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.

More than forty years after Brown v. Board of Education put an end to segregation of the races by law, current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty about the meaning of race in American culture and the role of law in guaranteeing racial equality. Race, Law and Culture takes the continuing controversy about race as an invitation to revisit Brown, and Brown as a lens through which to view that controversy. The essays collected here are diverse in their perspectives and lively in their presentation. Taken together they provide a fresh look at Brown as well as the way it is implicated in America's contemporary uncertainties about race.

The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a ‘must read’ that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture & Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law’s representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities & the Arts, Australian National University, Australia

"In a diverse democracy, law must be open to all. All too often, however, our system of justice has failed to live up to our shared ideals, because it excludes individuals and communities even as they seek to use it or find themselves caught up in it. The research presented here offers hope. The abstract doctrines of the law are presented through real cases. Judges, lawyers, scholars, and concerned citizens will find much in these pages documenting the need for reform, along with the means for achieving our aspirations. The issues presented by race, ethnicity, and cultural differences are obviously central to the resolution of disputes in a nation made up of people who have in common only their faith in the great experiment of the United States Constitution. Here the challenges are met in an original, accessible, and thoughtful manner." -Frank H. Wu, Howard University, and author of Yellow: Race in America Beyond Black and White "Kim Barrett and William George have taken on an enormous task, which is matched only by its timeliness. Cultural competence and cultural diversity pass off our lips as eternally valued ideals, but Barrett and George have brought a critical and edifying eye to thee ideas. Racism is similarly easy to acknowledge but difficult to account for in the everyday lives of ordinary people of color. What we discover in this impressive volume is not only that race and culture matter, but how they matter in the minds of people who are clients and the minds of people who attempt to serve them and in the courts of law that attempt to mete out justice. Race, Culture Psychology and the Law is essential reading for anyone with a professional or personal interest in social justice and psychological well-being." -James M. Jones, Ph.D., Director, Minority Fellowship Program, American Psychological Association "This is an extraordinary and daring compilation of cutting edge commentaries that should prove invaluable to students, scholars, and practitioners working in social work, clinical and forensic psychology, juvenile justice, immigration adjustment, Native American advocacy, and child and adult abuse. It is a quality text that tackles key topics bridged by psychology and the law with clarity, succinctness, complexity, and evenhandedness." -William E. Cross, Jr., Ph.D., Graduate Center, City University of New York American ethnic and racial minority groups, immigrants, and refugees to this country are disparately impacted by the justice system of the United States. Issues such as racial profiling, disproportionate incarceration, deportation, and capital punishment all exemplify situations in which the legal system must attend to matters of race and culture in a competent and humane fashion. Race, Culture, Psychology, and Law is the only book to provide summaries and analyses of culturally competent psychological and social services encountered within the U.S. legal arena. The book is broad in scope and covers the knowledge and practice crucial in providing comprehensive services to ethnic, racial, and cultural minorities. Topics include the importance of race relations, psychological testing and evaluation, racial "profiling," disparities in death penalty conviction, immigration and domestic violence, asylum seekers, deportations and civil rights, juvenile justice, cross-cultural lawyering, and cultural competency in the administration of justice. Race, Culture, Psychology, and Law offers a compendium of knowledge, historical background, case examples, guidelines, and practice standards pertinent to professionals in the fields of psychology and law to help them recognize the importance of racial and cultural contexts of their clients. Editors Kimberly Holt Barrett and William H. George have drawn together contributing authors from a variety of academic disciplines including law, psychology, sociology, social work, and family studies. These contributors illustrate the delivery of psychological, legal, and social services to individuals and families-from racial minority, ethnic minority, immigrant, and refugee groups-who are involved in legal proceedings. Race, Culture, Psychology, and Law is a unique and timely text for undergraduate and graduate students studying psychology and law. The book is also a vital resource for a variety of professionals such as clinical psychologists, forensic psychologists, psychiatrists, counselors, social workers, and attorneys dealing with new immigrants and people from various ethnic communities.

First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Ever since the first contacts between Europe and Africa, African people have been confined to the fringes of Eurocentric experience in the Western mind. Much of what we have studied in African history and culture, or literature and linguistics, or politics and economics, has been orchestrated from the standpoint of Europe's interests. Whether it is a matter of economics, history, politics, geographical concepts, or art, Africans have been seen as peripheral. This volume reviews the past in order to evaluate the present and move ahead with appropriate policies for the future. The authors focus on issues of affirmative action, legal culture, theories of black culture, and methodologies of scholarly work in Africana studies.Contents include: Cecil Blake, ""The Culture Nexus Construct in Africana Studies,"" Ronald Turner, ""On Palatable, Palliative, and Paralytic Affirmative Action, Grutter-Style,"" Winston A. Van Horne, ""Three Concepts of Legitimacy,"" Robert E. Weems, Jr., ""Africana Studies and the Quest for Black Economic Empowerment: What Can be Done,"" Ula Y. Taylor, ""Elijah Muhammad's Nation of Islam: Separatism, Regendering, and a Secular Approach to Black Power after Malcolm X,"" Lewis R. Gordon, ""Must Revolutionaries Sing the Blues? Thinking through Fanon and the Leitmotif of the Black Arts Movement,"" Delores P. Aldridge, ""Race, Gender, and Africana Theorizing,"" and James L. Conyers, ""Biography and Africology: Method and Interpretation."" The volume concludes with reviews of significant recent scholarship on black history and culture.Law, Culture, and Africana Studies will have particular interest for scholars in the fields of American and European studies, cultural studies, history, sociology, and specialists in African-American studies.

Evocative and stimulating, engaging and timely, this small volume makes sense of the complicated and reciprocal relationship between law and culture. It starts with various definitions of law and the factors that anthropologists consider when they compare legal systems. Next, the experiences of exemplary researchers throughout history and some of the methods they used in their discoveries are discussed. Readers learn how to employ the comparative method and build a typology based on the source of a particular law by putting the world’s legal system into one of three categories: Western law, religious law, and traditional law. The book also tackles important issues such as formal law versus informal law, using law to legitimize power, and clashing values within a single legal system. Examples from fieldwork experiences and historical events offer readers a chance to see how a method has been applied or a concept developed—as well as how law and culture are intertwined in the real world.

What happens to legal thought when key terms-society, culture, power, justice, identity-become unsettled? With the boundaries defining sociolegal scholarship undergoing a profound shift, this book explores the intersections of law, culture, and identity. Sexuality, race, sports, and the politics of policing are among the topics the authors take up as they examine how law both reproduces and challenges fundamental notions of order, discipline, and identity. Contributors: Rosemary J. Coombe, U of Toronto; David M. Engel, SUNY, Buffalo; Marjorie Garber, Harvard U; Herman Gray, UC, Santa Cruz; Rona Tamiko Halualani, San José State U; David Harvey, CUNY; Deb Henderson; Yuen J. Huo, UCLA; S. Lily Mendoza, U of Denver; Trish Oberweis, American Justice Institute; Paul A. Passavant, Hobart and William Smith Colleges; Lisa E. Sanchez, U of Illinois; Carl F. Stychin, U of Reading; Tom R. Tyler, New York U; Christine A. Yalda.