Law in America

Law in America
Author: Lawrence M. Friedman
Publisher: Modern Library
Total Pages: 226
Release: 2004-10-12
Genre: History
ISBN: 0812972856

Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.

Law and the Modern Mind

Law and the Modern Mind
Author: Susanna L. Blumenthal
Publisher: Harvard University Press
Total Pages: 0
Release: 2016-02-22
Genre: Law
ISBN: 9780674048935

In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.

Law and the Modern Mind

Law and the Modern Mind
Author: Jerome Frank
Publisher: Taylor & Francis
Total Pages: 449
Release: 2017-07-12
Genre: Law
ISBN: 135150956X

Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

Survivors of Slavery

Survivors of Slavery
Author: Laura T. Murphy
Publisher: Columbia University Press
Total Pages: 345
Release: 2014-03-25
Genre: Social Science
ISBN: 0231535759

Slavery is not a crime confined to the far reaches of history. It is an injustice that continues to entrap twenty-seven million people across the globe. Laura Murphy offers close to forty survivor narratives from Cambodia, Ghana, Lebanon, Macedonia, Mexico, Russia, Thailand, Ukraine, and the United States, detailing the horrors of a system that forces people to work without pay and against their will, under the threat of violence, with little or no means of escape. Representing a variety of circumstances in diverse contexts, these survivors are the Frederick Douglasses, Sojourner Truths, and Olaudah Equianos of our time, testifying to the widespread existence of a human rights tragedy and the urgent need to address it. Through storytelling and firsthand testimony, this anthology shapes a twenty-first-century narrative that many believe died with the end of slavery in the Americas. Organized around such issues as the need for work, the punishment of defiance, and the move toward activism, the collection isolates the causes, mechanisms, and responses to slavery that allow the phenomenon to endure. Enhancing scholarship in women's studies, sociology, criminology, law, social work, and literary studies, the text establishes a common trajectory of vulnerability, enslavement, captivity, escape, and recovery, creating an invaluable resource for activists, scholars, legislators, and service providers.

Sisters in Law

Sisters in Law
Author: Virginia G. Drachman
Publisher: Harvard University Press
Total Pages: 354
Release: 2001
Genre: History
ISBN: 9780674006942

Ranging from the 1860s when women first sought entrance into law to the 1930s when most institutional barriers had crumbled, this book defines the contours of women's integration into the most rigidly gendered profession.

Justice for Some

Justice for Some
Author: Noura Erakat
Publisher: Stanford University Press
Total Pages: 405
Release: 2019-04-23
Genre: History
ISBN: 1503608832

“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Law and Order

Law and Order
Author: Michael W. Flamm
Publisher: Columbia University Press
Total Pages: 322
Release: 2005
Genre: History
ISBN: 023111513X

Law and Order offers a valuable new study of the political and social history of the 1960s. It presents a sophisticated account of how the issues of street crime and civil unrest enhanced the popularity of conservatives, eroded the credibility of liberals, and transformed the landscape of American politics. Ultimately, the legacy of law and order was a political world in which the grand ambitions of the Great Society gave way to grim expectations. In the mid-1960s, amid a pervasive sense that American society was coming apart at the seams, a new issue known as law and order emerged at the forefront of national politics. First introduced by Barry Goldwater in his ill-fated run for president in 1964, it eventually punished Lyndon Johnson and the Democrats and propelled Richard Nixon and the Republicans to the White House in 1968. In this thought-provoking study, Michael Flamm examines how conservatives successfully blamed liberals for the rapid rise in street crime and then skillfully used law and order to link the understandable fears of white voters to growing unease about changing moral values, the civil rights movement, urban disorder, and antiwar protests. Flamm documents how conservatives constructed a persuasive message that argued that the civil rights movement had contributed to racial unrest and the Great Society had rewarded rather than punished the perpetrators of violence. The president should, conservatives also contended, promote respect for law and order and contempt for those who violated it, regardless of cause. Liberals, Flamm argues, were by contrast unable to craft a compelling message for anxious voters. Instead, liberals either ignored the crime crisis, claimed that law and order was a racist ruse, or maintained that social programs would solve the "root causes" of civil disorder, which by 1968 seemed increasingly unlikely and contributed to a loss of faith in the ability of the government to do what it was above all sworn to do-protect personal security and private property.

Ladies And Gentlemen Of The Jury

Ladies And Gentlemen Of The Jury
Author: Michael S. Lief
Publisher: Simon and Schuster
Total Pages: 609
Release: 2012-12-11
Genre: Social Science
ISBN: 1471108546

In the hands of a skilled trial lawyer, the closing argument offers the courtroom's greatest dramatic possiblilities. It is the advocate's last opportunity to convince the jury of their version of the "truth" before the defendent's fate is sealed. Every argument included here is a finely crafted verbal work of art - they represent the modern-day, highest form of an ancient profession and art: that of the storyteller. The only available collection of great closing arguments - complete with insightful analysis and biographical profiles of the lawyers involved - this fascinating volume gathers the passionate finales of the most celebrated cases in history. Included are the climactic closes to the Nuremberg War Trials; Gerry Spence's crusade against the Kerr-McGee Nuclear Power Plant after the mysterious death of Karen Silkwood; Vincent Bugliosi's successful prosecution of cult leader Charles Manson and his followers; the astounding acquittal of John Delorean despite video evidence of his offences and the prosecution resulting from the Mai Lai massacre.