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The role of religion in early American literature has been endlessly studied; the role of the law has been virtually ignored. Robert A. Ferguson's book seeks to correct this imbalance. With the Revolution, Ferguson demonstrates, the lawyer replaced the clergyman as the dominant intellectual force in the new nation. Lawyers wrote the first important plays, novels, and poems; as gentlemen of letters they controlled many of the journals and literary societies; and their education in the law led to a controlling aesthetic that shaped both the civic and the imaginative literature of the early republic. An awareness of this aesthetic enables us to see works as diverse as Jefferson's Notes on the State of Virginia and Irving's burlesque History of New York as unified texts, products of the legal mind of the time. The Declaration of Independence, the Constitution, and the great political orations were written by lawyers, and so too were the literary works of Trumbull, Tyler, Brackenridge, Charles Brockden Brown, William Cullen Bryant, Richard Henry Dana, Jr., and a dozen other important writers. To recover the original meaning and context of these writings is to gain new understanding of a whole era of American culture. The nexus of law and letters persisted for more than a half-century. Ferguson explores a range of factors that contributed to its gradual dissolution: the yielding of neoclassicism to romanticism; the changing role of the writer; the shift in the lawyer's stance from generalist to specialist and from ideological spokesman to tactician of compromise; the onslaught of Jacksonian democracy and the problems of a country torn by sectional strife. At the same time, he demonstrates continuities with the American Renaissance. And in Abraham Lincoln he sees a memorable late flowering of the earlier tradition.
"The definitive guide to studying law at university, Letters to a Law Student is an indispensable guide for any law student, at any point in their undergraduate degree. It is packed full of practical advice and helpful answers to the most common questions about studying law at university across every stage of taking, or thinking about taking, a law degree."--
"Well, clearly, and articulately written, Living Letters of the Law is among the most important books in medieval European history generally, as well as in its particular field."—Edward Peters, author of The First Crusade
One of the hallmark features of the post–civil rights United States is the reign of colorblindness over national conversations about race and law. But how, precisely, should we understand this notion of colorblindness in the face of enduring racial hierarchy in American society? In Letters of the Law, Sora Y. Han argues that colorblindness is a foundational fantasy of law that not only informs individual and collective ideas of race, but also structures the imaginative capacities of American legal interpretation. Han develops a critique of colorblindness by deconstructing the law's central doctrines on due process, citizenship, equality, punishment and individual liberty, in order to expose how racial slavery and the ongoing struggle for abolition continue to haunt the law's reliance on the fantasy of colorblindness. Letters of the Law provides highly original readings of iconic Supreme Court cases on racial inequality—spanning Japanese internment to affirmative action, policing to prisoner rights, Jim Crow segregation to sexual freedom. Han's analysis provides readers with new perspectives on many urgent social issues of our time, including mass incarceration, educational segregation, state intrusions on privacy, and neoliberal investments in citizenship. But more importantly, Han compels readers to reconsider how the diverse legacies of civil rights reform archived in American law might be rewritten as a heterogeneous practice of black freedom struggle.
As defender of both the righteous and the questionable, Alan Dershowitz has become perhaps the most famous and outspoken attorney in the land. Whether or not they agree with his legal tactics, most people would agree that he possesses a powerful and profound sense of justice. In this meditation on his profession, Dershowitz writes about life, law, and the opportunities that young lawyers have to do good and do well at the same time. We live in an age of growing dissatisfaction with law as a career, which ironically comes at a time of unprecedented wealth for many lawyers. Dershowitz addresses this paradox, as well as the uncomfortable reality of working hard for clients who are often without many redeeming qualities. He writes about the lure of money, fame, and power, as well as about the seduction of success. In the process, he conveys some of the ''tricks of the trade'' that have helped him win cases and become successful at the art and practice of ''lawyering.''
Nineteenth-century Russian literature abounds in negative images of lawyers and the law. The Letters and the Law is the first book to frame the conflict between writers and lawyers as a competition for cultural authority.
This volume presents a selection of 500 letters by Clarence Darrow, the pre-eminent courtroom lawyer of the late nineteenth and early twentieth century. Randall Tietjen selected these letters from over 2,200 letters in archives around the country, as well as from one remarkable findÑthe kind of thing historians dream about: a cache of about 330 letters by Darrow hidden away in the basement of DarrowÕs granddaughterÕs house. This collection provides the first scholarly edition of DarrowÕs letters, expertly annotated and including a large amount of previously unknown material and hard-to-locate letters. Because Darrow was a gifted writer and led a fascinating life, the letters are a delight to read. This volume also presents a major introduction by the editor, along with a chronology of DarrowÕs life, and brief biographical sketches of the important individuals who appear in the letters.