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Author : Anna Rutherford Kirkland
Publisher :
ISBN 13 :
Total Pages : 604 pages
Book Rating : 4.:/5 (34 download)
Download or read book Personhood and Identity in American Law written by Anna Rutherford Kirkland and published by . This book was released on 2003 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Angela Naimou
Publisher : Fordham Univ Press
ISBN 13 : 0823264777
Total Pages : 427 pages
Book Rating : 4.8/5 (232 download)
Download or read book Salvage Work written by Angela Naimou and published by Fordham Univ Press. This book was released on 2015-04-01 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Salvage Work examines contemporary literary responses to the law’s construction of personhood in the Americas. Tracking the extraordinary afterlives of the legal slave personality from the nineteenth century into the twenty-first, Angela Naimou shows the legal slave to be a fractured but generative figure for contemporary legal personhood across categories of race, citizenship, gender, and labor. What emerges is a compelling and original study of how law invents categories of identification and how literature contends with the person as a legal fiction. Through readings of Francisco Goldman’s The Ordinary Seaman, Edwidge Danticat’s Krik?Krak!, Rosario Ferre’s Sweet Diamond Dust (Maldito Amor), Gayl Jones’s Song for Anninho and Mosquito, and John Edgar Wideman’s Fanon, Naimou shows how literary engagements with legal personhood reconfigure formal narrative conventions in Black Atlantic historiography, the immigrant novel, the anticolonial romance, the trope of the talking book, and the bildungsroman. Revealing links between colonial, civic, slave, labor, immigration, and penal law, Salvage Work reframes debates over civil and human rights by revealing the shared hemispheric histories and effects of legal personhood across seemingly disparate identities—including the human and the corporate person, the political refugee and the economic migrant, and the stateless person and the citizen. In depicting the material remains of the legal slave personality in the de-industrialized neoliberal era, these literary texts develop a salvage aesthetic that invites us to rethink our political and aesthetic imagination of personhood. Questioning liberal frameworks for civil and human rights as well as what Naimou calls death-bound theories of personhood—in which forms of human life are primarily described as wasted, disposable, bare, or dead in law—Salvage Work thus responds to critical discussions of biopolitics and neoliberal globalization by exploring the potential for contemporary literature to reclaim the individual from the legal regimes that have marked her.
Author : Simon Stern
Publisher :
ISBN 13 : 0190695625
Total Pages : 921 pages
Book Rating : 4.1/5 (96 download)
Download or read book The Oxford Handbook of Law and Humanities written by Simon Stern and published by . This book was released on 2020 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
Author : Anne Griffiths
Publisher : Taylor & Francis
ISBN 13 : 131730814X
Total Pages : 286 pages
Book Rating : 4.3/5 (173 download)
Download or read book Subjectivity, Citizenship and Belonging in Law written by Anne Griffiths and published by Taylor & Francis. This book was released on 2016-10-04 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.
Author : Jennifer Rothman
Publisher : Harvard University Press
ISBN 13 : 0674986350
Total Pages : 170 pages
Book Rating : 4.6/5 (749 download)
Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Author : Adam Winkler
Publisher : Liveright Publishing
ISBN 13 : 0871403846
Total Pages : 485 pages
Book Rating : 4.8/5 (714 download)
Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Author : Lisa Marie Cacho
Publisher : NYU Press
ISBN 13 : 0814725422
Total Pages : 238 pages
Book Rating : 4.8/5 (147 download)
Download or read book Social Death written by Lisa Marie Cacho and published by NYU Press. This book was released on 2012-11-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2013 John Hope Franklin Book Prize presented by the American Studies Association A necessary read that demonstrates the ways in which certain people are devalued without attention to social contexts Social Death tackles one of the core paradoxes of social justice struggles and scholarship—that the battle to end oppression shares the moral grammar that structures exploitation and sanctions state violence. Lisa Marie Cacho forcefully argues that the demands for personhood for those who, in the eyes of society, have little value, depend on capitalist and heteropatriarchal measures of worth. With poignant case studies, Cacho illustrates that our very understanding of personhood is premised upon the unchallenged devaluation of criminalized populations of color. Hence, the reliance of rights-based politics on notions of who is and is not a deserving member of society inadvertently replicates the logic that creates and normalizes states of social and literal death. Her understanding of inalienable rights and personhood provides us the much-needed comparative analytical and ethical tools to understand the racialized and nationalized tensions between racial groups. Driven by a radical, relentless critique, Social Death challenges us to imagine a heretofore “unthinkable” politics and ethics that do not rest on neoliberal arguments about worth, but rather emerge from the insurgent experiences of those negated persons who do not live by the norms that determine the productive, patriotic, law abiding, and family-oriented subject.
Author : Visa A. J. Kurki
Publisher : Oxford University Press
ISBN 13 : 0198844034
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)
Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."
Author : Austin Sarat
Publisher : University of Michigan Press
ISBN 13 : 9780472084739
Total Pages : 452 pages
Book Rating : 4.0/5 (847 download)
Download or read book Identities, Politics, and Rights written by Austin Sarat and published by University of Michigan Press. This book was released on 1997-10-08 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reevaluation of how rights liberate and constrain human behavior
Author : Colin Dayan
Publisher : Princeton University Press
ISBN 13 : 0691157871
Total Pages : 364 pages
Book Rating : 4.6/5 (911 download)
Download or read book The Law Is a White Dog - How Legal Rituals Make and Unmake Persons written by Colin Dayan and published by Princeton University Press. This book was released on 2013-03-03 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fascinating account of how the law determines or dismantles identity and personhood Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.
Author : Jill Marshall
Publisher : BRILL
ISBN 13 : 9004170596
Total Pages : 245 pages
Book Rating : 4.0/5 (41 download)
Download or read book Personal Freedom Through Human Rights Law? written by Jill Marshall and published by BRILL. This book was released on 2009 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.
Author : Jeannine Marie DeLombard
Publisher : Univ of North Carolina Press
ISBN 13 : 0807887730
Total Pages : 345 pages
Book Rating : 4.8/5 (78 download)
Download or read book Slavery on Trial written by Jeannine Marie DeLombard and published by Univ of North Carolina Press. This book was released on 2009-06-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown and his Harpers Ferry co-conspirators. Jeannine Marie DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in the court of public opinion via popular print media. Discussing autobiographies by Frederick Douglass, a scandal narrative about Sojourner Truth, an abolitionist speech by Henry David Thoreau, sentimental fiction by Harriet Beecher Stowe, and a proslavery novel by William MacCreary Burwell, DeLombard argues that American literature of the era cannot be fully understood without an appreciation for the slavery debate in the courts and in print. Combining legal, literary, and book history approaches, Slavery on Trial provides a refreshing alternative to the official perspectives offered by the nation's founding documents, legal treatises, statutes, and judicial decisions. DeLombard invites us to view the intersection of slavery and law as so many antebellum Americans did--through the lens of popular print culture.
Author : Jeannine Marie DeLombard
Publisher : University of Pennsylvania Press
ISBN 13 : 0812206339
Total Pages : 457 pages
Book Rating : 4.8/5 (122 download)
Download or read book In the Shadow of the Gallows written by Jeannine Marie DeLombard and published by University of Pennsylvania Press. This book was released on 2012-07-24 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Puritan Execution Day rituals to gangsta rap, the black criminal has been an enduring presence in American culture. To understand why, Jeannine Marie DeLombard insists, we must set aside the lenses of pathology and persecution and instead view the African American felon from the far more revealing perspectives of publicity and personhood. When the Supreme Court declared in Dred Scott that African Americans have "no rights which the white man was bound to respect," it overlooked the right to due process, which ensured that black offenders—even slaves—appeared as persons in the eyes of the law. In the familiar account of African Americans' historical shift "from plantation to prison," we have forgotten how, for a century before the Civil War, state punishment affirmed black political membership in the breach, while a thriving popular crime literature provided early America's best-known models of individual black selfhood. Before there was the slave narrative, there was the criminal confession. Placing the black condemned at the forefront of the African American canon allows us to see how a later generation of enslaved activists—most notably, Frederick Douglass—could marshal the public presence and civic authority necessary to fashion themselves as eligible citizens. At the same time, in an era when abolitionists were charging Americans with the national crime of "manstealing," a racialized sense of culpability became equally central to white civic identity. What, for African Americans, is the legacy of a citizenship grounded in culpable personhood? For white Americans, must membership in a nation built on race slavery always betoken guilt? In the Shadow of the Gallows reads classics by J. Hector St. John de Crèvecoeur, Edgar Allan Poe, Frederick Douglass, Herman Melville, George Lippard, and Edward Everett Hale alongside execution sermons, criminal confessions, trial transcripts, philosophical treatises, and political polemics to address fundamental questions about race, responsibility, and American civic belonging.
Author : Barbara Young Welke
Publisher : Cambridge University Press
ISBN 13 : 9780521152259
Total Pages : 0 pages
Book Rating : 4.1/5 (522 download)
Download or read book Law and the Borders of Belonging in the Long Nineteenth Century United States written by Barbara Young Welke and published by Cambridge University Press. This book was released on 2010-03-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.
Author : Robert C. Post
Publisher : Duke University Press
ISBN 13 : 0822381133
Total Pages : 179 pages
Book Rating : 4.8/5 (223 download)
Download or read book Prejudicial Appearances written by Robert C. Post and published by Duke University Press. This book was released on 2001-10-19 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Prejudicial Appearances noted legal scholar Robert C. Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but instead as transforming social practices that define and sustain potentially oppressive categories like race or gender. Arguing that the prevailing logic of American antidiscrimination law is misleading, Post lobbies for deploying sociological understandings to reevaluate the antidiscrimination project in ways that would render the law more effective and just. Four distinguished commentators respond to Post’s provocative essay. Each adopts a distinctive perspective. K. Anthony Appiah investigates the philosophical logic of stereotyping and of equality. Questioning whether the law ought to endorse any social practices that define persons, Judith Butler explores the tension between sociological and postmodern approaches to antidiscrimination law. Thomas C. Grey examines whether Post’s proposal can be reconciled with the values of the rule of law. And Reva B. Siegel applies critical race theory to query whether antidiscrimination law’s reshaping of race and gender should best be understood in terms of practices of subordination and stratification. By illuminating the consequential rhetorical maneuvers at the heart of contemporary U.S. antidiscrimination law, Prejudical Appearances forces readers to reappraise the relationship between courts of law and social behavior. As such, it will enrich scholars interested in the relationships between law, rhetoric, postmodernism, race, and gender.
Author : Jocelynne A. Scutt
Publisher : Springer
ISBN 13 : 3319449389
Total Pages : 325 pages
Book Rating : 4.3/5 (194 download)
Download or read book Women, Law and Culture written by Jocelynne A. Scutt and published by Springer. This book was released on 2017-02-17 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores cultural constructs, societal demands and political and philosophical underpinnings that position women in the world. It illustrates the way culture controls women's place in the world and how cultural constraints are not limited to any one culture, country, ethnicity, race, class or status. Written by scholars from a wide range of specialists in law, sociology, anthropology, popular and cultural studies, history, communications, film and sex and gender, this study provides an authoritative take on different cultures, cultural demands and constraints, contradictions and requirements for conformity generating conflict. Women, Law and Culture is distinctive because it recognises that no particular culture singles out women for 'special' treatment, rules and requirements; rather, all do. Highlighting the way law and culture are intimately intertwined, impacting on women – whatever their country and social and economic status – this book will be of great interest to scholars of law, women’s and gender studies and media studies.
Author : Sarah Valentine
Publisher : St. Martin's Press
ISBN 13 : 1250146763
Total Pages : 251 pages
Book Rating : 4.2/5 (51 download)
Download or read book When I Was White written by Sarah Valentine and published by St. Martin's Press. This book was released on 2019-08-06 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The stunning and provocative coming-of-age memoir about Sarah Valentine's childhood as a white girl in the suburbs of Pittsburgh, and her discovery that her father was a black man. At the age of 27, Sarah Valentine discovered that she was not, in fact, the white girl she had always believed herself to be. She learned the truth of her paternity: that her father was a black man. And she learned the truth about her own identity: mixed race. And so Sarah began the difficult and absorbing journey of changing her identity from white to black. In this memoir, Sarah details the story of the discovery of her identity, how she overcame depression to come to terms with this identity, and, perhaps most importantly, asks: why? Her entire family and community had conspired to maintain her white identity. The supreme discomfort her white family and community felt about addressing issues of race–her race–is a microcosm of race relationships in America. A black woman who lived her formative years identifying as white, Sarah's story is a kind of Rachel Dolezal in reverse, though her "passing" was less intentional than conspiracy. This memoir is an examination of the cost of being black in America, and how one woman threw off the racial identity she'd grown up with, in order to embrace a new one.
