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book: Looking for Law in All the Wrong Places
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Looking for Law in All the Wrong Places

Justice Beyond and Between
  • Edited by: , and
  • With contributions by: , , , , , , , , , , , , , , , , and
Language: English
Published/Copyright: 2019

About this book

For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints.

Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture.

Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law.

Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain.

Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

Exploring law’s articulation in everything from road signs and billboards to Supreme Court opinions, this volume opens up the possibilities of legal study beyond doctrine and official behavior.

Author / Editor information

Contributor: Marianne Constable Marianne Constable is Professor of Rhetoric at the University of California, Berkeley. She is the author Our Word is Our Bond: How Legal Speech Acts (Stanford), Just Silences: The Limits and Possibilities of Modern Law (Princeton), and The Law of the Other: The Mixed Jury and Changing Conceptions of Citizenship, Law, and Knowledge (Chicago). --- Contributor: Leti Volpp Leti Volpp is Robert D. and Leslie Kay Raven Professor of Law at the University of California, Berkeley. She is also the director of the UC Berkeley Center for Race and Gender. She is the co-editor of Legal Borderlands: Law and American Borders (Johns Hopkins) and writes about immigration law, citizenship theory, feminist theory and critical race studies. --- Contributor: Bryan Wagner Bryan Wagner is Associate Professor of English at the University of California, Berkeley. His books include Disturbing the Peace: Black Culture and the Police Power after Slavery (Harvard), The Tar Baby: A Global History (Princeton), and The Life and Legend of Bras-Coupé: The Fugitive Slave Who Fought the Law, Ruled the Swamp, Danced the Bamboula, Invented Jazz, and Died for Love (LSU). --- Contributor: Kathryn Abrams Kathryn Abrams is the Herma Hill Kay Distinguished Professor of Law at the University of California, Berkeley. Her scholarship focuses on feminist jurisprudence. --- Contributor: Daniel Boyarin Daniel Boyarin is the Hermann P. and Sophia Taubman Professor of Talmudic Culture at the University of California, Berkeley. His books include Imagine No Religion (2016), A Traveling Homeland (2015), and The Jewish Gospels (2013). --- Contributor: Wendy Brown Wendy Brown is Class of 1936 First Professor of Political Science at the University of California, Berkeley, where she is also affiliated with the Program in Critical Theory. Among her many book titles are Regulating Aversion: Tolerance in the Age of Empire and Identity (Princeton University Press, 2006), Walled States, Waning Sovereignty (Zone Books, 2010), Undoing the Demos: Neoliberalism’s Stealth Revolution (Zone Books, 2015), and In the Ruins of Neoliberalism: The Rise of Anti-Democratic Politics in the West (Columbia University Press, 2019). --- Contributor: Marianne Constable Marianne Constable is Professor of Rhetoric at the University of California, Berkeley. She is the author Our Word is Our Bond: How Legal Speech Acts (Stanford), Just Silences: The Limits and Possibilities of Modern Law (Princeton), and The Law of the Other: The Mixed Jury and Changing Conceptions of Citizenship, Law, and Knowledge (Chicago). --- Contributor: Samera Esmeir Samera Esmeir is an associate professor of rhetoric at the University of California, Berkeley. Her first book is Juridical Humanity: A Colonial History (2012). She is working on a book that examines the encounter between revolutions and different legal traditions since the eighteenth century. --- Contributor: Daniel Fisher Daniel Fisher is an associate professor of anthropology at the University of California, Berkeley. He is the author of The Voice and Its Doubles: Music and Media in Northern Australia (2016) and is completing a second book addressed to questions of Indigenous urbanization in northern Australia and the predicaments of displacement and dispersal it entails. --- Contributor: Sara Ludin Sara Ludin is a PhD candidate in the Jurisprudence and Social Policy Program at the University of California, Berkeley. Her dissertation explores the Reformation via dispute resolution in the courts. She argues that courts provided one setting in which various parties were called upon to articulate, in the course of settling mundane disputes, what counted as a “matter of religion.” --- Contributor: Saba Mahmood Saba Mahmood (1962–2018) was a professor of anthropology at the University of California, Berkeley. Her work focused on questions of secularism, religion, gender, and embodiment. Her books include Politics of Piety: the Islamic Revival and the Feminist Subject (2004) and Religious Difference in a Secular Age: A Minority Report (2016). --- Contributor: Rebecca McLennan Rebecca McLennan is an associate professor of history at the University of California, Berkeley. Her research focuses on North America with an emphasis on nineteenth- and twentieth-century U.S. legal, social, and, in more recent years, environmental history. Her current book project, “The Wild Life of Law: The Bering Sea Crisis and the Legal Construction of Nature,” brings environmental, legal, and international history together via a study of the conflict between the U.S., Britain, Canada, Russia, and Japan over the legal status of the Bering Sea and its biota in the late nineteenth century. --- Contributor: Ramona Naddaff Ramona Naddaff is an associate professor of rhetoric at the University of California, Berkeley, director of the Art of Writing at the Townsend Center of the Humanities, and an editor and director of Zone Books. Author of Exiling the Poets (2003), she is currently working on a book provisionally titled “A Writer’s Trials: On the Writing, Editing and Censorship of Madame Bovary.” --- Contributor: Beth Piatote Beth Piatote is an associate professor of Native American studies and affiliated faculty in American studies and the Department of Linguistics at University of California, Berkeley. She is the author of Domestic Subjects: Gender, Citizenship, and Law in Native American Literature (2013). Her current work focuses on the animation of Indigenous law in literature, Indigenous language revitalization, and Nez Perce language and literature. --- Contributor: Sarah Song Sarah Song is a political theorist with a special interest in issues of membership and migration. She teaches in the Jurisprudence and Social Policy Program at UC Berkeley Law School and is the author of Immigration and the Limits of Democracy (2018). --- Contributor: Christopher Tomlins Christopher Tomlins is the Elizabeth Josselyn Boalt Professor of Law at the University of California, Berkeley, and an affiliated research professor of the American Bar Foundation, Chicago. His research concentrates on Anglo-American legal history from the sixteenth to the twentieth centuries. His most recent book is Searching for Contemporary Legal Thought (2017), coedited with Justin Desautels-Stein, and he is currently working on a history of the Turner Rebellion and slavery in antebellum Virginia. --- Contributor: Leti Volpp Leti Volpp is Robert D. and Leslie Kay Raven Professor of Law at the University of California, Berkeley. She is also the director of the UC Berkeley Center for Race and Gender. She is the co-editor of Legal Borderlands: Law and American Borders (Johns Hopkins) and writes about immigration law, citizenship theory, feminist theory and critical race studies. --- Contributor: Bryan Wagner Bryan Wagner is Associate Professor of English at the University of California, Berkeley. His books include Disturbing the Peace: Black Culture and the Police Power after Slavery (Harvard), The Tar Baby: A Global History (Princeton), and The Life and Legend of Bras-Coupé: The Fugitive Slave Who Fought the Law, Ruled the Swamp, Danced the Bamboula, Invented Jazz, and Died for Love (LSU).

Reviews

All of this volume's editors and contributors are associated with the University of California, Berkeley, but they are part of diverse faculties (e.g., law, rhetoric, anthropology). In this interesting collection of essays they examine the interstices of everyday life, places where law leaves only a vague imprint. --- This extraordinary collection is a veritable lost and found of law’s traces. Moving across disciplines, it offers rich and surprising refractions of law’s ephemera: What do we learn about the opacity of governance when we look for justice beyond its expected ‘place’ in the confines of textual or rhetorical jurisprudence? What is revealed when the legal inhabits the sacred, informs the literary, performs geography, polices time, seeps through the agora, regenerates itself within bodies? This indispensable book excavates how seemingly robust juridical processes may teeter in concert with more fragile norms for mobility, status, and human affinity.---Patricia J. Williams, Columbia Law School

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Publishing information
Pages and Images/Illustrations in book
eBook published on:
July 20, 2020
eBook ISBN:
9780823283736
Pages and Images/Illustrations in book
Downloaded on 17.4.2026 from https://www.degruyterbrill.com/document/doi/10.1515/9780823283736/html
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