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Marianne Constable has written 6 work(s)
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Cover for 9780804774932 Cover for 9780804774949 Cover for 9780691122786 Cover for 9780691133775 Cover for 9781901362985 Cover for 9780810114388 Cover for 9780810114395 Cover for 9780810114364 Cover for 9780810114371 Cover for 9780226114989
cover image for 9780804774932
Product Description: Words can be misspoken, misheard, misunderstood, or misappropriated; they can be inappropriate, inaccurate, dangerous, or wrong. When speech goes wrong, law often steps in as itself a speech act or series of speech acts. Our Word Is Our Bond offers a nuanced approach to language and its interaction and relations with modern law...read more

Hardcover:

9780804774932 | Stanford Univ Pr, June 18, 2014, cover price $90.00 | About this edition: Words can be misspoken, misheard, misunderstood, or misappropriated; they can be inappropriate, inaccurate, dangerous, or wrong.

Paperback:

9780804774949 | Stanford Univ Pr, June 18, 2014, cover price $27.95 | About this edition: Words can be misspoken, misheard, misunderstood, or misappropriated; they can be inappropriate, inaccurate, dangerous, or wrong.
9780317315622, titled "What Is to Be Done" | Ardis, June 1, 1985, cover price $6.95 | also contains What Is to Be Done
9780317315530, titled "How to Free Yourself from Pain" | Chans Corp, November 1, 1911, cover price $4.95 | also contains How to Free Yourself from Pain

Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.

Hardcover:

9780691122786 | Princeton Univ Pr, November 21, 2005, cover price $46.00 | About this edition: Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences?

Paperback:

9780691133775 | Princeton Univ Pr, October 8, 2007, cover price $36.95 | About this edition: Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences?

Miscellaneous:

9781400826926 | Princeton Univ Pr, September 2, 2008, cover price $27.95

cover image for 9781901362985
Product Description: The essays in this volume are all concerned with the arguments about law as a system of rule-based decision-making, particularly the ideas advanced by legal philosopher Frederick Schauer. Schauer's work has not only helped revive interest in legal formalism, but has also helped relocate arguments about he relationship between posited rules and morality...read more
By Larry J. Alexander (contributor), Brian Bix (contributor), Philip Bobbitt (contributor), Marianne Constable (contributor) and Frederick F. Schauer (editor)

Hardcover:

9781901362985 | Hart Pub, February 1, 1999, cover price $142.00 | About this edition: The essays in this volume are all concerned with the arguments about law as a system of rule-based decision-making, particularly the ideas advanced by legal philosopher Frederick Schauer.

cover image for 9780810114395
Product Description: Perhaps no idea is more emblematic of the field of law and society than crossing boundaries. From the founding of the Law and Society Association in the early 1960s, participating scholars aspired to create a field that crossed boundaries in at least two senses: by undertaking research that questioned and often bridged traditional methodological and disciplinary divisions, and by using nontraditional approaches to explore the interconnections between law and its social context...read more
By Marianne Constable (editor), David M. Engel (editor), Valerie P. Hans (editor), Susan Lawrence (editor) and Austin Sarat (editor)

Hardcover:

9780810114388 | Northwestern Univ Pr, September 1, 1998, cover price $100.00

Paperback:

9780810114395 | Northwestern Univ Pr, September 2, 1998, cover price $33.00 | About this edition: Perhaps no idea is more emblematic of the field of law and society than crossing boundaries.

cover image for 9780810114371
Product Description: Everyday Practices and Trouble Cases, the second volume in the series, asks how law helps to constitute the worlds in which we live everyday, and how law responds to disruptions and disputes that arise in various realms. Leading scholars explore the dichotomy between everyday practices and trouble cases, and the way various kinds of research have addressed that dichotomy, illuminating the pervasive role of law in social life as well as the capacity of law to respond to social conflict...read more
By Marianne Constable (editor), David Engel (editor), Valerie Hans (editor), Susan Lawrence (editor) and Austin Sarat (editor)

Hardcover:

9780810114364 | Northwestern Univ Pr, January 1, 1998, cover price $88.00 | About this edition: Everyday Practices and Trouble Cases asks how law helps to constitute the worlds in which we live every day, and how law responds to disruptions and disputes that arise in various realms.

Paperback:

9780810114371 | Northwestern Univ Pr, January 1, 1998, cover price $39.00 | About this edition: Everyday Practices and Trouble Cases, the second volume in the series, asks how law helps to constitute the worlds in which we live everyday, and how law responds to disruptions and disputes that arise in various realms.

The Law of the Other is an account of the English doctrine of the "mixed jury". Constable's excavation of the historical, rhetorical, and theoretical foundations of modern law recasts our legal and sociological understandings of the American jury and our contemporary conceptions of law, citizenship, and truth.The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.

Hardcover:

9780226114965 | Univ of Chicago Pr, February 14, 1994, cover price $72.00

Paperback:

9780226114989 | Univ of Chicago Pr, January 1, 1994, cover price $31.00 | About this edition: The Law of the Other is an account of the English doctrine of the "mixed jury".

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