In Defiance of the Law


Book Description

Nearly every law mediates between the desire for individual liberty and the perceived necessity for maintaining social order. Literature is a powerful tool to explore jurisprudential issues and to look critically at the American legal system. This book analyzes works in American literature to consider the tension between the desire for social control - as evidenced by the law - and the effect on individuals - as depicted in art. The concept of 'justice' is considered in each work in which female characters act according to their own code, which is at odds with civil law. As revealed by the examination of Anne Hutchinson and the trials against two American Indian women in Catharine Maria Sedgwick's Hope Leslie, Massachusetts Bay Colony enacted laws on an as-needed basis to thwart political dissension and to subdue the threat of the Pequot Indians. Moreover, federal and state law was used to entrench slavery and to deny African Americans rights enjoyed by other American citizens. The effects of such laws are considered in connection with slave women who violate the law in Harriet Beecher Stowe's Uncle Tom's Cabin, Harriet Jacobs's Incidents in the Life of a Slave Girl, Sherley Anne Williams's Dessa Rose, and Toni Morrison's Beloved. In each context, women acted according to a core sense of beliefs and values, despite man-made rules of law. Their acts of civil disobedience make a powerful statement about the importance of defying unjust laws and remind readers of the social and legal change that has occurred in the past and of the necessity to look critically at current law.




Presidential Defiance of Unconstitutional Laws


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Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution was framed, this book demonstrates that the Founders did not intend to confer on the president a power equivalent to the royal prerogative of suspending the laws, which was stripped from the English Crown in 1689. The author examines each of the nearly 150 instances in which presidents from George Washington to Jimmy Carter have objected to the validity of a law, in order to determine whether or not the president then ignored the law in question. This examination of the historical record reveals that prior to the mid-1970s the White House only rarely failed to honor a law that it believed to be unconstitutional.




Defiance


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The Price of Defiance


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Presents the history of the efforts to integrate the University of Mississippi, describing James Meredith's struggles to become its first African-American student and the conflict between segregationist Governor Ross Barnet and federal law enforcement officials.




Expounding the Constitution


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What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.




Spirits of Defiance


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The American Revolution In The Law


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This study of the political and legal thought of the American Revolution and founding period explores the differences in the perceptions of judicial and jural power that characterized the conditions of law in late 18th century America, as compared to her British counterparts.




A Just Defiance


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Both a riveting courtroom drama and a real-life thriller, A Just Defiance tells the story of four young black South Africans who were arrested for a string of political murders in 1987. In gripping prose, Peter Harris—the white lawyer who defended the men—describes how he came to understand, while constructing the case to save the defendants from the death penalty, the chain of events that led them to undergo training at ANC camps in Angola and return to their homeland to execute some of the apartheid regime's most notorious collaborators. The shocking twists and turns of the high-profile trial kept the public in suspense during the dying days of apartheid. Harris’s account of the trial is intercut with flashbacks to instances of the cold-blooded brilliance and deadly efficiency of the squad's operations. We see Nelson Mandela recently released from Robben Island as he begins negotiations that will eventually lead to the assumption of power by the ANC. We read about bomb-making and assassination attempts by both the ANC and the South African police. A critical and popular success in South Africa, this book is a tale of people driven to extremes by injustice and repression, and of ordinary citizens caught up in extraordinary events. Finally, it is the story of a country’s search for reconciliation, one that captures the moral vertigo of South Africa's violent apartheid years.







The Law Journal


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