Books by Marianne Constable
Edited by Marianne Constable, Leti Volpp and Bryan Wagner
For many inside and outside the legal ... more Edited by Marianne Constable, Leti Volpp and Bryan Wagner
For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints.
Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture.
Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law.
Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain.
Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner
Bookmarks Related papers MentionsView impact
Papers by Marianne Constable
Critical Analysis of Law, Mar 14, 2014
Bookmarks Related papers MentionsView impact
Cambridge University Press eBooks, Mar 31, 2010
Bookmarks Related papers MentionsView impact
English Language Notes, Sep 1, 2010
Bookmarks Related papers MentionsView impact
Mercer Law Review, 2012
Bookmarks Related papers MentionsView impact
UC Irvine law review, Sep 1, 2011
Bookmarks Related papers MentionsView impact
Bookmarks Related papers MentionsView impact
British Journal of Criminology, Mar 15, 2017
Bookmarks Related papers MentionsView impact
Canadian Journal of Law and Society, Sep 9, 2016
Bookmarks Related papers MentionsView impact
Representations, 1996
Believing Californias diversity to be an asset, we adopt this statement: Because individual membe... more Believing Californias diversity to be an asset, we adopt this statement: Because individual members of all of Californias diverse races have the intelligence and capacity to succeed at the University of California, this policy will achieve a UC population that reflects this states diversity through the preparation and empowerment of all students in this state to succeed rather than through a system of artificial preferences.'
Bookmarks Related papers MentionsView impact
Law and Social Inquiry-journal of The American Bar Foundation, Apr 1, 2003
Robert P. Bums's A Theory of the Trial should be required reading for scholars interested in ... more Robert P. Bums's A Theory of the Trial should be required reading for scholars interested in law and society. In this introduction to the Law & Social Inquiry symposium on the book (originally presented as a panel at the Law and Society Association 2002 annual meeting), I note three things the book does. I hope to provide enough of a sense of the book that readers can follow the symposium contributions and be inspired to read the book themselves.
Bookmarks Related papers MentionsView impact
The Journal of American Culture, Mar 1, 1992
Bookmarks Related papers MentionsView impact
Cambridge University Press eBooks, Dec 28, 2017
Bookmarks Related papers MentionsView impact
Polity, Dec 1, 1991
... whose truths are contro-verted, Foucault's question becomes how such fictions came to be... more ... whose truths are contro-verted, Foucault's question becomes how such fictions came to be knowledge, how the theory of sovereignty came to be ... In their place, new images-Nietzsche's inverted Platonism or "what might be called, in homage to Kantorowitz [sic], 'the least body of ...
Bookmarks Related papers MentionsView impact
Law & Society Review, 1995
In his address to the 1995 Law and Society Association, Boaventura de Sousa Santos argued that ti... more In his address to the 1995 Law and Society Association, Boaventura de Sousa Santos argued that times are changing and that "we"-the law and society audience, among others-must use "the imagination to explore new modes of human possibility and styles of will and to oppose the necessity of what exists on behalf of something radically better that is worth fighting for and to which humanity is fully entitled" (Santos 1995:573). Admirable sentiments, on which Santos elaborates via three suggestive metaphors introduced to help "reinvent maps of social emancipation and subjectivities with the capacity and desire for using them" (ibid.). After pondering what Santos calls-in this admittedly "adapted and simplified version" of a longer text-the "cultural metaphors" of the frontier, the baroque, and the South, the sociolegal scholar may be left wondering just how these metaphors relate to law. What is the "new conception of law" announced in Santos's title? What, for that matter, is the old-that is, modem-conception of law that these metaphors are invoked to confront? What follows comments on, first, Santos's understanding of the crisis of modem law; second, the confrontation with modem law that he envisions; and finally, his use of a map metaphor for approaching the ostensibly "new" place of law. For Santos, modem society is characterized by the development-and, outside Europe, the imposition-of rational or scientific management. Modem law played a role "subordinate [to science] but equally central" in this development, he claims, as it provided juridical or "nonpolitical" solutions to what would otherwise have been the political problems of social rebellion and social conflict. Although conceptions of social regulation and of social emancipation formerly checked one another, Santos claims, the "deep and irreversible crisis" occurring today involves the reproduction of social regulation "by and through" the
Bookmarks Related papers MentionsView impact
Law and Social Inquiry-journal of The American Bar Foundation, 1994
In Twilight of the Idols, Nietzsche presents a history of metaphysics that can also be read as a ... more In Twilight of the Idols, Nietzsche presents a history of metaphysics that can also be read as a history of jurisprudence. Nietzsche shows how—via Platonism, Christendom, Kantianism, and utilitarianism—the “real” or “true” world of ideals gives way to an “apparent” phenomenal world that is itself ultimately brought into question. This article shows how 20th-century legal thought, broadly construed, also moves away from “ideals” of law toward an understanding of law as observable social phenomena. It suggests that the move to the “apparent” world in legal thought raises questions similar to those raised by Nietzsche's work: Does sociological law point to a nihilistic destruction of the legal tradition or to a joyous possibility of overcoming that tradition?
Bookmarks Related papers MentionsView impact
Social Science Research Network, May 2, 2019
Bookmarks Related papers MentionsView impact
Bookmarks Related papers MentionsView impact
British Journal of Criminology, Jul 1, 2017
Bookmarks Related papers MentionsView impact
Bookmarks Related papers MentionsView impact
Uploads
Books by Marianne Constable
For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints.
Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture.
Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law.
Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain.
Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner
Papers by Marianne Constable
For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints.
Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture.
Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law.
Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain.
Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner