front cover of Legal Secrets
Legal Secrets
Equality and Efficiency in the Common Law
Kim Lane Scheppele
University of Chicago Press, 1988
Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her?

Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent.

This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.
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Liberty, Equality, and Justice
Civil Rights, Women’s Rights, and the Regulation of Business, 1865–1932
Ross Evans Paulson
Duke University Press, 1997
Liberty, equality, and justice have long been treasured in American culture as core values. In Liberty, Equality, and Justice, Ross Evans Paulson studies social and intellectual changes in a critical period of American history—from the end of the Civil War to the early days of the Depression—and argues that attempts to achieve civil rights, women’s rights, and the regulation of business faltered because so many Americans ranked liberty for themselves higher than equality with others and justice for all.
Surveying a crucial period in the formation of the modern state and society, Paulson examines the prevailing conflicts of the time and the limitations of various attempts to institute reform, radical change, or ritualistic renewal of American society. His reading of existing scholarship highlights contested social constructs, clashing priorities, changing meanings of key terms, and shifting institutional dynamics in light of their contributions to a complex tragedy in which all parties fell short of the demands for democratic mutuality. Along with discussions of the movements and manipulations of presidential, congressional, and judicial politics, he integrates the experiences of diverse populations—including African Americans, women, Asian immigrants, Native Americans, and working people—and offers a new interpretation of the ways in which social change and political events interact to reframe the many possibilities of American society.
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Liberty, Equality, Fraternity
And Three Brief Essays
James Fitzjames Stephen
University of Chicago Press, 1992
With great energy and clarity, Sir James Fitzjames Stephen (1829-1894), author of History of the Criminal Law of England, and judge of the High Court from 1879-91, challenges John Stuart Mill's On Liberty and On Utilitarianism, arguing that Mill's view of humanity is sentimental and utopian.

"His writing is strong meat—full of the threat of hellfrire, the virtue of government by the lash and a fervent belief that the state cannot remain neutral but has a duty to espouse a moral code."—Roderick Munday, Cambridge Law Journal
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Life in and against the Odds
Debts of Freedom and the Speculative Roots of U.S. Culture
Heidi Hoechst
Temple University Press, 2015

Somehow people continue to imagine a world of justice against the odds of a deck that has been stacked against them. In her urgent and perceptive book, Life in and against the Odds, Hoechst focuses on the particular circumstances and conditions of different phases of speculative expansion in the United States. She traces the roots of the nation-state to nineteenth-century land markets and slave exchanges. Hoechst also chronicles how these racial foundations extend through corporate capitalism from the 1920s and ´30s to the present era of financialized capitalism and the recent housing bubble.

Life in and against the Odds identifies where and how speculative nationalism creates roadblocks to freedom. Hoechst retells the history of the United States with a perspective on how human lives are made, destroyed, reconfigured, and claimed under the systemic violence of a nation that is rooted in the racializing futurity of speculative capitalism.

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Lincoln and Emancipation
Edna Greene Medford
Southern Illinois University Press, 2015

In this succinct study, Edna Greene Medford examines the ideas and events that shaped President Lincoln’s responses to slavery, following the arc of his ideological development from the beginning of the Civil War, when he aimed to pursue a course of noninterference, to his championing of slavery’s destruction before the conflict ended. Throughout, Medford juxtaposes the president’s motivations for advocating freedom with the aspirations of African Americans themselves, restoring African Americans to the center of the story about the struggle for their own liberation.

Lincoln and African Americans, Medford argues, approached emancipation differently, with the president moving slowly and cautiously in order to save the Union while the enslaved and their supporters pressed more urgently for an end to slavery. Despite the differences, an undeclared partnership existed between the president and slaves that led to both preservation of the Union and freedom for those in bondage. Medford chronicles Lincoln’s transition from advocating gradual abolition to campaigning for immediate emancipation for the majority of the enslaved, a change effected by the military and by the efforts of African Americans. The author argues that many players—including the abolitionists and Radical Republicans, War Democrats, and black men and women—participated in the drama through agitation, military support of the Union, and destruction of the institution from within. Medford also addresses differences in the interpretation of freedom: Lincoln and most Americans defined it as the destruction of slavery, but African Americans understood the term to involve equality and full inclusion into American society. An epilogue considers Lincoln’s death, African American efforts to honor him, and the president’s legacy at home and abroad.

Both enslaved and free black people, Medford demonstrates, were fervent participants in the emancipation effort, showing an eagerness to get on with the business of freedom long before the president or the North did. By including African American voices in the emancipation narrative, this insightful volume offers a fresh and welcome perspective on Lincoln’s America.

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Living Standards in Latin American History
Height, Welfare, and Development, 1750–2000
Ricardo D. Salvatore
Harvard University Press, 2010

Latin America’s widespread poverty and multi-dimensioned inequalities have long perplexed and provoked observers. Until recently, economic historians could not contribute much to the discussion of living standards and inequality, because quantitative evidence for earlier eras was lacking. Since the 1990s, historians, economists, and other social scientists have sought to document and analyze the historical roots of Latin America’s relatively high inequality and persistent poverty.

This edited volume with eight compelling chapters by preeminent economists and social scientists brings together some of the most important results of this work: scholarly efforts to measure and explain changes in Latin American living standards as far back as the colonial era. The recent work has focused on physical welfare, often referred to as “biological” well-being. Much of it uses novel measures, such as data on the heights or stature of children and adults (a measure of net nutrition) and the Human Development Index (HDI). Other work brings to the discussion new and more reliable measurements that can be used for comparing countries, often with unexpected and startling results.

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