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The classic introduction to law and its moral import, as clearly spun for lawyers and lay thinkers alike by America's legal legend, is now available in a library-quality clothbound edition with new Foreword and in a presentation suitable for gifting and keeping; it's an excellent read the summer before law school, for social scientists and historians, and for a graduation award. This new edition adds an extensive, biographical introduction by Steven Alan Childress, J.D., M.A., Ph.D., a senior professor of law at Tulane University. Presented in the Legal Legends Series by Quid Pro Books. - Building on the pragmatic conception of law he introduced in his 1881 book 'The Common Law, ' Oliver Wendell Holmes, Jr. -- by 1897 a jurist on Massachusetts' highest court and soon to be a Justice of the U.S. Supreme Court -- explored the limits and sources of law, as well as "the forces which determine its content and growth." This presentation is seen as laying down the gauntlet to legal scholars and judges in what would be known as the emerging "legal realism" movement. Later legal thinkers like Pound, Llewellyn and Douglas followed his lead, and that lead is seen most clearly in this essay. - By the time of this pithy and accessible writing, Holmes had crystallized and clarified that conception of law which he had, in introducing his earlier book, described in the famous statement "the life of the law is not logic: it is experience." Taking that observation to the next level, this essay made it clear that judges make law, not simply finding it in books -- and they must draw on practical effects and ends in declaring legal rules, not simply reasoning from precedent. He does not hedge: it is a "fallacy" to think that "the only force at work in the development of the law is logic." - More controversially, this essay makes a powerful distinction between law and morality. Law is more about what judges do, and how people react to that, than some lofty sense of ethics, he suggests. But is his figure of the "bad man" a hero or a cautionary tale? A realistic way to look at law and social control ... or a precursor to Hitler and Stalin? It's a must-read when considering law, its social meaning, and its ultimate purposes.
Jews are a people of law, and law defines who the Jewish people are and what they believe. This anthology engages with the growing complexity of what it is to be Jewish - and, more problematically, what it means to be at once Jewish and participate in secular legal systems as lawyers, judges, legal thinkers, civil rights advocates, and teachers. The essays in this book trace the history and chart the sociology of the Jewish legal profession over time, revealing new stories and dimensions of this significant aspect of the American Jewish experience and at the same time exploring the impact of Jewish lawyers and law firms on American legal practice. "This superb collection reveals what an older focus on assimilation obscured. Jewish lawyers wanted to 'make it, ' but they also wanted to make law and the legal profession different and better. These fascinating essays show how, despite considerable obstacles, they succeeded." - Daniel R. ErnstProfessor of Law, Georgetown University Law Center Author of Tocqueville's Nightmare: The Administrative State Emerges in America, 1900-1940 "This fascinating collection of essays by distinguished scholars illuminates the distinctive and intricate relationship between Jews and law. Exploring the various roles of Jewish lawyers in the United States, Germany, and Israel, they reveal how the practice of law has variously expressed, reinforced, or muted Jewish identity as lawyers demonstrated their commitments to the public interest, social justice, Jewish tradition, or personal ambition. Any student of law, lawyers, or Jewish values will be engaged by the questions asked and answered." - Jerold S. AuerbachProfessor Emeritus of History, Wellesley College Author of Unequal Justice and Rabbis and Lawyers Additional chapter contributions are by internationally recognized scholars in their fields, including Morton Horwitz, David Berger, Kenneth Ledford, Samuel Levine, Russell Pearce and Adam Winer, Dalia Tsuk Mitchell, Eli Wald, Ann Southworth, Lawrence Mitchell, Jay Michaelson, and Assaf Likhovski.
With obscure terms like 'emphyteusis' and 'jactitation, ' the language of Louisiana's civil law can sometimes be confusing for students and even for seasoned practitioners. But the 'Louisiana Civil Law Dictionary' can help. It defines every word and phrase contained in the index to the Louisiana Civil Code, plus many more - in clear and concise language - and provides current citations to the relevant statutes, code articles, and cases. Whether you are a student, researcher, lawyer, or judge, if you deal with Louisiana and its laws, this volume will prove indispensable. It is also a valuable resource for notaries and paralegals. No doubt common law practitioners in other states, too, will find ready uses for a dictionary that translates civil law terminology into familiar concepts; they will know how 'naked ownership' differs from 'usufruct.' And since the civil law dominates the world's legal systems, this book will find a home with libraries and scholars in many countries, anywhere there is a need to compare civil law terms with those of the common law. "Rome and Kinsella have done a huge service to legal scholarship by assembling the 'Louisiana Civil Law Dictionary' - a splendid resource for those seeking to understand the rich vocabulary of Louisiana law." - Bryan A. Garner, President, LawProse, Inc.; and Editor in Chief, 'Black's Law Dictionary' "For ready reference on the desk or in a personal or law firm library, in the office of a civilian of any walk of practice or intellectual endeavor, this enormously helpful dictionary is a must. This scholarly reference is essential to the study of the civil law tradition; the 'Louisiana Civil Law Dictionary' serves as a gateway to understanding the civil law system embraced by the majority of legal systems in the world." - J. Lanier Yeates, Member, Gordon Arata McCollam Duplantis & Eagan, LLC
"This book is very brave and very well done." - "...this book is lyrical in itself" - "...both personal and universal" - "Best read with the heart." Lee Scheingold's rich, painful personal journey-following the death of her husband, famed political scientist Stuart Scheingold-is described from the points of view which have informed her life: psychoanalysis, clinical social work, Buddhist meditation, and family medicine. Poetry is the connecting thread, beginning with the Russian poems she studied long ago in college, and then to a variety of contemporary American and English verse. This is an emotional and intellectual account of profound grief from a professional psychotherapist who has approached her recent life with continual introspection and self-reflection. She explores the experiences which enabled her to tolerate and even welcome the feelings of grief. She examines, with the issue of meaning at center stage, her psychoanalyses and a ten-year practice of Buddhism. In this journey, her reading of poetry links emotions to ideas. The deeply evocative style of the book resembles poetry itself. "A wonderful balance of psychoanalytic awareness and poetic sensitivity, an open and revealing memoir of the experience of loss and grief. It took me to another level in reading poetry-looking for and cherishing ambiguity and space. This is the story of how poetry (and Buddhism and psychoanalysis) helps one to come to grips with, or perhaps adapt to or even conquer loss. Best read with the heart." - Fred Heidrich, MD, MPH, Clinical Professor of Family Medicine, University of Washington "In One Silken Thread, Scheingold weaves together threads from Buddhism, Psychoanalysis, and Lyric Poetry through the process of her own grief to illuminate the possibility of what she calls 'the heart of the world'-that which runs deep and connects us all at the level of our feelings. She tells us that she doesn't write poetry. But this book is lyrical in itself. It is a courageous self-reflection-simultaneously heart rending and affirming of the meaning and beauty possible from a life of caring deeply." - Ritch Addison, PhD, Clinical Professor, UCSF Department of Family and Community Medicine; Behavioral Medicine Director, Santa Rosa Family Medicine Residency Coeditor, Entering the Circle: Hermeneutic Investigations in Psychology "When the worst happens, what holds us together? Scheingold probes the depths of loss and finds in it a space for art, love, reflection, and the fiercely energetic life of the mind. Following the 'silken thread' of lyric poetry that weaves throughout her personal, professional, and intellectual life, the author's contemplation of death and the healing powers of art is, like poetry itself, both personal and universal." - Barbara Henry, PhD, Associate Professor of Slavic Languages and Literature, and Affiliate, Jewish Studies Program, University of WashingtonAuthor, Rewriting Russia: Jacob Gordin's Yiddish Drama "Lee Scheingold has done something extraordinary, linking the truly academic with the truly personal in a way that is neither forced and pedantic nor nostalgic and cloying... It is, in short, real. It's what an academic does when searching for the light... Somehow, these writings are often too dry, dead, literary, searching for light and staying away from it and its warmth, because both are suspect. The other side is the very personal, about loss, emptiness, hurt, and pain told in a very personal way, but without the distance, separation and understanding that literature and intellect bring to the quest. Scheingold has merged and fully integrated both. This book is very brave and very well done." - Mark Greenside, Professor of English, History, and Political Science, Merritt College (Cal.)Author, I'll Never Be French (no matter what I do) and I Saw a Man H
The name Alabama comes from the Choctaw word meaning "clearers of the thickets," inspiring the title of this fascinating new book. The volume's purpose is to examine Alabama's early history beginning with the era of European colonization and culminating with the state's controversial secession from the Union-after just 41 years as a state (recognizing, of course, that the actual history began long before this emigration, with Native American civilizations). In so doing, the author traces how Alabama emerged from a raw frontier of European settlement into a fully functioning state that provided much-needed order to its new citizens. The book begins by exploring the colonial period during which three European powers-Spain, France, and Great Britain-continually vied for control of what was to become part of Alabama. Each culture, along with the Native American communities that lived throughout most of the region, contributed to the development of the emerging territory and left its enduring stamp. Later chapters examine Alabama's territorial period, the Creek War of 1813-1814, the Constitutional Convention of 1819 and statehood, the first years of state government in Cahaba, removal of the capital to Tuscaloosa, King Cotton and the ignominy of slavery, further relocation of the capital to Montgomery as secession loomed, and social and economic advances during the antebellum period that were interrupted and stunted by the tragedy of secession and war. "Clearing the Thickets is narrative history in the grand old style-a spirited effort to make sense of the ideas, human beings, and events that came together to shape Alabama's first tumultuous decades. ... Anyone interested in antebellum Alabama will be grateful for what Lewis has accomplished." - Paul Pruitt, Jr., B.A., M.L.S., Ph.D. Special Collection Librarian, Bounds Law Library, University of Alabama Author of Taming Alabama: Lawyers and Reformers, 1804-1929 (2010) "Lewis has carefully crafted a thoughtful, deliberate, and well-balanced history of antebellum Alabama. Perhaps not coincidentally, we are now in the decade of Alabama's bicentennial. In days such as these, his book should be on the shelf of anyone interested in Alabama's early history." - James L. Noles, Jr., B.S., J.D.Chairman, Alabama Humanities Foundation
Page 1 opens with this turn: "Filipina domestic worker, employed in Riyadh: 'Really they are good to me. If I say I need rest, they give me rest.' [And if they were not so good to you, if you would have some problem with your employer, where would you go?] 'Madam, I cannot go anywhere, I am not allowed to go outside. I cannot go to the embassy. I will just cry in my room and pray.'" This book explores the conflicts faced by the worker far from home, having signed a contract written in a foreign language, her passport held by her employer, and with limited power to be a witness in court.Domestic Workers in Saudi Arabia and the Emirates is a new socio-legal study of pressing questions of human rights, contractual consent, transnational markets, and social policy: - Which factors influence the emergence and character of conflicts in the Kingdom of Saudi Arabia and the United Arab Emirates between domestic workers and their employers, the social and legal norms to which both parties refer, and the related imbalance of power?- In what way and to what extent do domestic workers and their employers refer to Islamic, customary, contractual, and formal legal norms?- Do conflicts concern disagreement over norms, or disputes regarding behavior contrary to the norms upon which both parties agree?- Which factors influence the norms to which both parties in conflicts refer?- Which party is able to enforce its own norms or to act contrary to norms on which both parties agree, and which factors influence the balance of power?Vlieger explores such questions by using a grounded-theory methodology of extensive field research and revealing interviews with workers, employers, employment agencies, human rights organizations, and governmental officials. This is an insightful look into another world-supported with scholarly research, but accessible and interesting to the general reader, as well as to academics and human rights activists.Part of the new Human Rights and Culture Series from Quid Pro Books.
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