History, Memory, and the LawAustin Sarat, Thomas R. Kearns University of Michigan Press, 2009 M11 10 - 337 páginas The essays in this book examine law as an active participant in the process through which history is written and memory is constructed. Instead of seeing law as a "victim" of history, the writers treat law as an author of history, not just in the instrumental sense in which law can be said to make a difference in society, but in the ways that law constructs and uses history. Law looks to the past as it speaks to present needs. In the production of judicial opinions--supposedly definitive statements of what the law is--judges reconstruct law's past, tracing out lines of legal precedent that arguably "compel" their decisions. These essays consider how law treats history, how history appears in legal decisions, and how the authority of history is used to authorize legal decisions. Furthermore, law plays a role in the construction of memory. The writers here ask how law remembers and records the past as well as how it helps us to remember our past. Law in the modern era is one of the most important of our society's technologies for preserving memory. In helping to construct our memory in certain ways law participates in the writing of our collective history. It plays a crucial role in knitting together our past, present, and future. The essays in this volume present grounded examinations of particular problems, places, and practices and address the ways in which memory works in and through law, the sites of remembrance that law provides, the battles against forgetting that are fought in and around those sites, and the resultant role law plays in constructing history. The writers also inquire about the way history is mobilized in legal decision making, the rhetorical techniques for marshalling and for overcoming precedent, and the different histories that are written in and through the legal process. The contributors are Joan Dayan, Soshana Felman, Dominic La Capra, Reva Siegel, Brook Thomas, and G. Edward White. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Professor of Law, Jurisprudence, and Social Thought, Amherst College. He is past President of the Law and Society Association and current President of the Association for the Study of Law, Culture, and the Humanities. Thomas R. Kearns is William H. Hastie Professor of Philosophy and Professor of Law, Jurisprudence, and Social Thought, Amherst College. |
Dentro del libro
Página 21
... relationship of history and metaphor with Justice Taney's use of the idea of stigma in Dred Scott . In that case Taney claimed that persons of African descent had been , and would always be , stigmatized by " deep and enduring marks of ...
... relationship of history and metaphor with Justice Taney's use of the idea of stigma in Dred Scott . In that case Taney claimed that persons of African descent had been , and would always be , stigmatized by " deep and enduring marks of ...
Página 27
... Relation ( Cambridge : Harvard University Press , 1988 ) ; Richard Rorty , Contin- gency , Irony , and Solidarity ( New York : Cambridge University Press , 1989 ) ; and Stanley Fish , Doing What Comes Naturally : Change , Rhetoric , and ...
... Relation ( Cambridge : Harvard University Press , 1988 ) ; Richard Rorty , Contin- gency , Irony , and Solidarity ( New York : Cambridge University Press , 1989 ) ; and Stanley Fish , Doing What Comes Naturally : Change , Rhetoric , and ...
Página 28
Alcanzaste el límite de visualización de este libro.
Alcanzaste el límite de visualización de este libro.
Página 29
Alcanzaste el límite de visualización de este libro.
Alcanzaste el límite de visualización de este libro.
Página 30
Alcanzaste el límite de visualización de este libro.
Alcanzaste el límite de visualización de este libro.
Contenido
1 | |
25 | |
The Cases of Flaubert and Baudelaire | 95 |
Reasoning about The Woman Question in the Discourse of Sex Discrimination | 131 |
Prisons and the Law | 183 |
Discriminating Marks in Legal History | 249 |
The Regulation of Film and Radio Speech | 283 |
Contributors | 317 |
Index | 317 |
Otras ediciones - Ver todas
Términos y frases comunes
abyss administrative affirmative action American analogy argued Arizona Department attorney badge Baudelaire blacks broadcasts Brown Casey century chain civil death civil rights claims classification confession constitutional crime criminal cultural Department of Corrections discourse dissent doctrine Dred Scott equal protection clause essay federal Flaubert and Baudelaire Fourteenth Amendment gender Ibid inmates interpretation judges judicial jury Justice KFKB Kreutzer Sonata Law Review law's legal system Lewis literary literature Madame Bovary marriage ment metaphor moral motion pictures Muecke murder Mutual Film narrative Nineteenth Amendment normative novel O. J. Simpson trial opinion past Pinard Plessy political Pozdnyshev precedent prison programs question race racial radio speech reasoning regulation relation Rodney King rule segregation Sénard sex discrimination sex-based slave slavery social memory status stigmatization story suffrage amendment Supreme Court Taney's Thirteenth Amendment tion Tolstoy Tolstoy's trauma understanding United University Press violence vote wife woman suffrage women York
Pasajes populares
Página 266 - Segregation with the sanction of law, therefore, has a tendency to retard the educational and mental development of Negro children and to deprive them of some of the benefits they would receive in a racially integrated school system.
Página 170 - ... throughout much of the 19th century the position of women in our society was, in many respects, comparable to that of blacks under the pre-Civil War slave codes. Neither slaves nor women could hold office, serve on juries, or bring suit in their own names, and married women traditionally were denied the legal capacity to hold or convey property or to serve as legal guardians of their own children. And although blacks were guaranteed the right to vote in 1870, women were denied even that right...
Página 157 - In this aspect of the matter, while the physical differences must be recognized in appropriate cases, and legislation fixing hours or conditions of work may properly take them into account, we cannot accept the doctrine that women of mature age, sui juris, require or may be subjected to restrictions upon their liberty of contract which could not lawfully be imposed in the case of men under similar circumstances.
Página 226 - The aspiration of men is to enjoy equality with the best when free, but on this broad continent not a single man of your race is made the equal of a single man of ours.
Página 119 - What seems beautiful to me, what I should like to write, is a book about nothing, a book dependent on nothing external, which would be held together by the internal strength of its style...
Página 296 - It cannot be put out of view that the exhibition of moving pictures is a business pure and simple, originated and conducted for profit, like other spectacles, not to be regarded, nor intended to be regarded by the Ohio constitution, we think, as part of the press of the country or as organs of public opinion.