how a variety of social and political forces converged at the turn of the twentieth century to transform both public attitudes toward, and access to, narcotics.Trade ReviewIn Malleck’s brilliant account we can see how commercial interests both combined and competed with professionals and sellers to influence Canada’s drug laws … As Canadians debate how marijuana should be designated—legal or illegal, medicine or recreational drug or both—Malleck provides a fascinating description of a similar journey taken by pain medications such as opium and cocaine at the beginning of the last century. His book provides a useful history to help us navigate today’s discussions about who should grow and sell safe and affordable marijuana. -- Colleen Fuller, a researcher and writer focused on health and pharmaceutical policy * Alberta Views *Malleck’s extensive use of primary sources convincingly establishes this context and describes the dominant origin story of Canada’s drug laws that has not frequently been told. -- Noah Wernikowski * Saskatchewan Law Review *Malleck vividly depicts how sensationalism, misunderstanding, and the threat to the practise of medicine fuelled the new concept of addiction distinct from insanity and moral depravity. Malleck’s scouring of all available records provides a rich understanding of how the social and cultural factors surrounding opium in Canada set the stage for the moral debate over drug use … His thorough analysis and ability to draw on a mountain of records to seamlessly tell the story provides the reader with a new found appreciation of the complex development of drug legislation in the modern era. -- Joel Rudewicz * Active History *[A] close study of how doctors, pharmacists, bureaucrats, and policy-makers wrestled over the control of opiates in the decades leading to the first Opium Act of 1908 … When Good Drugs Go Bad will be of interest to scholars exploring the history of drugs and their regulation while also adding to our understanding of state formation and professionalization during the nineteenth century. Its multi-regional focus on Quebec, Ontario, and British Columbia serves to nationalize these issues. Malleck also addresses and critically challenges the association in British Columbia between anti-Chinese sentiments and opium that, he argues, has distorted events by insisting that the Opium Act was a reaction to racial tensions. Instead, by broadening the regional lens, Malleck shifts the story to a contest over professional authority. -- Erika Dyck * BC Studies *When Good Drugs Go Bad deepens our understanding of the connections that could be so easily drawn between the body, race, medicine and the nation in early twentieth century Canada. -- Yvan Prkachin, Harvard University * Left History, Vol. 21 No. 1, Spring-Summer 2016 *[When Good Drugs Go Bad] is a well-written and well-researched book… Readers will learn much about the “awesome, awe-inspiring, and awful substance” that was opium... Readers may also find that Malleck’s discussion of “danger” and addiction fears with this drug in the nineteenth and early twentieth centuries resonates with today’s opioid debates. -- Shelley McKellar, University of Western Ontario * Pharmacy in History, Vol 60, No 3 *Table of ContentsIntroduction: Its Baneful Influences1 Medicating Canada before Regulation2 Opium in Nineteenth-Century Medical Knowledge3 Canada’s First Drug Laws4 Chinese Opium Smoking and Threats to the Nation5 Medicine, Addiction, and Ideas of Nation6 Madness and Addiction in the Asylums of English Canada7 Proprietary Medicines and the Nation’s Health8 Regulating Proprietary Medicine9 Drug Laws and the Creation of IllegalityConclusion: Baneful InfluencesNotes; Bibliography; Index
£29.70
University of British Columbia Press In Search of the Ethical Lawyer Law and Society
Book SynopsisDelving into some of the most challenging issues to confront legal professionals, this book raises important questions about what it means to be an ethical lawyer in Canada.Trade ReviewThere are many different conceptions of what an ethical lawyer is and what legal ethics are and there are tensions among these conceptions that make legal ethics more complex than I had ever imagined … In [In Search of the Ethical Lawyer], Adam Dodek and Alice Woolley have compiled a set of stories that illustrate these diverse aspects of ethical lawyership … I highly recommend this text … All in all, [it] is an indispensable guide for both the seasoned legal practitioner and lay user of the Small Claims Court. -- Philton Moore, Barrister, Solicitor & Notary Public * Canadian Law Library Review *In Search of the Ethical Lawyer is an engrossing collection of essays that seeks to inject a measure of humanity and empathy into discussion of some of the most complex and compelling ethical issues in Canadian legal history, past and present. In this regard, it succeeds, providing a perspective that simply cannot be matched by an examination of related court decisions or academic articles … Ethical Lawyer offers lessons and practical advice that today’s lawyers can understand and integrate into their own careers. -- Jayme Anton * Saskatchewan Law Review *Table of ContentsForeword / Paul WellsIntroduction / Adam Dodek and Alice Woolley1 Keeping Secrets or Saving Lives: What Is a Lawyer to Do? / Adam Dodek2 Putting Up a Defence: Sex, Murder, and Videotapes / Allan C. Hutchinson3 “No One’s Interested in Something You Didn’t Do”: Freeing David Milgaard the Ugly Way / David Asper4 “Begun in Faith, Continued in Determination”: Burnley Allan (Rocky) Jones and the Egalitarian Practice of Law / Richard F. Devlin5 Feminist Lawyering: Insiders and Outsiders / Janine Benedet6 Gender and Race in the Construction of “Legal Professionalism”: Historical Perspectives / Constance Backhouse7 The Helping Profession: Can Pro Bono Lawyers Make Sick Children Well? / Lorne Sossin8 A New Wave of Access to Justice Reform in Canada / Trevor C.W. Farrow9 Michelle’s Story: Creativity and Meaning in Legal Practice / Alice Woolley10 Ian Scott: Renaissance Man, Consummate Advocate, Attorney General Extraordinaire / W. Brent Cotter11 Gerry Laarakker: From Rustic Rambo to Rebel with a Cause / Micah RankinIndex
£25.19
University of British Columbia Press By the Court
Book SynopsisAny court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a By the Court format. The abandonment of the common law tradition of attributing decisions to individual judges in favour of an anonymous and unanimous approach is unique among Western democracies. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Some significant examples include the Secession of Quebec reference and the Carter decision on assisted suicide. Peter McCormick and Marc Zanoni also ask where and why the idea emerged and whether it signals a genuinely collegial authorship or simply masks the dominance of the Chief Justice. Ultimately, By the Court explores the purposes and potential future of By the Court, framing this practice as the most dramatic form of a modern style that highlights the institution and downplays indiviTrade ReviewThis is an appealing book, and I recommend it to members of the Canadian Association of Law Libraries. Anyone with an interest in the history of the Supreme Court of Canada, their judgments, and the judgment writing process will enjoy this book. -- Ann Marie Melvie, Law Librarian * Canadian Law Library Review *Table of ContentsPart 1: Introduction1 What are By the Court decisions?2 The Supreme Court of Canada Takes to the Constitutional Stage3 Why Decision Presentation Formats MatterPart 2: The Road to By the Court Decisions4 Originality: Nothing to Copy5 Uniqueness: A Global Common Law Survey6 Early History: The “Minor Tradition”7 Emergence: The Birth of the “Grand Tradition”Part 3: The Modern By the Court Decisions8 Inventory and Chronology of Decisions9 A Typology of Decisions10 Why These Cases?Part 4: Conclusion11 The Meaning and the Future of the By the Court FormatNotes; Bibliography; Index
£25.19
University of British Columbia Press Debt and Federalism
Book SynopsisDebt and Federalism is the first complete account of the Canadian federal bankruptcy and insolvency power, showing how four landmark cases form the bedrock of the modern bankruptcy system.Trade ReviewThis book is a masterpiece of academic contribution enriching our understanding on the bankruptcy law development in Canada and beyond … I am overwhelmed by the quality of the in-depth analysis in this book. -- Zhang Zinian, University of Leeds * Singapore Global Restructuring Initiative Blog *While the tradition of any book review is to mention a few blemishes, I was hard pressed to find any... This is an excellent, thought-provoking and informative book. -- Vern W. DaRe, University of Windsor * Banking & Finance Law Review *Table of ContentsIntroduction: An Untested Federal Power1 The Voluntary Assignments Case (1894) and Lord Herschell’s Dicta2 Royal Bank of Canada v Larue and the Brave New World of Bankruptcy Law3 The Companies’ Creditors Arrangement Act Reference Case and the Debtor’s Financial Condition4 The Farmers’ Creditors Arrangement Act Reference Case and Rehabilitating DebtorsConclusion: A Modern View of Bankruptcy and InsolvencyNotes; Bibliography; Index of Cases; Index
£52.70
University of British Columbia Press Debt and Federalism
Book SynopsisDebt and Federalism is the first complete account of the Canadian federal bankruptcy and insolvency power, showing how four landmark cases form the bedrock of the modern bankruptcy system.Trade ReviewThis book is a masterpiece of academic contribution enriching our understanding on the bankruptcy law development in Canada and beyond … I am overwhelmed by the quality of the in-depth analysis in this book. -- Zhang Zinian, University of Leeds * Singapore Global Restructuring Initiative Blog *While the tradition of any book review is to mention a few blemishes, I was hard pressed to find any... This is an excellent, thought-provoking and informative book. -- Vern W. DaRe, University of Windsor * Banking & Finance Law Review *Table of ContentsIntroduction: An Untested Federal Power1 The Voluntary Assignments Case (1894) and Lord Herschell’s Dicta2 Royal Bank of Canada v Larue and the Brave New World of Bankruptcy Law3 The Companies’ Creditors Arrangement Act Reference Case and the Debtor’s Financial Condition4 The Farmers’ Creditors Arrangement Act Reference Case and Rehabilitating DebtorsConclusion: A Modern View of Bankruptcy and InsolvencyNotes; Bibliography; Index of Cases; Index
£22.79
University of British Columbia Press Reckoning with Racism
Book SynopsisReckoning with Racism is a riveting account of Canada's most momentous race case, which drew in the country's first Black female judge and spotlighted racist police practices.Trade ReviewThis is a landmark book about a landmark case in Canadian history. -- B. F. R. Edwards, Queen's University * CHOICE Connect *"As Backhouse notes in the introduction, decades before George Floyd, this case brought the discussion of race in our legal system into focus, challenging the white privileged and racial silence that generally characterize Western justice." -- Shauna Wilton * Ethnic and Racial Studies *Table of ContentsIntroduction1 The Trial2 The People3 A Black History of Nova Scotia4 Race and Policing in Nova Scotia5 The Initial Fallout6 The Appeals Begin in Nova Scotia’s Supreme Court7 Nova Scotia Court of Appeal8 Gender Matters9 Appeal to the Supreme Court of Canada10 The Supreme Court of Canada’s “Gang of Five”11 The Concurring Opinion in Defence of Judge Sparks12 EpilogueConclusionChronologyNotes; Index
£55.80
University of British Columbia Press Reckoning with Racism
Book SynopsisReckoning with Racism is a riveting account of Canada's most momentous race case, which drew in the country's first Black female judge and spotlighted racist police practices.Trade ReviewThis is a landmark book about a landmark case in Canadian history. -- B. F. R. Edwards, Queen's University * CHOICE Connect *"As Backhouse notes in the introduction, decades before George Floyd, this case brought the discussion of race in our legal system into focus, challenging the white privileged and racial silence that generally characterize Western justice." -- Shauna Wilton * Ethnic and Racial Studies *Table of ContentsIntroduction1 The Trial2 The People3 A Black History of Nova Scotia4 Race and Policing in Nova Scotia5 The Initial Fallout6 The Appeals Begin in Nova Scotia’s Supreme Court7 Nova Scotia Court of Appeal8 Gender Matters9 Appeal to the Supreme Court of Canada10 The Supreme Court of Canada’s “Gang of Five”11 The Concurring Opinion in Defence of Judge Sparks12 EpilogueConclusionChronologyNotes; Index
£22.79
University of British Columbia Press Judging Sex Work
Book SynopsisJudging Sex Work argues that a decision widely considered to be a victory for social justice weakened sex workers' rights far more than it strengthened them.
£55.80
University of British Columbia Press Judging Sex Work
Book SynopsisJudging Sex Work argues that a decision widely considered to be a victory for social justice weakened sex workers' rights far more than it strengthened them.
£25.19
MB - Cornell University Press Rancor and Reconciliation in Medieval England
Book SynopsisDuels and bloodfeuds have long been regarded as essentially Continental phenomena, counter to the staid and orderly British ways of settling differences. In this surprising work of social and legal history, Paul R. Hyams reveals a post-Conquest England not all that different from the realms across the Channel. Drawing on a wide range of texts and the long history of argument about these texts, Hyams shatters the myth of English exceptionalism, the notion that while feud and vengeance prevailed in the lands of the Franks, England had advanced beyond such anarchic barbarism by the time of the Conquest and forged a centralized political and legal system. This book provides support for the notion that feud and vengeance flourished in England long beyond the Conquest, and that this fact obliges us to reconsider the genealogies of both common law and the English monarchy.Moving back and forth between a broad overview of 300 years of legal history and the details of specific Trade Review"Paul R. Hyams engages in some feuds of his own in this consistently informative, learned, and imaginative account of feud's stubborn refusal to take its leave from the legal and political stage from the 9th to the 13th century, though it was invited (ambivalently) by king and cleric to vacate the scene." -- William Ian Miller, University of Michigan Law School"Rancor and Reconciliation in Medieval England is calculated to start a new round in the endless dialogue among historians. Private vengeance, and specifically the feud, Paul R. Hyams argues, was as much in vogue in early medieval England as it was on the Continent. Not only that, it continued to be the way that medieval English men and women often preferred to redress their wrongs, not only in the decades that followed the Norman conquest, but right up to the reign of Edward I, more than a century after English common law had begun to provide alternative means to settle disputes. Legal historians, Hyams insists, need to pay more attention than they have usually done to the choices that law's consumers make when they seek satisfaction for the wrongs they have suffered. In a book filled with learning and shrewd observations, Hyams offers historians a provocative new construction of the early history of the common law." -- James A. Brundage, Ahmanson-Murphy Professor Emeritus, The University of Kansas
£59.40
Cornell University Press From Sin to Insanity Suicide in Early Modern
Book SynopsisIn the broadest treatment yet of suicide in Europe during the period 1500–1800, 11 authors combine elements of social, cultural, legal, and intellectual history to trace important changes in the ways Europeans experienced and understood self-murder.Trade Review"It is rare that a collection of essays is so well focused and well presented. The authors explore uncharted territory, studying parts of Europe that previously attracted no modern social histories of suicide. Their groundbreaking analyses suggest how rich the subject and the materials really are. In each case new sources the authors have uncovered suggest fresh approaches and questions." -- H. C. Erik Midelfort, University of Virginia, author of A History of Madness in Sixteenth-Century Germany"Suicide—once seen as a dreadful act of despair or, less commonly, a heroic sacrifice—remains the subject of intense contemporary debate. In this compelling collection of essays, Watt and his colleagues offer a deft exploration of the meaning of self-inflicted death for people of every station across preindustrial Europe. In the process, they meticulously illuminate the origins of modern perceptions and concerns." -- Raymond A. Mentzer, Daniel J. Krumm Family Professor of Reformation Studies, University of Iowa"The fact that From Sin to Insanity assembles so much information in a single volume makes it unique. Up to now, anyone wishing to read up on the history of suicide in this period had to consult specialized studies targeting a single country or area. This collection makes available for the first time a comprehensive overview of attitudes toward suicide in most of Western Europe, at a pivotal time in history." -- Carlos M. N. Eire, Yale University, author of From Madrid to Purgatory: The Art and Craft of Dying in Sixteenth-Century Spain
£999.99
Cornell University Press Witches Wife Beaters and Whores
Book SynopsisIn a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law.Trade ReviewCrane delves deeply into the historical record—particularly legal documents—to present sometimes salacious and always fascinating stories of illegal activities from the past and the ways that individuals and communities sought to right wrongs and mete out punishments.... Crane has selected remarkable stories and pieced together an incredible array of detail from the available documents. -- Bridget M. Marshall * Early American Literature *Crane's earlier microhistory, Killed Strangely, proved her mastery of the genre, and this new book moves us a step closer to understanding law's place in the construction of American society and institutions. A successful legal microhistory has four characteristics: The work must tell a compelling story; place the events in a larger historical context; analyze legal issues without losing the narrative thread; and explain how the case illuminates the rule of law in society. Crane succeeds in every respect. Her stories grab our attention, enlarge our understanding through the power of example, and leave us better equipped to identify significant trends. Morever, Crane offers us a master class in the scrupulous interpretation of court records. Her rigorous interrogation of her sources, exposing all their ambiguities and lacunae, furnishes a model for all who would practice the historian's craft. * American Historical Review *Elaine Forman Crane has unearthed unique stories in local records across both space and time, from mid-seventeenth-century New Amsterdam and Bermuda to eighteenth-century New England to postrevolutionary Maryland. The matters these cases addressed were as diverse as the places they occurred, and Crane uses each chapter to craft a story about such issues as the power of words, domestic violence, rape, and loss of economic stability. Each vignette illustrates how ordinary people's negotiations of extraordinary circumstances helped create distinctively American legal cultures.... Crane's work pokes holes in such generalization as those on the rise of companionate marriage and the relationship between economic and legal power in early America. With this series of local studies Crane contributes even more evidence to support the argument that Americans shaped their law to meet needs peculiar to their own time and place. * Journal of American History *Elaine Forman Crane offers a new variation by using the common theme of legal interactions among Europeans and Africans in colonial North America to link six individual microhistories in a single volume.... The greatest strength of Witches, Wife Beaters, and Whores is Crane's discussion of trials from four very different colonies.... Crane's research, analysis, and storytelling skills are impeccable. Witches, Wife Beaters, and Whores provides readers with a vivid array of characters seemingly designed to walk into lecture halls and dinner-table conversations as illustrations of the rich and complex world of colonial America. * William and Mary Quarterly *This enthralling, deeply researched work demonstrates vividly that early Americans lived in a world saturated by the law. Crane is interested specifically in the 'common folk' of her title; tavern keepers, merchants, a handful of witches, murdered and battered wives, an enslaved black man. To uncover how the law suffused their world, Crane employs the methodology of microhistory, an approach used with great success by historians seeking to discern the lives and mentalities of those often not able to speak for themselves. Crane has undertaken research in challenging sources. Even more impressively, she has taken snippets of information and woven them into engaging, moving, and occasionally riveting stories. Crane demonstrates through her painstakingly re-created life histories just how much 'legal culture and the routine of daily life were knotted together in early America.'... Crane's admirable book is likely to inspire many further studies that will help answer some important questions. In the meantime, she has blazed a trail with her exemplary study, demonstrating that it is possible to bring the dead to life even without the aid of a ghost. Instead, Crane offers us an engaging and detailed analysis of how ordinary people understood and deployed the law in the most adverse circumstances, drawing us in with stories that are sometimes heartbreaking, sometimes funny, sometimes confounding, but always intriguing and absorbing. * Common-place *Table of ContentsIntroduction1. In Dutch with the Neighbors: Slander "in a well regulated Burghery"2. Bermuda Triangle: Witchcraft, Quakers, and Sexual Eclecticism3. "Leave of [f ] or Else I Would Cry Out Murder": The Community Response to Family Violence in Early New England4. Cold Comfort: Race and Rape in Rhode Island5. He Would "Shoot him upon the Spott": The Eviction of Samuel Banister6. A Ghost StoryEpilogueNotes Index
£35.15
Cornell University Press A Mighty Empire
Book SynopsisFirst published in 1988, Marc Egnal''s now classic revisionist history of the origins of the American Revolution, focuses on five coloniesMassachusetts, New York, Pennsylvania, Virginia, and South Carolinafrom 1700 to the post-Revolutionary era. Egnal asserts that throughout colonial America the struggle against Great Britain was led by an upper-class faction motivated by a vision of the rapid development of the New World. In each colony the membership of this group, which Egnal calls the expansionist faction, was shaped by self-interest, religious convictions, and national origins. According to Egnal, these individuals had long shown a commitment to American growth and had fervently supported the colonial wars against France, Spain, and Native Americans.While advancing this interpretation, Egnal explores several salient aspects of colonial society. He scrutinizes the partisan battles within the provinces and argues that they were in fact clashes between the expansionists andTrade ReviewA challenging new interpretation, well written and solidly supported. * Library Journal *This book first appeared in 1988 with a forthright argument about the intersections between political economy and the American Revolution... [and] remains a vital voice amid the cacophonous babble of interpretative approaches to the Revolutionary era.... A Mighty Empire remains a provocative thesis, and it may yet prove to be the building block of a fruitful body of scholarship on the American Revolution. Interested scholars should be grateful to the press for reissuing the book. -- Benjamin L. Carp * The Historian *Table of ContentsPreface 2010 Preface to the First EditionIntroductionPART ONE THE FACTIONS EMERGE, 1690–1762 1. Massachusetts to 1741: Three Parties Were Formed 2. Massachusetts, 1741–1762: Coalition Politics 3. New York: Traders and Warriors 4. Pennsylvania: Quaker Party Ascendancy 5. Virginia: Rise of the Northern Neckers 6. South Carolina: Factions Times TwoPART TWO REVOLUTIONARY POLITICS, 1763–1770 7. The Depression of the 1760s 8. Massachusetts: Patriot Alliance 9. New York: Reluctant Revolutionaries 10. Pennsylvania: Challenging the Quaker Party 11. Virginia: Conflict and Cooperation 12. South Carolina: Triumphant PatriotsPART THREE THE QUIET YEARS, 1771–1773 13. The Quiet YearsPART FOUR THE EXPANSIONISTS PREVAIL, 1774–1776 14. Northern Colonies: Antagonists High and Low 15. Southern Colonies: Maintaining Control 16. Beyond IndependenceAppendix. Members of the Factions Index
£32.30
Cornell University Press Witches Wife Beaters and Whores
Book SynopsisIn a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law.Trade ReviewCrane delves deeply into the historical record—particularly legal documents—to present sometimes salacious and always fascinating stories of illegal activities from the past and the ways that individuals and communities sought to right wrongs and mete out punishments.... Crane has selected remarkable stories and pieced together an incredible array of detail from the available documents. -- Bridget M. Marshall * Early American Literature *Crane's earlier microhistory, Killed Strangely, proved her mastery of the genre, and this new book moves us a step closer to understanding law's place in the construction of American society and institutions. A successful legal microhistory has four characteristics: The work must tell a compelling story; place the events in a larger historical context; analyze legal issues without losing the narrative thread; and explain how the case illuminates the rule of law in society. Crane succeeds in every respect. Her stories grab our attention, enlarge our understanding through the power of example, and leave us better equipped to identify significant trends. Morever, Crane offers us a master class in the scrupulous interpretation of court records. Her rigorous interrogation of her sources, exposing all their ambiguities and lacunae, furnishes a model for all who would practice the historian's craft. * American Historical Review *Elaine Forman Crane has unearthed unique stories in local records across both space and time, from mid-seventeenth-century New Amsterdam and Bermuda to eighteenth-century New England to postrevolutionary Maryland. The matters these cases addressed were as diverse as the places they occurred, and Crane uses each chapter to craft a story about such issues as the power of words, domestic violence, rape, and loss of economic stability. Each vignette illustrates how ordinary people's negotiations of extraordinary circumstances helped create distinctively American legal cultures.... Crane's work pokes holes in such generalization as those on the rise of companionate marriage and the relationship between economic and legal power in early America. With this series of local studies Crane contributes even more evidence to support the argument that Americans shaped their law to meet needs peculiar to their own time and place. * Journal of American History *Elaine Forman Crane offers a new variation by using the common theme of legal interactions among Europeans and Africans in colonial North America to link six individual microhistories in a single volume.... The greatest strength of Witches, Wife Beaters, and Whores is Crane's discussion of trials from four very different colonies.... Crane's research, analysis, and storytelling skills are impeccable. Witches, Wife Beaters, and Whores provides readers with a vivid array of characters seemingly designed to walk into lecture halls and dinner-table conversations as illustrations of the rich and complex world of colonial America. * William and Mary Quarterly *This enthralling, deeply researched work demonstrates vividly that early Americans lived in a world saturated by the law. Crane is interested specifically in the 'common folk' of her title; tavern keepers, merchants, a handful of witches, murdered and battered wives, an enslaved black man. To uncover how the law suffused their world, Crane employs the methodology of microhistory, an approach used with great success by historians seeking to discern the lives and mentalities of those often not able to speak for themselves. Crane has undertaken research in challenging sources. Even more impressively, she has taken snippets of information and woven them into engaging, moving, and occasionally riveting stories. Crane demonstrates through her painstakingly re-created life histories just how much 'legal culture and the routine of daily life were knotted together in early America.'... Crane's admirable book is likely to inspire many further studies that will help answer some important questions. In the meantime, she has blazed a trail with her exemplary study, demonstrating that it is possible to bring the dead to life even without the aid of a ghost. Instead, Crane offers us an engaging and detailed analysis of how ordinary people understood and deployed the law in the most adverse circumstances, drawing us in with stories that are sometimes heartbreaking, sometimes funny, sometimes confounding, but always intriguing and absorbing. * Common-place *Table of ContentsIntroduction1. In Dutch with the Neighbors: Slander "in a well regulated Burghery"2. Bermuda Triangle: Witchcraft, Quakers, and Sexual Eclecticism3. "Leave of [f ] or Else I Would Cry Out Murder": The Community Response to Family Violence in Early New England4. Cold Comfort: Race and Rape in Rhode Island5. He Would "Shoot him upon the Spott": The Eviction of Samuel Banister6. A Ghost StoryEpilogueNotes Index
£22.79
Cornell University Press Negotiating Space
Book SynopsisWhy did early medieval kings declare certain properties to be immune from the judicial and fiscal encroachments of their own agents? Did weakness compel them to prohibit their agents from entering these properties, as historians have traditionally...Trade ReviewAn unconventional new contribution.... Rosenwein's line of thought opens up entirely new vistas of interpretation to historians as she reads between the lines of apparently dry-as-dust material hitherto relegated to diplomatic and legal history, and finds vitally important power politics and enormous creativity lurking behind its demurely formal record.... Beyond its stated subject of the ordering of space, Rosenwein's book suggests that creativity and ingenious power politics are as characteristic of troubled times as of peaceful prosperity. -- Aline G. Hornaday * Journal of Unconventional History *While it is essential reading for anyone interested in questions of law, power, and politics in the early Middle Ages, Rosenwein's forays into anthropological literature and Anglo-American legal history recommend this work to a wider audience. -- Adam J. Kosto * Law and History Review *In this able and thought-provoking book... Rosenwein investigates her case studies with her customary disciplined scholarship and sensitivity to nuance. There is much absorbing material to ponder here, not only about the workings of power relationships in early medieval societies but also about notions concerning holy places, gift-giving, purity, defilement, protection, and asylum.... There are lessons to be learned in all sorts of directions.... Historians will find challenging food for thought in Rosenwein's pages. -- Richard Fletcher * Times Literary Supplement *Our understanding of how early-medieval Europe functioned as a secular and a religious community is greatly enhanced by this splendid monograph.... A superb study. -- Harry Rosenberg * Speculum *Anyone who has picked up a volume of early medieval charters has encountered an immunity diploma. Anyone who has read Barbara Rosenwein's wonderful book will never read an immunity the same way again. This is one of the most interesting and important books I have read in many years. -- Thomas F. X. Noble * Arthuriana *Readers will learn much from this book about monastic privileges in the early Middle Ages. Rosenwein has taken a subject that has been in the bailiwick of continental scholarship and introduced it to an English-speaking audience with style and wit. -- Kenneth Pennington, Syracuse University * American Historical Review *Rosenwein has produced another original and ambitious study of a topic with wide-ranging implications. One of its greatest merits is that it seems likely to provoke readers to thought and, with luck, to further research on some of the issues that it raises. -- James A. Brundage * Church History *
£26.59
Cornell University Press In the Matter of J. Robert Oppenheimer
Book SynopsisAt the end of World War II, J. Robert Oppenheimer was one of America's preeminent physicists. For his work as director of the Manhattan Project, he was awarded the Medal for Merit, the highest honor the U.S. government can bestow on a civilian. Yet...Trade ReviewThe Polenburg edition has a number of important virtues, beginning with the fact that it brings this classic back into print, three decades after the original 1954 edition was reprinted by MIT Press in 1971. Whereas the original volume extended over a thousand pages of tiny, densely packed type and was nearly unreadable for more than a few pages at a time, the new edition is handsomely produced with a decently sized typeface and is a pleasure to read. -- Steven Aftergood * Journal of Cold War Studies *In the spring of 1954... the Atomic Energy Commission (AEC) held hearings to determine if Dr. J. Robert Oppenheimer, scientific director of the WWII atomic bomb project, should be allowed to retain his security clearance. The proceedings were initiated by a letter from the Chief of Staff of the AEC... in which he suggested that Oppenheimer was an agent of the Soviet Union.... The 28-page introduction contains a useful discussion of the background and politics behind the hearings. The index is good, and the list of suggested reading material is useful. * Choice *This book is a wonderful resource for teaching. It is ideal for use as a core text in courses on twentieth-century American history and on the history of modern science. And it should appeal also to the general reader as an accessible version of an authentic and pivotal historical drama. -- Charles Thorpe * British Journal for the History of Science *The criteria of significane and balance are very well met, making the book an excellent case study in the temper of those times.... This book deserves high marks indeed. -- Gordon L. Shull * Perspectives on Politics *
£28.49
Stanford University Press Henry Fords War on Jews and the Legal Battle
Book SynopsisThe complex story behind Henry Ford's stunning 1927 apology to the Jews-a statement that was supposed to put an end to his career as a purveyor of hate speech but which ironically kept his name on one of the most widely circulated antisemitic tracts in history.Trade Review"Woeste [delivers an] in-depth [analysis] rich with ethnographic and historical detail . . . [O]ne discovers a [theme], that fostering meaningful equality in diverse communities can only be done where law is not willfully color-blind . . . [Woeste provides] the sort of nuanced and substantive discussions of diversity that [is] sorely needed in public discourse today."—Tanya Katerí Hernández, Journal of Legal Education"Victoria Woeste has written a brilliantly detailed account of the responses to Ford's 'War on Jews,' focusing on two leading American Jewish lawyers: Louis Marshall and Aaron Sapiro . . . One of the signal virtues of this fine book, then, is that it provides readers with ample, rich, and fascinating evidence on which to form their own views about its provocative arguments and conclusions."—William E. Forbath, Law and History Review"[Henry Ford's War on Jews and the Legal Battle Against Hate Speech] is an exciting, elegantly written, and meticulously researched book."—Klaus P. Fischer, American Historical Review"Thoroughly researched and ably written, Henry Ford's War on Jews traces [Aaron] Sapiro's valiant attempt to defend not only his good name but that of the Jewish people."—Rafael Medoff, Journal of American Studies"The book is useful for the historian, students of law, and students of American Jewish history."—Chaim Seymour, Association of Jewish Libraries (AJL) Newsletter"Drawing on new evidence from archives and private family collections, this study details the depth of Ford's involvement in every aspect of this case and explains why Jewish civil rights lawyers and religious leaders were deeply divided over how to handle Ford."—Law & Social Inquiry"Victoria Saker Woeste's Henry Ford's War on Jews and the Legal Battle Against Hate Speech contributes significantly to our understanding of the dramatic libel lawsuit brought by Aaron Sapiro against the American automotive pioneer. Woeste's meticulously researched book thoughtfully examines the complex circumstances and personalities behind the case, the intricacies of the trial, and the implications of its resolution . . . Woeste's book offers a fascinating and rewarding account of Sapiro v. Ford, and what the case teaches us about hate speech, libel law, and the anti-Jewish crusade of an American icon."—Jessica Cooperman, American Studies"A major new book by American Bar Foundation scholar Victoria Saker Woeste, Henry Ford's War on Jews and the Legal Battle Against Hate Speech provides a startling new interpretation of a watershed episode in the life of Henry Ford. . . never-before discovered evidence. . . new insights."—LegalNews.com"Thoroughly researched and footnoted, the book analyzes Sapiro v Ford and its aftermath in the larger social context of combating hate speech. This ambitious scope is paried with lively writing to produce an impressive history for Michigan readers." — Gary Maveal, Michigan Bar Journal"Victoria Saker Woeste's Henry Ford's War on Jews and the Legal Battle Against Hate Speech provides great insight into Ford's relationship with Jews through the lens of a dramatic court case . . . Woeste does an excellent job of capturing the many and varied nuances of the reactions from American Jews as well as the public at-large and the Ford machine . . . This is a thoroughly researched and well-written investigation. Woeste mined the archives and uncovered evidence that prior biographers had not found. It is recommended for serious readers interested in Henry Ford and in the political and social developments of the American Jewish community."—Mike Smith, Michigan Historical Review"At the heart of this fine study are the efforts to silence Henry Ford's virulent anti-Semitism . . . Recommended."—J. Kleiman, CHOICE"It is not often that I read a book that is as important, well-researched, and well-written as Henry Ford's War. This volume, based upon primary sources that have for the most part never been examined before, brilliantly recreates the legal struggle against Ford's Dearborn Independent and underscores its larger significance. Anyone interested in Henry Ford, in antisemitism, or in legal battles against hate speech will want to read this book."—Jonathan D. Sarna, Brandeis University"Victoria Saker Woeste gives us great courtroom drama and captures an important historical moment. This will be the definitive work on Henry Ford and his confrontation by American Jews. Woeste not only presents and explains what was at stake on the basis of significant new evidence, she brings to her analysis the legal expertise to exploit a whole body of secondary literature that most historians are simply unable to evaluate."—Richard S. Levy, University of Illinois at Chicago
£98.60
Stanford University Press The Eureka Myth
Book SynopsisAre innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the progress of science and the useful arts has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centTrade Review"Ultimately, The Eureka Myth does truly 'chart new terrain for our understanding of . . . scientific and artistic innovation and the intellectual property that purports to sustain them' (pp.5–6). Silbey offers unique insights into the work and motivations of creators and innovators and makes an original and thoughtful contribution to the discourse on intellectual property rights. The Eureka Myth would be a good addition to an academic law library collection, and it is a worthwhile read for anyone interested in intellectual law and policy."—Morgan M. Stoddard, Law Library Journal"The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators . . . Silbey articulates a compelling challenge to the incentive argument . . . A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners . . . Recommended."—C. Fruin, CHOICE"The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match—and mismatch—with the formal law."—Rebecca Tushnet, Georgetown University Law Center"The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative."—Pamela Samuelson, Berkeley Law School"The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law."—Julie E. Cohen, Georgetown University"At last—a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen."—Bill Patry, Senior Copyright Counsel, GoogleTable of ContentsContents and AbstractsIntroduction: Introduction chapter abstractThe introduction introduces the book as a qualitative empirical interview study with artists, scientists, engineers and business people in creative and innovative industries. It situates the book as an investigation into the motives and mechanisms of creative and innovative work and in the context of the theoretical and quantitative literature on IP and its success at achieving the "progress of science and the useful arts," a Constitutional goal. Based on analysis of the accounts from the interviews, the introduction describes how there exists a diversity of reasons for and mechanisms by which creative and innovative work gets made and distributed, only a small part of which is intellectual property law. This challenges core principles of IP law, especially an assumption that exclusivity through property rights is essential to stimulating art, science and technological progress. 1Inspired Beginnings chapter abstractChapter 1 traces the features of a specific story form, "the origin story" throughout the interviews. An "origin story" begins with an inspired moment that sets the person or organization on its path. Origin stories serves particular purposes. They explain how a culture or society began (e.g., Genesis). They infuse an aspect of everyday life with special significance by explaining why things are as they are (e.g., "you were born that way"). They guide how things should evolve in the future (e.g., "the agreement memorializes our future intentions"). Each interviewee explains a milestone in their professional life in terms of an origin story, referring to a past that has unique significance for making sense of the present. Chapter 1 canvasses these origin stories to explain how most describe the embarkation of their work in art or science mostly due to intrinsic or serendipitous forces, unrelated to IP. 2Daily Craft: Work Makes Work chapter abstractChapter 2 explores the varied ways the interviewees describe their daily work. Similarities in accounts coalesce around the dimensions of time, space and labor. Most articulate a common respect for constant and committed daily work, focusing on the importance of physical spaces (studio, lab, desk) and time spent. Distinct metaphors and word patterns illuminate the expressive focus on time, space and labor, highlighting a misfit between IP protection and the interviewees' aspirations or expectations for reward. Interviewees describe work with natural metaphors (e.g., harvesting or fishing), implying that the physical labor dignifies the output. This contrasts with IP, which does not reward labor or time. Interviewees translate their intellectual work into tangible output, comparing their work to real or personal property. Ironically, describing the value of their work in material terms strengthens the possessive impulse manifesting as property claims that are more robust than IP law provides. 3Making Do With A Mismatch chapter abstractChapter 3 describes the transitions from beginnings and everyday work to the business of developing a career in IP-rich fields. Interviewees provide diverse accounts of "making do" in creative and innovative industries. Although some interviewees describe direct reliance on specific forms of IP, many business models rely only indirectly on IP rights. Indeed, most interviewees embrace a system of IP that is "leaky" or misaligned insofar as IP is not the optimal avenue for achieving professional goals. Interviewees rarely describe the need to exercise the full range of exclusivity to which IP law entitles them. Although IP rights are both under-enforced and over-enforced at times, the most common strategy interviewees describe is to relax IP rights in order to achieve three common goals: a sustainable business, productive and satisfying relationships, and a measure of autonomy in life and work. 4Reputation chapter abstractChapter 4 describes how interviewees value reputation and attribution. When asked to describe some of the most contentious infractions during their career, interviewees describe reputational free riding, not economic free riding. And where the two intersect (which is often, especially in the trademark context), language of dignity and desert rather than economic harm dominates. Moreover, interviewees assert a desire for reputational control from IP law where it rarely exists. This Chapter analyzes the common accounts and metaphors that predominate in stories of reputational injury – stories of family, bodily integrity and life or death. Understandably, emotions run high in this context and the language seeking to justify the entitlement to reputational control often resemble stronger rights and obligations than IP (or neighboring regimes) provide. Over-protection in these situations can lead to misuse of IP laws or an increasing frustration from artists and scientists that IP law is irrelevant to them. 5Instruction: How Lawyers Harvest IP chapter abstractChapter Five describes how IP intervenes as an external force shaping and directing art and science. IP law affecting the work's on-going vitality is largely absent until a lawyer or business partner intervenes. IP arrives later for creative and innovative work trajectory and comes with a coach. Interviewees describe lawyers as disruptive and distracting, whereas the lawyer describes herself as bringing tools to facilitate work or business. When the lawyer is welcome, it is when she has translated IP into client interests resonating with everyday work or goals. The lawyer's varied characterizations of IP in terms the client accepts correlates to jurisprudential categories of legality (e.g., natural law, distributive justice). This invites the conclusion that IP's form and purpose, shaped by legal advice and client concerns, is not predetermined by legal rules or economic principles, but is constitutive of creativity and innovation and influenced by preexisting interests and motivations. 6Distribution: How IP Circulates chapter abstractDissemination is the ultimate goal of IP and a dominant reason interviewees pursue their work. Interviewees describe managing formal and informal agreements outlining the nature and scope of distribution. These agreements vary, from free and promiscuous sharing to circumscribed and discriminating price schemes. The propertization of the work (protecting it through exclusivity) is sometimes a precondition to fulfilling distribution goals, which include: earning a living, building relationships, sustaining professional autonomy and challenging core competencies. But interviewees describe how relaxed distribution networks satisfy most personal and professional goals. Indeed, strictly controlling dissemination – what IP law provides – is only one distributional method and not the most common. This chapter analyzes the interviews for accounts of the many forms dissemination takes and the reasons for engaging in it, unpacking the relationships between exclusive rights to distribution on the one hand and dissemination as a form of professional and personal success on the other. Conclusion: Conclusion chapter abstractThe book closes with a summary of how U.S. intellectual property regimes are misaligned with the needs of and hopes for those engaging in creative and inventive work. It further suggests reasons for and ways that the IP system should remain misaligned: to promote choice and flexibility for creators and innovators (whether or not they own or claim IP rights). But the conclusion also suggests places in our IP system where some relaxation of our IP system might usefully occur in order to facilitate core concerns of IP-rich fields and their audience as accounted for in the interview data.
£89.10
Stanford University Press Henry Fords War on Jews and the Legal Battle
Book SynopsisThe complex story behind Henry Ford's stunning 1927 apology to the Jews-a statement that was supposed to put an end to his career as a purveyor of hate speech but which ironically kept his name on one of the most widely circulated antisemitic tracts in history.Trade Review"Woeste [delivers an] in-depth [analysis] rich with ethnographic and historical detail . . . [O]ne discovers a [theme], that fostering meaningful equality in diverse communities can only be done where law is not willfully color-blind . . . [Woeste provides] the sort of nuanced and substantive discussions of diversity that [is] sorely needed in public discourse today."—Tanya Katerí Hernández, Journal of Legal Education"Victoria Woeste has written a brilliantly detailed account of the responses to Ford's 'War on Jews,' focusing on two leading American Jewish lawyers: Louis Marshall and Aaron Sapiro . . . One of the signal virtues of this fine book, then, is that it provides readers with ample, rich, and fascinating evidence on which to form their own views about its provocative arguments and conclusions."—William E. Forbath, Law and History Review"[Henry Ford's War on Jews and the Legal Battle Against Hate Speech] is an exciting, elegantly written, and meticulously researched book."—Klaus P. Fischer, American Historical Review"Thoroughly researched and ably written, Henry Ford's War on Jews traces [Aaron] Sapiro's valiant attempt to defend not only his good name but that of the Jewish people."—Rafael Medoff, Journal of American Studies"The book is useful for the historian, students of law, and students of American Jewish history."—Chaim Seymour, Association of Jewish Libraries (AJL) Newsletter"Drawing on new evidence from archives and private family collections, this study details the depth of Ford's involvement in every aspect of this case and explains why Jewish civil rights lawyers and religious leaders were deeply divided over how to handle Ford."—Law & Social Inquiry"Victoria Saker Woeste's Henry Ford's War on Jews and the Legal Battle Against Hate Speech contributes significantly to our understanding of the dramatic libel lawsuit brought by Aaron Sapiro against the American automotive pioneer. Woeste's meticulously researched book thoughtfully examines the complex circumstances and personalities behind the case, the intricacies of the trial, and the implications of its resolution . . . Woeste's book offers a fascinating and rewarding account of Sapiro v. Ford, and what the case teaches us about hate speech, libel law, and the anti-Jewish crusade of an American icon."—Jessica Cooperman, American Studies"A major new book by American Bar Foundation scholar Victoria Saker Woeste, Henry Ford's War on Jews and the Legal Battle Against Hate Speech provides a startling new interpretation of a watershed episode in the life of Henry Ford. . . never-before discovered evidence. . . new insights."—LegalNews.com"Thoroughly researched and footnoted, the book analyzes Sapiro v Ford and its aftermath in the larger social context of combating hate speech. This ambitious scope is paried with lively writing to produce an impressive history for Michigan readers." — Gary Maveal, Michigan Bar Journal"Victoria Saker Woeste's Henry Ford's War on Jews and the Legal Battle Against Hate Speech provides great insight into Ford's relationship with Jews through the lens of a dramatic court case . . . Woeste does an excellent job of capturing the many and varied nuances of the reactions from American Jews as well as the public at-large and the Ford machine . . . This is a thoroughly researched and well-written investigation. Woeste mined the archives and uncovered evidence that prior biographers had not found. It is recommended for serious readers interested in Henry Ford and in the political and social developments of the American Jewish community."—Mike Smith, Michigan Historical Review"At the heart of this fine study are the efforts to silence Henry Ford's virulent anti-Semitism . . . Recommended."—J. Kleiman, CHOICE"It is not often that I read a book that is as important, well-researched, and well-written as Henry Ford's War. This volume, based upon primary sources that have for the most part never been examined before, brilliantly recreates the legal struggle against Ford's Dearborn Independent and underscores its larger significance. Anyone interested in Henry Ford, in antisemitism, or in legal battles against hate speech will want to read this book."—Jonathan D. Sarna, Brandeis University"Victoria Saker Woeste gives us great courtroom drama and captures an important historical moment. This will be the definitive work on Henry Ford and his confrontation by American Jews. Woeste not only presents and explains what was at stake on the basis of significant new evidence, she brings to her analysis the legal expertise to exploit a whole body of secondary literature that most historians are simply unable to evaluate."—Richard S. Levy, University of Illinois at Chicago
£25.19
Stanford University Press Laws of Image
Book SynopsisTrade Review"When at its best Barbas's writing and organization represents the best in legal history: clear and straightforward prose with rich detail and legal precision that shows where legal concepts came from, how they evolved, and the role they played in people's lives." -- Patrick C. File * Journalism and Mass Communication Quarterly *"Dr. Samantha Barbas's book, Laws of Image: Privacy and Publicity in America, makes an original, important, and engaging contribution to the history of the privacy law in the United StatesGiven that Laws of Image spans more than 100 years of legal and cultural developments, it is remarkable how readable this book is: It is well-written, and the flow and pacing are excellent." -- Lyrissa B. Lidsky * JOTWELL *"Beautifully written and powerfully argued, Laws of Image shows us how the law develops through culture, leaving us with a rich sense of the struggle that remains as digital culture renders the image as common as the bit. This is not a story with a known ending—Samantha Barbas charts the very origin of an increasingly important legal protection, and the ongoing battle to counter a technology that knows no limits." -- Lawrence Lessig * Harvard Law School *"In Laws of Image Samantha Barbas provides an accessible, highly readable cultural and legal history of privacy and the balance struck among competing interests over more than a century of litigation and legislation. Readers with little knowledge of the legal history of privacy will learn of the changing legal protections for the use of an individual's image and the cultural influences that shaped the law. More knowledgeable readers will gain new insights about the law and a richer understanding of the cultural context that shapes privacy law." -- Tim Gleason * Journal of American History *"In a series of compelling stories of court cases and their social contexts, Samantha Barbas illuminates how evolving ideas about self-image and privacy transformed tort law and the freedom of speech. Laws of Image is an artful combination of cultural and legal history." -- Stuart Banner * UCLA Law School *"Barbas's book offers a lucid, wide-ranging, and accessible cultural and legal history of a time when privacy mattered, when the law helped ordinary individuals control their images, and when courts considered ratifying a right to be protected from uses others might make of an image. Laws of Image provides readers with an extraordinary voyage to a past that seems almost impossibly quaint and distant." -- Hendrik Hartog * Princeton University *Table of ContentsContents and Abstracts1Image and Reputation chapter abstractThe late 19th century saw the rise of the sensationalistic popular press in the United States, and with it, the expansion of libel law and litigation. In increasing number, both famous and ordinary people were bringing suit against the press over false, defamatory, unflattering depictions. Once seen as something to be negotiated through social interactions, in the rough and tumble of everyday life, reputations and public images were becoming legal entities, to be controlled and maintained through the use of law and legal institutions. 2The Right to Privacy chapter abstract"The Right to Privacy" by Samuel Warren and Louis Brandeis, published in the Harvard Law Review in 1890 and dubbed the "most famous law review article of all time," established the practical and theoretical foundations of the tort action for invasion of privacy. The privacy action permitted people to sue over the mental anguish that ensued when they were depicted before the public in an embarrassing or unfavorable manner, even though the material was not necessarily false or defamatory. Like the surge in libel litigation, the development of the right to privacy was a response to the rise of the popular press. It also reflected a new sensitivity to public image that emerged from the demands of social life in a urban, commercial, mass-mediated society, where appearances, first impressions, and superficial images were becoming important foundations of social evaluation and judgment. 3The Crisis of the Circulating Portrait chapter abstractDespite its invention as a remedy for the victims of sensationalistic journalism, the tort of invasion of privacy was rarely used in that context in its early years. The right to privacy took off in a different kind of violation of the right to one's image. At the turn of the 20th century, the right to privacy was mobilized in cases where people were upset about having their visual likenesses presented to the public in a displeasing manner. In particular, individuals whose photographs had been used in advertisements without consent brought suits for invasion of privacy. At a time when advertising was seen as disreputable, these acts of image appropriation were regarded as truly offensive. The right to privacy was the right to recover for the anguish caused by this particular form of identity theft — having one's picture used, without authorization, in an embarrassing and undignified commercial context. 4Insult and Image chapter abstractThe emerging mass media were not the only threats to personal image in turn of the century urban America. Commercial institutions such as railroads, department stores, and theatres were also posing threats to people's reputations, public images, and social identities. In an era before courtesy was standard in service occupations, patrons suffered acts of shaming and public humiliation by train conductors, theater ushers, and other commercial personnel. By the early twentieth century, courts had devised a tort action that would permit people to recover damages for emotional distress caused by these sorts of insults. This law of 'institutional insult,' the forerunner of the modern tort of intentional infliction of emotional distress, was an important component of the developing laws of image. Like the right to privacy, it was a right to legal redress for injuries to one's public image and one's feelings about one's image. 5The Image Society chapter abstractIn the first decades of the twentieth century, the United States became an image society. In an emerging culture of celebrity and consumption, a nation where the mass media, especially visual media, were exerting a powerful hold over the popular consciousness, Americans were envisioning themselves and their social identities as images, entangled with, if not congruent with, the impressions they made in the eyes of others. The self inhered in the image: who one was was how one appeared before others, and that appearance was fluid and malleable. The self lived on the surface and was continuously regenerated through managed acts of self-performance and self-display. The actor became the modal self, and the act of managing and perfecting one's image was freighted with tremendous emotional and psychological weight. 6The Laws of Image chapter abstractAs the image-conscious sensibility gained purchase on the popular imagination, and the mass media proliferated, existing areas of law were expanded and new laws created to protect people's interests in their public images. In the 1930s and 40s, a majority of states recognized the tort right to privacy, described as a right to avoid undesirable and "unwarranted publicity." Libel claims increased, and courts were extending libel law to address a broad range of harms to people's emotions, reputations, and public personas. A new tort action remedied serious, intentionally inflicted injuries to people's feelings, including their feelings about their images. In a number of different contexts, courts were recognizing a right to manage and control aspects of one's public image, and the personal image lawsuit became a fixture of American legal culture. 7The Freedom to Image chapter abstractBefore World War I, William James Sidis was a famous child prodigy. As an adult, Sidis neglected his talents and retreated from public life. At 39, he was an adding-machine operator living alone in a shabby rooming house. The New Yorker wrote up his story in the magazine in 1937. Humiliated, Sidis sued for invasion of privacy. This chapter tells the story of the 1940 case Sidis v. F.R. Publishing, a milestone in the history of personal image law. Sidis was the first decision from a high federal court to imply that the right to privacy could be limited in the interest of freedom of speech. Sidis suggested that the right of the individual to control and express his own public image impinged on a more important right: the right of publishers to make and circulate images of people, and the right of the public to consume those images. 8An Age of Images chapter abstractBy the 1950s, the laws of image were firmly established in American law and legal culture. Both the famous and the unknown were asserting a sense of entitlement to their images and mobilizing the law to defend themselves against unwanted publicity and perceived distortions of their public personae. Although courts in the post World War II era imposed further limitations on the image torts in the name of freedom of speech, the proliferation of the media, new communication technologies, and a cultural focus on personal images and "image management" nonetheless led to the significant growth of image law and personal image litigation. At the same time the laws of image were being narrowed, they expanded to accommodate people's increasing protectiveness of their public images in an image-saturated society, what was being described as an "age of images." 9Privacy and the Image in Postwar America chapter abstractThe privacy tort came into its own in the 1950s and 60s. The number of reported privacy cases more than doubled that of any previous decade, and the tort was recognized in a majority of states. After years of avoiding the question, in 1967 the Supreme Court finally addressed the question of whether, as a matter of formal constitutional law, the privacy tort could coexist with modern interpretations of freedom of speech. The uneasy, tentative truce between privacy and free speech that the Court achieved in Time, Inc. v. Hill (1967) was emblematic of the culture of the time, which struggled to reconcile competing commitments to personal freedom — the freedom to determine one's own public persona and the freedom to make images of people and public affairs. Privacy and the Image in Postwar America chapter abstractBy the 1970s, the basic doctrines of the tort laws of image had been established, as had the "image-conscious sensibility." As this book has illustrated, the twentieth century witnessed the rise of a cultural attitude or outlook in which the self is conceptualized in terms of images. The law both responded to and contributed to this focus on images and the rise of the image-conscious self. A body of tort law — "image law" — was created to protect the individual's public image, his ability to control his image, and his feelings about his image. Free speech limitations notwithstanding, American culture embraced the idea of a legal right to be vindicated and compensated for image-based harms, part of a broader, fundamental right to possess and control the self.
£22.79
Stanford University Press Letters to the Contrary
Book SynopsisThis remarkable collection of letters reveals the debate over universal human rights. Prominent mid-twentieth-century intellectuals and leadersincluding Gandhi, T.S. Eliot, W.H. Auden, Aldous Huxley, Jawaharlal Nehru, and Arnold Schoenbergengaged with the question of universal human rights. Letters to the Contrary presents the foundation of the intellectual struggles and ideological doubts still present in today''s human rights debates. Since its adoption in 1948, historians and human rights scholars have claimed that the Universal Declaration of Human Rights was influenced by UNESCO''s 194748 global survey of intellectuals, theologians, and cultural and political leaders, that supposedly demonstrated a truly universal consensus on human rights. Based on meticulous archival research, Letters to the Contrary provides a curated history of the UNESCO human rights survey and demonstrates its relevance to contemporary debates over the origins, legitimacy, and universTrade Review"In this clever and timely book, Mark Goodale complicates the presumed universality of human rights, providing an alternative history of the UNESCO process. Besides representing a fabulous archival 'find,' Letters to the Contrary provides vital historical and anthropological analysis to illuminate these texts. This stellar book is novel in its focus on a largely overlooked episode in the history of UNESCO and rights and classic in the sense that rights and internationalism continue to be central to so many disciplines today. Unearthed letters from the likes of Eliot, Auden, Schoenberg, Carr, and Huxley form a veritable who's who of twentieth-century political thought. Lively, eminently readable, and utterly stimulating."—Lynn Meskell, Stanford University"Goodale's superb reconstruction of the history surrounding the UNESCO-sponsored survey of human rights demonstrates perfectly the political and contingent nature of the origins of the international human rights enterprise. It reveals both the centrality of philosophy to that enterprise, and the virtual impossibility of seeking a conception of human rights that is universal in philosophical analysis rather than political compromise."—Philip Alston, New York University"Human rights might survive our age of rupture if we cease to delude ourselves with myth-making about their historical origins. In this outstanding book, Mark Goodale shows unequivocally that the creation moment of 'the age of rights' was in no sense universal at all. Letters to the Contrary makes it impossible to defend the triumphalist vision of the postwar human rights story with the blithe assertion that everybody agreed human rights were now the only game in town."—Stephen Hopgood, SOAS, University of London"All international human rights lawyers concerned with the universality of human rights should read this book. Mark Goodale reveals how human rights comparison and distinction, not identification of a common denominator, were at the core of the UNESCO human rights survey and the resulting examination of the grounds of an international declaration of human rights. Rediscovering a differentiated and culturally sensitive philosophical discussion of human rights is not only humbling, it allows us to hope for reinvigorated universal debate."—Samantha Besson, University of FribourgTable of ContentsHistory: UNESCO in the Paradigmatic Transition Interpretations: From a "Hollow Sham" to a "Plurality of Cultural Values" Memorandum and Questionnaire Circulated by UNESCO on the Theoretical Bases of the Rights of Man The Grounds of an International Declaration of Human Rights Foreword and Introduction to Human Rights, Comments and Interpretations, UNESCO 1949 Liberalism from the Ashes Beyond Egotistic Man: Communist, Socialist, and Social Democratic Challenges Rights in a Sacred Universe The Universal Declaration of Human Duties The Technological Society of the Future Universal Human Rights in a Colonial World Human Rights as History and Practice Specific Freedoms From Repudiation to the Play of Fancy
£91.80
John Wiley & Sons Seeking Justice for the Holocaust Herbert C.
Book SynopsisWith its broad new examination of the background and context of the Nuremberg trials, and its expanded view of the roles played by Roosevelt and his unlikely deputy Pell, Seeking Justice for the Holocaust offers a deeper and more nuanced understanding of how the Allies came to hold Nazis accountable for their crimes against humanity.
£20.66
