Justice and Injustice in Law and Legal Theory

University of Michigan Press
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Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law.
Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law.
Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense.
The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science.
Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
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About the author

Austin Sarat is William Nelson Cromwell Professor of Jurisprudence & Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy & Professor of Law, Jurisprudence, & Social Thought, Amherst College.

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Additional Information

Publisher
University of Michigan Press
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Published on
Nov 11, 2009
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Pages
184
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ISBN
9780472023684
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Language
English
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Genres
Law / General
Philosophy / General
Political Science / General
Social Science / Sociology / General
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This content is DRM free.
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Eligible for Family Library

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In bringing together accomplished and thoughtful scholars of different disciplines, with a command of literature ranging from the legal to the literary, and in relating the works to the central arguments of the late Professor Robert Cover, Sarat and Kearns have created a first-rate up-to-date exposition of this important and complicated issue, namely, how to understand better the violence implicit and explicit in law.--Legal Studies Forum The relationship between law and violence is made familiar to us in vivid pictures of police beating suspects, the large and growing prison population, and the tenacious attachment to capital punishment in the United States. Yet the link between law and violence and the ways that law manages to impose pain and death while remaining aloof and unstained are an unexplored mystery. Each essay in this volume considers the question of how violence done by and in the name of the law differs from illegal or extralegal violence--or, indeed, if they differ at all. Each author draws on a distinctive disciplinary tradition-- literature, history, anthropology, philosophy, political science, or law. Yet each reminds us that law, constituted in response to the metaphorical violence of the state of nature, is itself a doer of literal violence. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts.
Legal Rights: Historical and Philosophical Perspectives shows that the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life.
Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron.
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
#1 NEW YORK TIMES BESTSELLER, NAMED BY THE TIMES AS ONE OF "6 BOOKS TO HELP UNDERSTAND TRUMP'S WIN" AND SOON TO BE A MAJOR-MOTION PICTURE DIRECTED BY RON HOWARD

"You will not read a more important book about America this year."—The Economist

"A riveting book."—The Wall Street Journal

"Essential reading."—David Brooks, New York Times

Hillbilly Elegy is a passionate and personal analysis of a culture in crisis—that of white working-class Americans. The disintegration of this group, a process that has been slowly occurring now for more than forty years, has been reported with growing frequency and alarm, but has never before been written about as searingly from the inside. J. D. Vance tells the true story of what a social, regional, and class decline feels like when you were born with it hung around your neck.

The Vance family story begins hopefully in postwar America. J. D.’s grandparents were “dirt poor and in love,” and moved north from Kentucky’s Appalachia region to Ohio in the hopes of escaping the dreadful poverty around them. They raised a middle-class family, and eventually one of their grandchildren would graduate from Yale Law School, a conventional marker of success in achieving generational upward mobility. But as the family saga of Hillbilly Elegy plays out, we learn that J.D.'s grandparents, aunt, uncle, sister, and, most of all, his mother struggled profoundly with the demands of their new middle-class life, never fully escaping the legacy of abuse, alcoholism, poverty, and trauma so characteristic of their part of America. With piercing honesty, Vance shows how he himself still carries around the demons of his chaotic family history.

A deeply moving memoir, with its share of humor and vividly colorful figures, Hillbilly Elegy is the story of how upward mobility really feels. And it is an urgent and troubling meditation on the loss of the American dream for a large segment of this country.

From 9/11 to Katrina, from Darfur to the Minnesota bridge collapse, ours is an "age of catastrophe." In this era, catastrophic events seem to have a revelatory quality: they offer powerful reminders of the fragility of our social and institutional architectures, making painfully evident vulnerabilities in our social organization that were otherwise invisible. By disrupting the operation of fundamental mechanisms and infrastructures of the social order, they lay bare the conditions that make our sense of normalcy possible.

At a time when societies are directing an unprecedented level of resources and ingenuity to anticipating and mitigating catastrophic events, Catastrophe: Law, Politics, and the Humanitarian Impulse examines the tests that catastrophe poses to politics and humanitarianism as well as to the law. It explores legal, political, and humanitarian responses during times when the sudden, discontinuous, and disastrous event has become, perhaps paradoxically, a structural component of our political imagination. It asks whether law, politics, and humanitarianism live up to the tests posed by disaster, and the role all of them play in creating a more resilient world.

Taken together the essays in this book ask us to see through and beyond the myths that surround catastrophe and our responses to it. They ask us to rethink our understanding of catastrophe and to imagine new legal, political, and humanitarian responses.

In addition to the editors, contributors include Thomas Birkland, Michele Landis Dauber, Kim Fortun, Edward Rackley, Peter Redfield, Peter H. Schuck, and Susan Sterett.

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