Cultural Analysis, Cultural Studies, and the Law Moving Beyond Legal Realism
Produktdetaljer
Biografisk notat
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. He is president of the Association for the Study of Law, Culture, and the Humanities and past president of the Law & Society Association. He has written and edited many books, including When the State Kills: Capital Punishment and the American Condition.
Jonathan Simon is Professor of Law at the University of Miami School of Law. He is the author of Poor Discipline: Parole and the Social Control of the Underclass, 1890–1990 and coeditor of Embracing Risk: The Changing Culture of Insurance and Responsibility.
“Expansive and thought-provoking, <i>Cultural Analysis, Cultural Studies, and the Law</i> captures the variety and richness of cultural approaches to the study of law and culture without sacrificing coherence or rigor.”-Patricia Ewick, coauthor of <i>The Common Place of Law: Stories from Everyday Life</i> <i>”Cultural Analysis, Cultural Studies, and the Law</i> pulls together a fascinating set of essays that demonstrate the breadth and possibilities of this new field along with an introduction that lays out the field’s terrain and describes something of its origins and possibilities. The intellectual movement is already under way; this book provides a focus for it."-Sally Engle Merry, author of <i>Colonizing Hawai’i: The Cultural Power of Law</i>
Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions-as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts.
Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young
I. Approaches to the Cultural Study of Law
Law as Culture / Naomi Mezey 37
What It Is and What It Isn't: Cultural Studies Meets Graduate Student Labor / Toby Miller 73
Telling a Less Suspicious Story: Notes toward a Nonskeptical Approach to Legal/Cultural Analysis / Paul Schiff Berman 105
Freedom, Autonomy, and the Cultural Studies of Law / Paul W. Kahn 154
II. Deploying Law and Legal Ideas in Culture and Society
Ethnography and Democracy: Texts and Contexts in the United States in the 1990s / Carol J. Greenhouse 191
Rules of Law, Laws of Science / Wai Chee Dimock 220
Law, Therapy, Culture / Peter Brooks 245
III. Reading Legal Events
A Ghost in the House of Justice: Death and the Language of the Law / Shoshana Felman 259
Lacan and Voting Rights / Anthony Paul Farley 304
“Into the Blue": The Image Written on Law / Alison Young 327
Contributors 353
Index 355
Produktdetaljer
Biografisk notat
Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. He is president of the Association for the Study of Law, Culture, and the Humanities and past president of the Law & Society Association. He has written and edited many books, including When the State Kills: Capital Punishment and the American Condition.
Jonathan Simon is Professor of Law at the University of Miami School of Law. He is the author of Poor Discipline: Parole and the Social Control of the Underclass, 1890–1990 and coeditor of Embracing Risk: The Changing Culture of Insurance and Responsibility.