Law Books in Action


Book Description

'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.




Exile and Expatriation in Modern American and Palestinian Writing


Book Description

This book examines the distinction between literary expatriation and exile through a 'contrapuntal reading' of modern Palestinian and American writing. It argues that exile, in the Palestinian case especially, is a political catastrophe; it is banishment by a colonial power. It suggests that, unlike expatriation (a choice of a foreign land over one’s own), exile is a political rather than an artistic concept and is forced rather than voluntary — while exile can be emancipatory, it is always an unwelcome loss. In addition to its historical dimension, exile also entails a different perception of return to expatriation. This book frames expatriates as quintessentially American, particularly intellectuals and artists seeking a space of creativity and social dissidence in the experience of living away from home. At the heart of both literary discourses, however, is a preoccupation with home, belonging, identity, language, mobility and homecoming.




Lumber World Review


Book Description




Reclaiming the Political in Latin American History


Book Description

DIVA collection of essays and case studies on Latin America which suggest new historiographical approaches and political strategies, linking materialist analysis to constructivist understandings of power, meaning, identity, and agency. /div




The Poetics of the Antarctic


Book Description

The thesis of this book is that the 19th-century interest in the Antarctic functions for modern scholars as an important index to American self-discovery and self-definition from the 1830s onward. According to the author, American hopes for confirming identity came to be focused on an unlikely goal, the discovery of the illusive Antarctic continent. By examining in detail one literary product of the U.S. Exploring Expedition (1838-1842) to Antarctica, James Croxall Palmer's epic poem Thulia: A Tale of the Antarctic (1843), and its revision, The Antarctic Mariner's Song (1868), and by locating these works within their cultural context, Lenz reveals the significance and changing meaning of exploration to emerging American concepts of nationhood. The volume also considers the tradition of American sea fiction in the works of such writers as James Fenimore Cooper, Edgar Allan Poe, and Herman Melville, arguing that for these writers the Antarctic was a locus of symbolic meaning while for Palmer it was a process of individual and collective perception. The 1868 version of the Palmer poem is attached here as an appendix. A useful bibliography follows that appendix.




The Young Eagle


Book Description

Drawing on the latest interpretive and methodological advances in historical scholarship, The Young Eagle: The Rise of Abraham Lincoln reexamines the young adult life of America's sixteenth president.




The Fourth Ghost


Book Description

In the 1949 classic Killers of the Dream, Lillian Smith described three racial "ghosts" haunting the mind of the white South: the black woman with whom the white man often had sexual relations, the rejected child from a mixed-race coupling, and the black mammy whom the white southern child first loves but then must reject. In this groundbreaking work, Robert H. Brinkmeyer, Jr., extends Smith's work by adding a fourth "ghost" lurking in the psyche of the white South -- the specter of European Fascism. He explores how southern writers of the 1930s and 1940s responded to Fascism, and most tellingly to the suggestion that the racial politics of Nazi Germany had a special, problematic relevance to the South and its segregated social system. As Brinkmeyer shows, nearly all white southern writers in these decades felt impelled to deal with this specter and with the implications for southern identity of the issues raised by Nazism and Fascism. Their responses varied widely, ranging from repression and denial to the repulsion of self-recognition. With penetrating insight, Brinkmeyer examines the work of writers who contemplated the connection between the authoritarianism and racial politics of Nazi Germany and southern culture. He shows how white southern writers -- both those writing cultural criticism and those writing imaginative literature -- turned to Fascist Europe for images, analogies, and metaphors for representing and understanding the conflict between traditional and modern cultures that they were witnessing in Dixie. Brinkmeyer considers the works of a wide range of authors of varying political stripes: the Nashville Agrarians, W. J. Cash, Lillian Smith, William Alexander Percy, Thomas Wolfe, William Faulkner, Katherine Anne Porter, Carson McCullers, Robert Penn Warren, and Lillian Hellman. He argues persuasively that by engaging in their works the vital contemporary debates about totalitarianism and democracy, these writers reconfigured their understanding not only of the South but also of themselves as southerners, and of the nature and significance of their art. The magnum opus of a distinguished scholar, The Fourth Ghost offers a stunning reassessment of the cultural and political orientation of southern literature by examining a major and heretofore unexplored influence on its development.




Reconstructing the National Bank Controversy


Book Description

The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.




Great Britain, the Dominions and the Transformation of the British Empire, 1907–1931


Book Description

The relations of Great Britain and its Dominions significantly influenced the development of the British Empire in the late 19th and the first third of the 20th century. The mutual attitude to the constitutional issues that Dominion and British leaders have continually discussed at Colonial and Imperial Conferences respectively was one of the main aspects forming the links between the mother country and the autonomous overseas territories. This volume therefore focuses on the key period when the importance of the Dominions not only increased within the Empire itself, but also in the sphere of the international relations, and the Dominions gained the opportunity to influence the forming of the Imperial foreign policy. During the first third of the 20th century, the British Empire gradually transformed into the British Commonwealth of Nations, in which the importance of Dominions excelled. The work is based on the study of unreleased sources from British archives, a large number of published documents and extensive relevant literature.