WorldCat Identities

Kearns, Thomas R.

Overview
Works: 23 works in 202 publications in 1 language and 20,455 library holdings
Genres: History  Popular works  Book reviews 
Roles: Editor, Author, Other
Publication Timeline
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Most widely held works by Thomas R Kearns
Human rights : concepts, contests, contingencies by Austin Sarat( )

24 editions published between 2001 and 2009 in English and held by 2,070 WorldCat member libraries worldwide

"Human Rights: Concepts, Contests, Contingencies brings together essays that attend to both the allure and criticism of human rights. They examine contestation and contingency in today's human rights politics and help us rethink some of the basic concepts of human rights." "In exploring a crucial and timely topic, this additional volume in the Amherst Series in Law, Jurisprudence, and Social Thought will enlighten the reader to the social and intellectual currents surrounding human rights."--Jacket
Identities, politics, and rights by Austin Sarat( )

21 editions published between 1995 and 2010 in English and held by 2,060 WorldCat member libraries worldwide

Recognizing that political disputes throughout the world have increasingly been cast as arguments about rights, the essays in this volume examine the varied roles that rights play in political movements and contests. They argue that rights talk is used by many different groups primarily because of its fluidity. Certainly rights can empower individuals and protect them from their societies, but they also constrain them in other areas. Frequently, empowerment for one group means disabling rights for another group. Moreover, focusing on rights can both liberate and limit the imagination of the possible. By alerting us to this paradox of rights - empowerment and limitation - Identities, Politics, and Rights illuminates the ongoing challenges to rights and reminds us that rights can both energize political engagement and provide a resource for defenders of the status quo
Law's violence by Austin Sarat( )

14 editions published between 1992 and 2009 in English and Undetermined and held by 2,057 WorldCat member libraries worldwide

The relationship between law and violence is made familiar to us in vivid pictures of police beating suspects, in the large and growing prison population, and in the tenacious attachment to capital punishment in the United States. Yet the general link between law and violence and the ways that law manages to impose pain and death while remaining aloof and unstained are an unexplored mystery. Each essay in this volume considers the question of how violence done by and in the name of the law differs from illegal or extralegal violence or, indeed, if they differ at all. Each author draws on a distinctive disciplinary tradition - literature, history, anthropology, philosophy, political science, or law - yet each reminds us that law, constituted in response to the metaphorical violence of the state of nature, is itself a doer of literal violence
History, memory, and the law( )

17 editions published between 1999 and 2009 in English and held by 1,992 WorldCat member libraries worldwide

The essays in this book examine law as an active participant in the process through which history is written and memory is constructed. Instead of seeing law as a "victim" of history, the writers treat law as an author of history, not just in the instrumental sense in which law can be said to make a difference in society, but in the ways that law constructs and uses history. Law looks to the past as it speaks to present needs. In the production of judicial opinions--supposedly definitive statements of what the law is--judges reconstruct law's past, tracing out lines of legal precedent that arguably "compel" their decisions. These essays consider how law treats history, how history appears in legal decisions, and how the authority of history is used to authorize legal decisions. Furthermore, law plays a role in the construction of memory. The writers here ask how law remembers and records the past as well as how it helps us to remember our past. Law in the modern era is one of the most important of our society's technologies for preserving memory. In helping to construct our memory in certain ways law participates in the writing of our collective history. It plays a crucial role in knitting together our past, present, and future. The essays in this volume present grounded examinations of particular problems, places, and practices and address the ways in which memory works in and through law, the sites of remembrance that law provides, the battles against forgetting that are fought in and around those sites, and the resultant role law plays in constructing history. The writers also inquire about the way history is mobilized in legal decision making, the rhetorical techniques for marshalling and for overcoming precedent, and the different histories that are written in and through the legal process. The contributors are Joan Dayan, Soshana Felman, Dominic La Capra, Reva Siegel, Brook Thomas, and G. Edward White. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Professor of Law, Jurisprudence, and Social Thought, Amherst College. He is past President of the Law and Society Association and current President of the Association for the Study of Law, Culture, and the Humanities. Thomas R. Kearns is William H. Hastie Professor of Philosophy and Professor of Law, Jurisprudence, and Social Thought, Amherst College
Cultural pluralism, identity politics, and the law by Austin Sarat( )

22 editions published between 1998 and 2014 in English and held by 1,945 WorldCat member libraries worldwide

"The essays in Cultural Pluralism, Identity Politics, and the Law, written by scholars from a variety of disciplines and theoretical inclinations, challenge orthodox understandings of the nature of identity politics and contemporary debates about separatism and assimilation. They ask us to think seriously about the ways law has been, and continues to be, implicated in these debates. The essays address questions about the challenges posed for notions of legal justice and procedural fairness by cultural pluralism and identity politics; the role played by law in structuring the terms on which recognition, accommodation, and inclusion are accorded to groups in the United States; and how much accepted notions of law are defined by an ideal of integration and assimilation."--BOOK JACKET
The Rhetoric of law by Austin Sarat( )

16 editions published between 1994 and 2009 in English and held by 1,789 WorldCat member libraries worldwide

"Law is a profession of words. Simultaneously celebratory of great prose and dogmatically insistent on precise usage, law provides a stage for displays of linguistic mastery and persuasive argument. Yet such displays are not without substance: the words of law take on a seriousness virtually unparalleled in any other domain of human experience. The Rhetoric of Law examines the words used in legal institutions and proceedings and explores both the literary aspect of legal life and the role of rhetoric in shaping the life of the law." "The essays in The Rhetoric of Law reflect the diverse influences of literary theory, feminism, and interpretive social science. Yet all call into question the rigid separation of rhetoric and justice that has characterized philosophical inquiry as far back as Plato. As a result, they open the way for a new understanding of law - an understanding that treats language as neither esoteric nor frivolous and views rhetoric as essential, to the pursuit of justice. This volume provides a bracing reminder of the possibilities and problems of law, of its capacity to engage the best in human character, and of its vulnerability to cynical manipulation."--BOOK JACKET
Law in everyday life( )

9 editions published between 1993 and 2009 in English and held by 1,789 WorldCat member libraries worldwide

Sarat and Kearns ... have edited a truly marvelous work on the impact of the law on daily life and vice versa. ... the essays are all exemplary, thought- provoking works worthy of a long, contemplative read by scholars, lawyers, and judges alike. --Choice "The subject of law in everyday life is timely in theory and in practice. The essays collected here are stimulating for the very different ways in which they reconfigure the meanings of 'the law' as cultural practice, and 'the everyday' as a cultural domain in which the state expresses a range of interests and engagements. Readers looking for an introduction to this topic will come away from the book with a clear sense of the varied voices and modes of inquiry now involved in sociolegal studies, and what distinguishes them. More experienced readers will appreciate the book's meticulous reconsideration of the instrumentalities, agencies, and constructedness of law."--Carol Greenhouse, Indiana University Contributors include David Engel, Hendrik Hartog, Thomas R. Kearns, David Kennedy, Catharine MacKinnon, George Marcus, Austin Sarat, and Patricia Williams. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, and Chair of the Department of Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy and Professor of Law, Jurisprudence, and Social Thought, Amherst College
Justice and injustice in law and legal theory by Thomas R Kearns( )

18 editions published between 1993 and 2014 in English and held by 1,753 WorldCat member libraries worldwide

"Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. However, experience has taught us that injustice may in fact be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. They have done so in abstract language as if the demands of justice could only be apprehended accurately outside of history and context. The justice that is usually spoken about is elusive, if not illusory, and disconnected from the embodied practice of law."--BOOK JACKET. "Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment, or punishment and recompense. The considerable disagreement over the meaning of justice suggests to some that we lack a full and coherent account of justice. This uncertainty does not mean that justice necessarily should be jettisoned from legal discourse. Rather, we are reminded of the vastness of the relationship of law and justice, of the difficulty of constructing a single account capable of holding together its many strands, and of the space that exists to theorize anew about justice and injustice in law and legal theory."--BOOK JACKET. "The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science."--BOOK JACKET
Law in the domains of culture( )

16 editions published between 1997 and 2009 in English and held by 1,716 WorldCat member libraries worldwide

"Law and legal studies are relative latecomers to cultural studies. As scholars have come to see law as not something apart from culture and society, they have begun to explore the connections between law and culture. Focusing on the production, interpretation, consumption, and circulation of legal meaning, these scholars suggest that law is inseparable from the interests, goals, and understandings that deeply shape or compromise social life. Against this background, Law in the Domains of Culture brings the insights and approaches of cultural studies to law and tries to secure for law a place in cultural analysis. This book provides a sampling of significant theoretical issues in the cultural analysis of law and illustrates some of those issues in provocative examples of the genre. Law in the Domains of Culture is designed to encourage the still tentative efforts to forge a new interdisciplinary synthesis, cultural studies of law."--BOOK JACKET
The Fate of law by Austin Sarat( )

14 editions published between 1991 and 2009 in English and held by 1,697 WorldCat member libraries worldwide

For law and legal theory the end of the twentieth century is a time of contradiction; while the newly emerging politics of Eastern Europe seek to establish a new rule of law, voices in this country proclaim the "death of law." For the former, law provides hope for stability and fairness. For the latter, the fundamental values that provide a grounding for legality seem no longer secure or satisfying. The Fate of Law is a collection of five original essays, each of which discusses the problems and prospects of law in the late twentieth century. The essays pay particular attention to the impact of broad intellectual and political movements, especially feminism and postmodernism, on law and legal theory. The Fate of Law investigates what happens under the critical scrutiny of those movements and in an era of growing skepticism about law's central claim to objectivity, neutrality, and reason. It describes the struggles that ensue and the responses that are made. Each of the essays that comprise this books is written in its own style and voice; each makes it own judgments and assessments
Legal rights : historical and philosophical perspectives by Austin Sarat( )

15 editions published between 1995 and 2009 in English and held by 1,590 WorldCat member libraries worldwide

Bringing rich historical analysis and careful philosophical inquiry into a productive dialogue this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life
Making peace with violence : Robert Cover on law and legal theory( )

1 edition published in 2001 in English and held by 1 WorldCat member library worldwide

Law in Everyday Life (Amherst series in law, jurisprudence, and social thought) by Thomas R Kearns( Book )

1 edition published in 1995 in English and held by 1 WorldCat member library worldwide

Legal Rights: Historical and Philosophical Perspectives (The Amherst series in law, jurisprudence, and social thought) by Austin Sarat( Book )

1 edition published in 1997 in English and held by 1 WorldCat member library worldwide

On de-moralizing due process by Thomas R Kearns( )

1 edition published in 1977 in English and held by 1 WorldCat member library worldwide

Fate of Law (The Amherst series in law, jurisprudence, and social thought) by Thomas R Kearns( Book )

1 edition published in 1993 in English and held by 1 WorldCat member library worldwide

The ethics of violence : necessity, excess, and opposition : book review essay by Anthony V Alfieri( )

1 edition published in 1994 in English and held by 1 WorldCat member library worldwide

Cultural Pluralism, Identity Politics, and the Law (Amherst series in law, jurisprudence, and social thought) by Austin Sarat( Book )

1 edition published in 2001 in English and held by 1 WorldCat member library worldwide

Law in the Domains of Culture (The Amherst series in law, jurisprudence, and social thought) by Thomas R Kearns( Book )

1 edition published in 2000 in English and held by 1 WorldCat member library worldwide

Legal Rights( )

1 edition published in 2009 in English and held by 1 WorldCat member library worldwide

The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts. Legal Rights: Historical and Philosophical Perspectives shows that the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life. Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College
 
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History, memory, and the law
Covers
Identities, politics, and rightsLaw's violenceHistory, memory, and the lawCultural pluralism, identity politics, and the lawThe Rhetoric of lawLaw in everyday lifeJustice and injustice in law and legal theoryLaw in the domains of culture
Languages
English (194)