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"Umphrey, Martha Merrill, editor"
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Law and War
Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war-a connection that has long vexed the jurisprudential imagination. Historically the term \"war crime\" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn.
In examining this fraught, contested, and evolving relationship,Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?
eBook
Reimagining To Kill a Mockingbird
Fifty years after the release of the film version of Harper Lee’s acclaimed novel To Kill a Mockingbird, this collection of original essays takes a fresh look at a classic text in legal scholarship. The contributors revisit and examine Atticus, Scout, and Jem Finch, their community, and the events that occur there through the interdisciplinary lens of law and humanities scholarship. The readings in this volume peel back the film’s visual representation of the manylayered social world of Maycomb, Alabama, offering sometimes counterintuitive insights through the prism of a number of provocative contemporary theoretical and interpretive questions. What, they ask, is the relationship between the subversion of social norms and the doing of justice or injustice? Through what narrative and visual devices are some social hierarchies destabilized while others remain hegemonic? How should we understand the sacrifices characters make in the name of justice, and comprehend their failures in achieving it? Asking such questions casts light on the film’s eccentricities and internal contradictions and suggests the possibility of new interpretations of a culturally iconic text. The book examines the context that gave meaning to the film’s representation of race and how debates about family, community, and race are played out and reframed in law. Contributors include Colin Dayan, Thomas L. Dumm, Susan Sage Heinzelman, Linda Ross Meyer, Naomi Mezey, Imani Perry, and Ravit Reichman.
eBook
Law and Illiberalism
Does the law shield citizens from authoritarian regimes? Are the
core beliefs of classical liberalism-namely the rights of all
individuals and constraints on state power-still protected by law?
Liberalism and its expansion of rights could not exist without the
legal system, and unsurprisingly, many scholars have explored the
relationship between law and liberalism. However, the study of law
and illiberalism is a relatively recent undertaking, a
project that takes on urgency in light of the rise of authoritarian
powers, among them Donald Trump's administration, Viktor Orban's
Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil.
In this volume, six penetrating essays explore the dynamics of
the law and illiberal quests for power, examining the
anti-liberalism of neoliberalism; the weaponization of \"free
speech\"; the role of the administrative state in current crises of
liberal democracy; the broad and unstoppable assault on facts,
truth, and reality; and the rise of conspiracism leading up to the
Capitol insurrection. In addition to the editors, contributors
include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee
McIntyre, and Nancy Rosenblum.
eBook
Law and Mourning
Law and Mourning brings together a distinguished group of scholars to explore the many and complex ways that law both regulates and gives meaning to our experience of loss. The essays in this volume illuminate how law helps us to absorb and contend with loss and its reverberations, channeling the powerful emotions associated with death and protecting those vulnerable to them. At the same time, law creates a regulatory framework for death as it establishes the necessity for a clear demarcation of the boundary between life and death, defines what we can and cannot do with the remains of the dead, and creates both privileges and disabilities for survivors. The contributors to the volume also explore how mourning generates critiques of existing legal and political orders which seem compelled by calls from the dead, unleashing an indifference to legal consequences in survivors that can undermine or destroy law.
In addition to the editors, the contributors include Andrea Brady, Catherine Kellogg, Shai Lavi, Ray Madoff, Ann Pelligrini, and Mark Sanders.
eBook
Law as Punishment / Law as Regulation
Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence.
This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
eBook