In recent decades, left political projects in the United States have taken a strong legalistic turn. From affirmative action to protection against sexual harassment, from indigenous peoples’ rights to gay marriage, the struggle to eliminate subordination or exclusion and to achieve substantive equality has been waged through courts and legislation. At the same time, critiques of legalism have generally come to be regarded by liberal and left reformers as politically irrelevant at best, politically disunifying and disorienting at worst. This conjunction of a turn toward left legalism with a turn away from critique has hardened an intellectually defensive, brittle, and unreflective left sensibility at a moment when precisely the opposite is needed. Certainly, the left can engage strategically with the law, but if it does not also track the effects of this engagement—effects that often exceed or even redound against its explicit aims—it will unwittingly foster political institutions and doctrines strikingly at odds with its own values. Brown and Halley have assembled essays from diverse contributors—law professors, philosophers, political theorists, and literary critics—united chiefly by their willingness to think critically from the left about left legal projects. The essays themselves vary by topic, by theoretical approach, and by conclusion. While some contributors attempt to rework particular left legal projects, others insist upon abandoning or replacing those projects. Still others leave open the question of what is to be done as they devote their critical attention to understanding what we are doing. Above all, Left Legalism/Left Critique is a rare contemporary argument and model for the intellectually exhilarating and politically enriching dimensions of left critique—dimensions that persist even, and perhaps especially, when critique is unsure of the intellectual and political possibilities it may produce. Contributors: Lauren Berlant, Wendy Brown, Judith Butler, Drucilla Cornell, Richard T. Ford, Katherine M. Franke, Janet Halley, Mark Kelman, David Kennedy, Duncan Kennedy, Gillian Lester, Michael Warner

A survey of the documents and structures that exist within the United Nations concerning women in the development process. This edition has been updated to cover the post-Beijing period. It includes a new introduction and a commentary on the Fourth World Conference on Women and what it achieved.

Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

What happens to left and liberal political orientations when faith in progress is broken, when both the sovereign individual and sovereign states seem tenuous, when desire seems as likely to seek punishment as freedom, when all political conviction is revealed as contingent and subjective? Politics Out of History is animated by the question of how we navigate the contemporary political landscape when the traditional compass points of modernity have all but disappeared. Wendy Brown diagnoses a range of contemporary political tendencies--from moralistic high-handedness to low-lying political despair in politics, from the difficulty of formulating political alternatives to reproaches against theory in intellectual life--as the consequence of this disorientation. Politics Out of History also presents a provocative argument for a new approach to thinking about history--one that forsakes the idea that history has a purpose and treats it instead as a way of illuminating openings in the present by, for example, identifying the haunting and constraining effects of past injustices unresolved. Brown also argues for a revitalized relationship between intellectual and political life, one that cultivates the autonomy of each while promoting their interlocutory potential. This book will be essential reading for all who find the trajectories of contemporary liberal democracies bewildering and are willing to engage readings of a range of thinkers--Freud, Marx, Nietzsche, Spinoza, Benjamin, Derrida--to rethink democratic possibility in our time.

How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.

Is it time to take a break from feminism? In this pathbreaking book, Janet Halley reassesses the place of feminism in the law and politics of sexuality. She argues that sexuality involves deeply contested and clashing realities and interests, and that feminism helps us understand only some of them. To see crucial dimensions of sexuality that feminism does not reveal--the interests of gays and lesbians to be sure, but also those of men, and of constituencies and values beyond the realm of sex and gender--we might need to take a break from feminism. Halley also invites feminism to abandon its uncritical relationship to its own power. Feminists are, in many areas of social and political life, partners in governance. To govern responsibly, even on behalf of women, Halley urges, feminists should try taking a break from their own presuppositions. Halley offers a genealogy of various feminisms and of gay, queer, and trans theories as they split from each other in the United States during the 1980s and 1990s. All these incommensurate theories, she argues, enrich thinking on the left not despite their break from each other but because of it. She concludes by examining legal cases to show how taking a break from feminism can change your very perceptions of what's at stake in a decision and liberate you to decide it anew.

Fires of Gold is a powerful ethnography of the often shrouded cultural, legal, political, and spiritual forces governing the gold mining industry in Ghana, one of Africa's most celebrated democracies. Lauren Coyle Rosen argues that significant sources of power have arisen outside of the formal legal system to police, adjudicate, and navigate conflict in this theater of violence, destruction, and rebirth. These authorities, or shadow sovereigns, include the transnational mining company, collectivized artisanal miners, civil society advocacy groups, and significant religious figures and spiritual forces from African, Islamic, and Christian traditions. Often more salient than official bodies of government, the shadow sovereigns reveal a reconstitution of sovereign power--one that, in many ways, is generated by hidden dimensions of the legal system. Coyle Rosen also contends that spiritual forces are central in anchoring and animating shadow sovereigns as well as key forms of legal authority, economic value, and political contestation. This innovative book illuminates how the crucible of gold, itself governed by spirits, serves as a critical site for embodied struggles over the realignment of the classical philosophical triad: the city, the soul, and the sacred.