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"At the center of the 'war on women' lies the fact that women in the contemporary United States are facing increased surveillance of their reproductive health. In recent years states have passed a record number of laws restricting abortion and reproductive rights. Physicians continue to sterilize some women against their will, especially those in prison; in other cases, women seeking medical interventions to prevent pregnancies encounter resistance from the medical community. While these trends seem to undermine women's decision-making authority, experts and state actors often defend such policies and actions as actually promoting women's autonomy. In Governed through Choice, Jennifer M. Denbow analyzes recent reproductive measures, such as 'informed consent' to abortion laws and the regulation of sterilization, in order to expose how the notion of autonomy allows for such a striking contradiction in how reproductive policies affect women. Yet, Denbow also offers an understanding of autonomy as critique and transformation of oppressive norms. Denbow shows how developments in reproductive technology, which would seem to increase women's options and autonomy, provide increased opportunities for state management of women's bodies. However, she also argues that reproductive technologies can disrupt oppressive norms about reproduction and gender and ultimately enable social transformation. A critically important analysis, Governed through Choice is a trailblazing look at how the law regulates women's bodies as reproductive sites and what can be done about it"--Unedited summary from paperback book cover.
"At the center of the 'war on women' lies the fact that women in the contemporary United States are facing increased surveillance of their reproductive health. In recent years states have passed a record number of laws restricting abortion and reproductive rights. Physicians continue to sterilize some women against their will, especially those in prison; in other cases, women seeking medical interventions to prevent pregnancies encounter resistance from the medical community. While these trends seem to undermine women's decision-making authority, experts and state actors often defend such policies and actions as actually promoting women's autonomy. In Governed through Choice, Jennifer M. Denbow analyzes recent reproductive measures, such as 'informed consent' to abortion laws and the regulation of sterilization, in order to expose how the notion of autonomy allows for such a striking contradiction in how reproductive policies affect women. Yet, Denbow also offers an understanding of autonomy as critique and transformation of oppressive norms. Denbow shows how developments in reproductive technology, which would seem to increase women's options and autonomy, provide increased opportunities for state management of women's bodies. However, she also argues that reproductive technologies can disrupt oppressive norms about reproduction and gender and ultimately enable social transformation. A critically important analysis, Governed through Choice is a trailblazing look at how the law regulates women's bodies as reproductive sites and what can be done about it"--Unedited summary from paperback book cover.
Freedom of choice is at the core of the American story. But what if choice is fake?Americans are fixated on the idea of choice. Our political theory is based on the consent of the governed. Our legal system is built upon the argument that people freely make choices and bear responsibility for them. And what slogan could better express the heart of our consumer culture than "Have it your way"?In this provocative book, Kent Greenfield poses unsettling questions about the choices we make. What if they are more constrained and limited than we like to think? If we have less free will than we realize, what are the implications for us as individuals and for our society? To uncover the answers, Greenfield taps into scholarship on topics ranging from brain science to economics, political theory to sociology. His discoveries—told through an entertaining array of news events, personal anecdotes, crime stories, and legal decisions—confirm that many factors, conscious and unconscious, limit our free will. Worse, by failing to perceive them we leave ourselves open to manipulation. But Greenfield offers useful suggestions to help us become better decision makers as individuals, and to ensure that in our laws and public policy we acknowledge the complexity of choice.
"Today choice is often taken to be a synonym for freedom. In much of the world, but especially in the United States, having both more occasions to make choices and more options to choose from are familiar political, personal, and economic goals. We are urged to consider our preferences and then to select from menus of options covering almost every element of our lives, including what to buy, where to live, whom to love, what profession to practice, and even what to believe. We like to think that when we determine our preferences among them, we are engaged in the business of self-realization. And yet, everybody from marketing gurus to psychologists to philosophers has also been warning us about the many negative consequences stemming from our obsession with individualized choice-making. Not only are we not very good at realizing our personal desires, but we are also overwhelmed with too many possibilities, anxious about what best to pick and seemingly unable to muster the same enthusiasm for collective decision making as we do for choices about ourselves. Further, our relentless focus on the responsibility for making good ones has stigmatized those without many options, mainly the poor. How did this happen? Drawing on sources as varied as novels, questionnaires, and restaurant menus, The Choice is Yours tells the long history of the invention of choice as the modern form of freedom. Sophia Rosenfeld pays particular attention to women and the halting emergence of feminism in order to demonstrate how choice was, from the start, stigmatized and turned into a horizon for liberty. Thus, this is also a story about constraints, from formal laws to social customs, that have always worked to limit choice-who gets to do it, when and how they do so, what the choices are-in ways that are often invisible and yet central to the role that choice plays in the modern world. Rosenfeld begins in the early modern Western world, with the contemporaneous invention of shopping as an activity focused on the selection of goods and of religious freedom, in addition to freedom of expression as a matter of being able to pick one's convictions. Moving into the nineteenth and twentieth centuries, she explores choice in romantic life, choice in politics, and sciences of choice. She takes up the work of contemporary psychologists, economists, and other theorists and offers a new perspective on how to think about choice now-based on a new reading of the past. An epilogue centers on the rise of reproductive choice and its consequences since the 1970s. Ultimately, The Choice is Yours is an argument for the necessity of rethinking the meaning of choice today, including its promise and its limitations, within the contours of modern liberalism"--
From the acclaimed author and scholar James C. Scott, the compelling tale of Asian peoples who until recently have stemmed the vast tide of state-making to live at arm’s length from any organized state society For two thousand years the disparate groups that now reside in Zomia (a mountainous region the size of Europe that consists of portions of seven Asian countries) have fled the projects of the organized state societies that surround them—slavery, conscription, taxes, corvée labor, epidemics, and warfare. This book, essentially an “anarchist history,” is the first-ever examination of the huge literature on state-making whose author evaluates why people would deliberately and reactively remain stateless. Among the strategies employed by the people of Zomia to remain stateless are physical dispersion in rugged terrain; agricultural practices that enhance mobility; pliable ethnic identities; devotion to prophetic, millenarian leaders; and maintenance of a largely oral culture that allows them to reinvent their histories and genealogies as they move between and around states. In accessible language, James Scott, recognized worldwide as an eminent authority in Southeast Asian, peasant, and agrarian studies, tells the story of the peoples of Zomia and their unlikely odyssey in search of self-determination. He redefines our views on Asian politics, history, demographics, and even our fundamental ideas about what constitutes civilization, and challenges us with a radically different approach to history that presents events from the perspective of stateless peoples and redefines state-making as a form of “internal colonialism.” This new perspective requires a radical reevaluation of the civilizational narratives of the lowland states. Scott’s work on Zomia represents a new way to think of area studies that will be applicable to other runaway, fugitive, and marooned communities, be they Gypsies, Cossacks, tribes fleeing slave raiders, Marsh Arabs, or San-Bushmen.
With over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types of marital unions, including plural marriage. While much has been written about same-sex marriage, as of yet there has been no book-length legal treatment of unions among three or more individuals. The first major study on plural marriage and the law, In Defense of Plural Marriage begins to fill this lacuna in the scholarly literature. Ronald C. Den Otter shows how the constitutional arguments that support the option of plural marriage are stronger than those against. Ultimately, he proposes a new semi-contractual marital model that would provide legal recognition for a wide range of intimate relationships.
A cryptodemocracy is cryptographically-secured collective choice infrastructure on which individuals coordinate their voting property rights. Drawing on economic and political theory, a cryptodemocracy is a more fluid and emergent form of collective choice. This book examines these theoretical characteristics before exploring specific applications of a cryptodemocracy in labor bargaining and corporate governance. The analysis of the characteristics of a more emergent and contractual democratic process has implications for a wide range of collective choice.
Introduction -- Basic civil rights -- Missing protections -- Litigation's limits -- Elusive injuries -- Courthouse claims -- Damage awards -- Procreation deprived -- Procreation imposed -- Procreation confounded -- Fraught remedies -- Conclusion.
An innovative look at how families in Ming dynasty China negotiated military and political obligations to the state How did ordinary people in the Ming dynasty (1368–1644) deal with the demands of the state? In The Art of Being Governed, Michael Szonyi explores the myriad ways that families fulfilled their obligations to provide a soldier to the army. The complex strategies they developed to manage their responsibilities suggest a new interpretation of an important period in China’s history as well as a broader theory of politics. Using previously untapped sources, including lineage genealogies and internal family documents, Szonyi examines how soldiers and their families living on China’s southeast coast minimized the costs and maximized the benefits of meeting government demands for manpower. Families that had to provide a soldier for the army set up elaborate rules to ensure their obligation was fulfilled, and to provide incentives for the soldier not to desert his post. People in the system found ways to gain advantages for themselves and their families. For example, naval officers used the military’s protection to engage in the very piracy and smuggling they were supposed to suppress. Szonyi demonstrates through firsthand accounts how subjects of the Ming state operated in a space between defiance and compliance, and how paying attention to this middle ground can help us better understand not only Ming China but also other periods and places. Combining traditional scholarship with innovative fieldwork in the villages where descendants of Ming subjects still live, The Art of Being Governed illustrates the ways that arrangements between communities and the state hundreds of years ago have consequences and relevance for how we look at diverse cultures and societies, even today.
The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces a single choice-of-law regime for tort and other non-contractual obligations. The Regulation has huge implications for international litigation relating to traffic accidents, product liability, environmental damage and infringement of intellectual property rights, for example. This book contains analysis of the Regulation by 15 experts from Europe and North America. It examines the core concepts and assesses the likely impact of the Regulation on claims for tort and unjust enrichment. It is an indispensable guide to the Regulation for legal practitioners, academics and students.