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Liquid Legal: Transforming Legal into a Business Savvy, Information Enabled and Performance Driven Industry (Management for Professionals)
by Kai Jacob Dierk Schindler Roger StrathausenThis book compels the legal profession to question its current identity and to aspire to become a strategic partner for corporate executives, clients and stakeholders, transforming legal into a function that creates incremental value. It provides a uniquely broad range of forward-looking perspectives from several different key-players in the legal industry: in-house legal, law firms, LPO’s, legal tech, HR, associations and academia. This publication is a platform for leading legal professionals that offers a new perspective on the accelerating transformation in legal. Combining expert contributions with editorial insights, it argues that the new legal function will shift from a paradigm of security to one of opportunity; that future corporate lawyers will no longer primarily be negotiators, litigators and administrators, but that instead they will be coaches, arbiters and intrapreneurs; that legal knowledge and data-based services will become a commodity; and that analytics and measurement will be key drivers of the future of the profession. A must-read for all legal professionals, this book sets the course for revitalizing the profession.
Liquid Legal: Towards a Common Legal Platform (Law for Professionals)
by Roger Strathausen Kai Jacob Dierk SchindlerThree years ago, the first Liquid Legal book compelled the legal profession to reassess its identity and to aspire to become a strategic partner for corporate executives as well as for clients. It also led to the foundation of the Liquid Legal Institute (LLI) – an association that sparks innovation and drives collaboration in the legal industry. This second Liquid Legal book builds on the LLI’s progress and on the lessons learned by a legal community that has moved beyond focusing purely on LegalTech. It not only presents an outlook on how legal professionals will operate in the future, but also allows readers to develop a genuine understanding of the value of digitalization, standardization and new methodologies. Further, the book outlines a Common Legal Platform (CLP) and makes it the common point of departure for every author, offering inspiring insights from a wide range of forward-thinking experts who are all invested in driving new thinking within the legal ecosystem. The book also features “Liquid Legal Waves,” which provide links between the various articles, connecting concrete ideas, practical solutions and specific topics and putting them into perspective, and so creating a true network of ideas for readers. A must read, this book is vibrant proof of the power of sharing, collaboration and coopetition, helping the legal profession to shape its digital future and revitalize its relevance while retaining a focus on the human lawyer.
Liquid Legal – Humanization and the Law (Law for Professionals)
by Kai Jacob Dierk Schindler Roger Strathausen Bernhard Waltl“Humanization and the Law” combines two current and complementary trends in the business-to-business (B2B) market of the legal industry: digitalization and humanization. On the one hand, digital transformation in corporate legal departments and law firms continues to advance. Contract management, e-discovery, due diligence, legal operations, and forensic data analysis are just a few examples of task areas where the use of intelligent software solutions minimizes legal risks and increases compliance, enables efficiency gains and cost reductions through automation, and allows faster and more agile responses to changing market demands and client expectations. On the other hand, the increasing number of failed digitalization projects shows that technology alone is not enough to successfully transform legal departments and law firms. Software solutions must be integrated into existing work processes, be easy to use, and provide real benefits in order to be accepted by employees. People and their ability to make decisions and lead others remain the focus in an increasingly digitalized legal industry. More than 20 authors provide insights into why human aspects matter for business, what organizations can do to increase the mental well-being and motivation of their employees, and how to prevail in the upcoming war for talent in the legal industry. “The legal industry has been largely dismissive of “soft skills” and “humanizing law.” One of the paradoxes of our time is that the ascendency of automation, artificial intelligence, blockchain, Big Data, and other technological platforms has elevated, not diminished, the importance of humanity. It is not only what distinguishes us from machines but it also enables us to apply our humanity to machines. The legal function will play an important role in this process but must first take a hard look at itself.” (Mark A. Cohen, in “Foreword”)
Liquidated Damages and Penalty Clauses
by Roger HalsonThis, the only book in print to focus on liquidated damages and penalty clauses, analyses the common law jurisdiction to control stipulated damages clauses, and the distinction between enforceable liquidated damages clauses and unenforceable penalty clauses. The first part examines the historical origin of the control of these clauses, the second describes the current control of such clauses and their legal effect, the third critically examines the various rationales that have been proposed to justify their regulation and the final part describes analogous provisions and how to avoid drafting contractual clauses that are rendered unenforceable by the penalty rule. The book examines approaches in several common law jurisdictions in addition to England and Wales, including the United States, Australia, New Zealand, and Canada, and brings together principles developed in distinct commercial law contexts (such as shipping contracts) to enable comparison between particular contractual settings. Cited in the Court of Appeal, New Zealand, in 127 Hobson Street Ltd v Honey Bees Preschool Ltd [2019] NZCA 122 [18 April 2019]
Liquidated Damages and Penalty Clauses
by Roger HalsonThis, the only book in print to focus on liquidated damages and penalty clauses, analyses the common law jurisdiction to control stipulated damages clauses, and the distinction between enforceable liquidated damages clauses and unenforceable penalty clauses. The first part examines the historical origin of the control of these clauses, the second describes the current control of such clauses and their legal effect, the third critically examines the various rationales that have been proposed to justify their regulation and the final part describes analogous provisions and how to avoid drafting contractual clauses that are rendered unenforceable by the penalty rule. The book examines approaches in several common law jurisdictions in addition to England and Wales, including the United States, Australia, New Zealand, and Canada, and brings together principles developed in distinct commercial law contexts (such as shipping contracts) to enable comparison between particular contractual settings. Cited in the Court of Appeal, New Zealand, in 127 Hobson Street Ltd v Honey Bees Preschool Ltd [2019] NZCA 122 [18 April 2019]
The Lisbon Treaty: EU Constitutionalism without a Constitutional Treaty? (Schriftenreihe der Österreichischen Gesellschaft für Europaforschung (ECSA Austria) European Community Studies Association of Austria Publication Series #11)
by Stefan Griller Jacques ZillerImmediately after the rejection of the Constitutional Treaty in France and in the Netherlands, I was tempted not to comply with a contract according to which I was expected to write on the Eu- pean Constitution within a very close deadline. “What is the sense of it now?” I tried to argue. “I cannot be obliged by a contract wi- out an object”. I was wrong at that time and we would be equally wrong now, should we read the Irish vote on the Lisbon Treaty and the Lisbon Treaty itself as the dead end for European constitutionalism. Let us never forget that the text rejected in May 2005 was not the founding act of such constitutionalism. To the contrary, it was nothing more than a remarkable passage in a long history of constitutional dev- opments that have been occurring since the early years of the Eu- pean Community. All of us know that the Court of Justice spoke of a European constitutional order already in 1964, when the primacy of Community law was asserted in the areas conferred from the States to the European jurisdiction. We also know that in the pre- ous year the Court had read in the Treaty the justiciable right of any European citizen to challenge her own national State for omitted or distorted compliance with European rules.
The Lisbon Treaty and Social Europe
by Niklas Bruun Klaus Lörcher Isabelle SchömannOn 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.
The Lisbon Treaty and Social Europe
by Niklas Bruun Klaus Lörcher Isabelle SchömannOn 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.
The List: El Dia Que Mi Vida Cambio (Mira Ink Ser.)
by Siobhan VivianIt happens every September– the list is posted all over school. Two girls are picked from each year. One is named the prettiest, one the ugliest.
Listen Up! Speak Up!: The Third Book of Speaking Up - A Plain Text Guide to Advocacy (PDF)
by John Tufail Kate Lyon'I think all self-advocates should have a copy of this book to bring along to meetings to help them get more out of them.' - The Frontline of Learning Disability 'The Four Books in this series; 'Introducing Advocacy', 'Rules and Standards', 'Listen Up!' and 'Advocacy in Action' are comprehensive, informative and quite simply a very good introduction for someone new to the world of advocacy.' - Practice Links in Social Work Advocacy for people with disabilities is widely practised, but what about self-advocacy? How often do parents or carers speak 'for' you and prevent you being heard? Do you know your rights within advocacy law? The four books in the Speaking Up set were conceived and written specifically to promote self-advocacy to disabled individuals who want to learn how to speak up for themselves. This third book in the series uses examples of advocacy to explore how to be a good advocate, emphasising the importance of listening to and working with an advocacy partner and explaining how to prepare for and behave in meetings. All four books are illustrated throughout with colour drawings and case studies showing the positive results of self-advocacy on the individuals themselves, as well as on their families and carers. This empowering training package encourages an equal partnership between the advocate and the user where the shared goal is to develop the life skills of the individual with learning difficulties. It is accessible to people with a wide range of literacy needs, including those with high learning needs and is designed for use in formal and informal learning situations, either unsupported or with a facilitator present.
Listening as Work in Primary Care
by Simon CocksedgeThis book encourages health professionals in primary care to reflect on listening in their work with patients — the choices they make, the relationships which emerge and the limits that they put in place. It is useful for trainee doctors and to established general practitioners.
Listening as Work in Primary Care
by Simon CocksedgeThis book encourages health professionals in primary care to reflect on listening in their work with patients — the choices they make, the relationships which emerge and the limits that they put in place. It is useful for trainee doctors and to established general practitioners.
Listening to the Spirit: The Radical Social Gospel, Sacred Value, and Broad-based Community Organizing (AAR Academy Series)
by Aaron StaufferBroad-based community organizing (BBCO) is perhaps the most widely used form of political participation supported by American religious institutions today. As organizing groups become more religiously diverse, however, so do the conceptions of sacred value that ground organizing in the first place. In today's political climate what we hold most dear, those sacred values such as human life, a land, or a natural resource may seem to only further entrench us in our enclaves and threaten the solidarity of any constituency. This book tells a different story. People organize to protect and fight for what they hold most dear. Using auto-ethnography from over a decade of interfaith BBCO experiences, Listening to the Spirit makes a case for the political role of sacred values in BBCO, especially as they show up in two organizing practices: the ?listening campaign? and the ?relational meeting.? Aaron Stauffer argues that by centering sacred values in democratic politics, these organizing practices can be seen as religious practices, and that BBCO can build deeper solidarity through sacred values and relational power. Stauffer offers a social ethical, social practical account of religion and grounds democracy in our diverse religious values. Listening to the Spirit is a work of Christian social ethics in the tradition of the radical social gospel and draws on discussions of racial capitalism, radical democracy, feminist theory, and philosophical theology. By exploring the political role of sacred values in BBCO, the role of religion in organizing becomes clearer and a new political and ecclesiological terrain opens for Christians to understand these practices in ways Christians have traditionally understood through the Holy Spirit.
Listening to the Spirit: The Radical Social Gospel, Sacred Value, and Broad-based Community Organizing (AAR Academy Series)
by Aaron StaufferBroad-based community organizing (BBCO) is perhaps the most widely used form of political participation supported by American religious institutions today. As organizing groups become more religiously diverse, however, so do the conceptions of sacred value that ground organizing in the first place. In today's political climate what we hold most dear, those sacred values such as human life, a land, or a natural resource may seem to only further entrench us in our enclaves and threaten the solidarity of any constituency. This book tells a different story. People organize to protect and fight for what they hold most dear. Using auto-ethnography from over a decade of interfaith BBCO experiences, Listening to the Spirit makes a case for the political role of sacred values in BBCO, especially as they show up in two organizing practices: the ?listening campaign? and the ?relational meeting.? Aaron Stauffer argues that by centering sacred values in democratic politics, these organizing practices can be seen as religious practices, and that BBCO can build deeper solidarity through sacred values and relational power. Stauffer offers a social ethical, social practical account of religion and grounds democracy in our diverse religious values. Listening to the Spirit is a work of Christian social ethics in the tradition of the radical social gospel and draws on discussions of racial capitalism, radical democracy, feminist theory, and philosophical theology. By exploring the political role of sacred values in BBCO, the role of religion in organizing becomes clearer and a new political and ecclesiological terrain opens for Christians to understand these practices in ways Christians have traditionally understood through the Holy Spirit.
The "Lit de Justice" of the Kings of France: Constitutional Ideology in Legend, Ritual, and Discourse
by Sarah HanleyIn this study of the Lit de Justice assembly, Sarah Hanley draws on history, legend, ritual, and discourse to show how constitutional ideologies were propagated in the Grand-chambre of the Parlement of Paris during the sixteenth and seventeenth centuries.Originally published in 1983.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The Literary and Legal Genealogy of Native American Dispossession: The Marshall Trilogy Cases (Indigenous Peoples and the Law)
by George D PappasThe Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.
The Literary and Legal Genealogy of Native American Dispossession: The Marshall Trilogy Cases (Indigenous Peoples and the Law)
by George D PappasThe Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.
Literary Characters in Intellectual Property Law
by Jani McCutcheonThis ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law. Using interesting examples, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of appropriators, authors, consumers and owners. The author challenges and corrects fundamental assumptions and misconceptions about intellectual property rights claims to literary characters, questioning some important foundations that underscore commercial, cultural, legal and social engagement with literary characters. With critical analysis of issues such as copyright, the moral right of integrity, registered and unregistered trademarks, and exceptions to infringement, as well as references to literary theory, the book also has interdisciplinary appeal across the social sciences.Providing an excellent addition to the literature regarding cultural studies and the law, this book will be of practical use for academics, students, lawmakers, legal practitioners, and professionals with an interest in literary character appropriation. It will also be a thought-provoking resource for students both in intellectual property law, and any of the social sciences engaging with literature and the arts.<P.
Literary Criticisms of Law
by Guyora Binder Robert WeisbergIn this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move audiences with artful rhetoric, and invent new legal forms and concepts. Binder and Weisberg explain the literary theories and methods increasingly applied to law, and they introduce and synthesize the work of over a hundred authors in the fields of law, literature, philosophy, and cultural studies. Drawing on these disparate bodies of scholarship, Binder and Weisberg analyze law as interpretation, narration, rhetoric, language, and culture, placing each of these approaches within the history of literary and legal thought. They sort the styles of analysis most likely to sharpen critical understanding from those that risk self-indulgent sentimentalism or sterile skepticism, and they endorse a broadly synthetic cultural criticism that views law as an arena for composing and contesting identity, status, and character. Such a cultural criticism would evaluate law not simply as a device for realizing rights and interests but also as the framework for a vibrant cultural life.
Literary Criticisms of Law
by Guyora Binder Robert WeisbergIn this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move audiences with artful rhetoric, and invent new legal forms and concepts. Binder and Weisberg explain the literary theories and methods increasingly applied to law, and they introduce and synthesize the work of over a hundred authors in the fields of law, literature, philosophy, and cultural studies. Drawing on these disparate bodies of scholarship, Binder and Weisberg analyze law as interpretation, narration, rhetoric, language, and culture, placing each of these approaches within the history of literary and legal thought. They sort the styles of analysis most likely to sharpen critical understanding from those that risk self-indulgent sentimentalism or sterile skepticism, and they endorse a broadly synthetic cultural criticism that views law as an arena for composing and contesting identity, status, and character. Such a cultural criticism would evaluate law not simply as a device for realizing rights and interests but also as the framework for a vibrant cultural life.
The Literary Exception and the Rule of Law (Law and Politics)
by Johan Van Der WaltAddressing the influential analysis of law and literature, this book offers a new perspective on their relationship. The law and literature movement that has gained global prominence in the course of last decades of the twentieth and the first decades of the twenty-first centuries has provided the research and teaching of law with a considerable body of new and valuable knowledge and understanding. Most of the knowledge and insights generated by the movement concern either a thematic overlap between legal and literary discourses – suggesting they deal with the same moral concerns – or a rhetorical, semiotic or general linguistic comparability or ‘sameness’ between them – imputing to both the same or very similar narrative structures. The Literary Exception and the Rule of Law recognises the wealth of knowledge generated by this approach to the relationship between law and literature, and acknowledges its debt to this genre of scholarship. It nevertheless also proposes, on the basis of a number of revealing phenomenological inquiries, a different approach to law and literary studies: one that emphasises the irreducible difference between law and literature. It does so with the firm believe that a regard for the very different and indeed opposite discursive trajectories of legal and literary language allows for a more profound understanding of the unique and indeed separate roles that the discourses of law and literature generally play in the sustenance of relatively stable legal cultures. This important rethinking of the relationship between law and literature will appeal to scholars and students of legal theory, jurisprudence, philosophy, politics and literary theory.
The Literary Exception and the Rule of Law (Law and Politics)
by Johan Van Der WaltAddressing the influential analysis of law and literature, this book offers a new perspective on their relationship. The law and literature movement that has gained global prominence in the course of last decades of the twentieth and the first decades of the twenty-first centuries has provided the research and teaching of law with a considerable body of new and valuable knowledge and understanding. Most of the knowledge and insights generated by the movement concern either a thematic overlap between legal and literary discourses – suggesting they deal with the same moral concerns – or a rhetorical, semiotic or general linguistic comparability or ‘sameness’ between them – imputing to both the same or very similar narrative structures. The Literary Exception and the Rule of Law recognises the wealth of knowledge generated by this approach to the relationship between law and literature, and acknowledges its debt to this genre of scholarship. It nevertheless also proposes, on the basis of a number of revealing phenomenological inquiries, a different approach to law and literary studies: one that emphasises the irreducible difference between law and literature. It does so with the firm believe that a regard for the very different and indeed opposite discursive trajectories of legal and literary language allows for a more profound understanding of the unique and indeed separate roles that the discourses of law and literature generally play in the sustenance of relatively stable legal cultures. This important rethinking of the relationship between law and literature will appeal to scholars and students of legal theory, jurisprudence, philosophy, politics and literary theory.
Literary Executions: Capital Punishment and American Culture, 1820–1925
by John Cyril BartonDrawing from legal and extralegal discourse but focusing on imaginative literature, Literary Executions examines representations of, responses to, and arguments for and against the death penalty in the United States over the long nineteenth century. John Cyril Barton creates a generative dialogue between artistic relics and legal history. He looks to novels, short stories, poems, and creative nonfiction as well as legislative reports, trial transcripts, legal documents, newspaper and journal articles, treatises, and popular books (like The Record of Crimes, A Defence of Capital Punishment, and The Gallows, the Prison, and the Poor House), all of which were part of the debate over the death penalty.Barton focuses on several canonical figures—James Fenimore Cooper, Nathaniel Hawthorne, Lydia Maria Child, Walt Whitman, Herman Melville, and Theodore Dreiser—and offers new readings of their work in light of the death penalty controversy. Barton also gives close attention to a host of then-popular-but-now-forgotten writers—particularly John Neal, Slidell MacKenzie, William Gilmore Simms, Sylvester Judd, and George Lippard—whose work helped shape or was shaped by the influential anti-gallows movement. Analyzing the tension between sovereignty and social responsibility in a democratic republic, Barton argues that the high stakes of capital punishment dramatize the confrontation between the citizen-subject and sovereign authority in its starkest terms. In bringing together the social and the aesthetic, Barton shows how legal forms informed literary forms and traces the emergence of the modern State in terms of the administration of lawful death.By engaging the politics and poetics of capital punishment, Literary Executions contends that the movement to abolish the death penalty in the United States should be seen as an important part of the context that brought about the flowering of the American Renaissance during the antebellum period and that influenced literature later in the nineteenth and early twentieth centuries.
Literary Executions: Capital Punishment and American Culture, 1820–1925
by John Cyril BartonDrawing from legal and extralegal discourse but focusing on imaginative literature, Literary Executions examines representations of, responses to, and arguments for and against the death penalty in the United States over the long nineteenth century. John Cyril Barton creates a generative dialogue between artistic relics and legal history. He looks to novels, short stories, poems, and creative nonfiction as well as legislative reports, trial transcripts, legal documents, newspaper and journal articles, treatises, and popular books (like The Record of Crimes, A Defence of Capital Punishment, and The Gallows, the Prison, and the Poor House), all of which were part of the debate over the death penalty.Barton focuses on several canonical figures�James Fenimore Cooper, Nathaniel Hawthorne, Lydia Maria Child, Walt Whitman, Herman Melville, and Theodore Dreiser�and offers new readings of their work in light of the death penalty controversy. Barton also gives close attention to a host of then-popular-but-now-forgotten writers�particularly John Neal, Slidell MacKenzie, William Gilmore Simms, Sylvester Judd, and George Lippard�whose work helped shape or was shaped by the influential anti-gallows movement. Analyzing the tension between sovereignty and social responsibility in a democratic republic, Barton argues that the high stakes of capital punishment dramatize the confrontation between the citizen-subject and sovereign authority in its starkest terms. In bringing together the social and the aesthetic, Barton shows how legal forms informed literary forms and traces the emergence of the modern State in terms of the administration of lawful death.By engaging the politics and poetics of capital punishment, Literary Executions contends that the movement to abolish the death penalty in the United States should be seen as an important part of the context that brought about the flowering of the American Renaissance during the antebellum period and that influenced literature later in the nineteenth and early twentieth centuries.
Literary Studies and Human Flourishing (The Humanities and Human Flourishing)
by James F. English and Heather LoveThe Humanities and Human Flourishing series publishes edited volumes that explore the role of human flourishing in the central disciplines of the humanities, and whether and how the humanities can increase human happiness. The contributors to this volume of essays investigate the question: what do literary scholars contribute to social scientific research on human happiness and flourishing? Of all humanities disciplines, none is more resistant to the program of positive psychology or the prevailing discourse of human flourishing than literary studies. The approach taken in this volume of essays is neither to gloss over that antagonism nor to launch a series of blasts against positive psychology and the happiness industry. Rather, the contributors reflect on how their literary research--work to which they are personally committed--might become part of an interdisciplinary conversation about human flourishing. The contributors' areas of research are wide ranging, covering literary aesthetics, book history, digital humanities, and reader reception, as well as the important "inter-disciplines" of gender and sexuality studies, disability studies, and black studies-fields in which issues of stigma and exclusion are paramount, and which have critiqued the discourse of human flourishing for its failure to grapple with structural inequality and human difference. Literary scholars are drawn more readily to the problematic than to the decidable, but by dwelling on the trouble spots in a field of inquiry still largely confined to the sciences, Literary Studies and Human Flourishing provides the groundwork for new and more productive forms of interdisciplinary collaboration and exchange.