The state makes law. But the state is also subject to law in two realms: international law and constitutional law. But how in the international realm can law be enforced against powerful states in the absence of a super-state standing above them? How far can moral and legal frameworks developed around ordinary persons be extended to apply to personified Leviathans? The book argues that these kinds of questions are equally applicable to the second major regime of law for states, constitutional law. By assimilating constitutional and international law as parallel projects of imposing law upon the state, this book brings focus to the concept of "law for Leviathan" as a distinctive legal form.
For over a century, the idea that African Americans are psychologically damaged has played an important role in discussions of race. In this provocative work, Daryl Michael Scott argues that damage imagery has been the product of liberals and conservatives, of racists and antiracists. While racial conservatives, often playing on white contempt for blacks, have sought to use findings of black pathology to justify exclusionary policies, racial liberals have used damage imagery primarily to promote policies of inclusion and rehabilitation. In advancing his argument, Scott challenges some long-held beliefs about the history of damage imagery. He rediscovers the liberal impulses behind Stanley Elkins's Sambo hypothesis and Daniel Patrick Moynihan's Negro Family and exposes the damage imagery in the work of Ralph Ellison, the leading anti-pathologist. He also corrects the view that the Chicago School depicted blacks as pathological products of matriarchy. New Negro experts such as Charles Johnson and E. Franklin Frazier, he says, disdained sympathy-seeking and refrained from exploring individual pathology. Scott's reassessment of social science sheds new light on Brown v. Board of Education, revealing how experts reversed four decades of theory in order to represent segregation as inherently damaging to blacks. In this controversial work, Scott warns the Left of the dangers in their recent rediscovery of damage imagery in an age of conservative reform.
The state makes law. But the state is also subject to law in two realms: international law and constitutional law. But how in the international realm can law be enforced against powerful states in the absence of a super-state standing above them? How far can moral and legal frameworks developed around ordinary persons be extended to apply to personified Leviathans? The book argues that these kinds of questions are equally applicable to the second major regime of law for states, constitutional law. By assimilating constitutional and international law as parallel projects of imposing law upon the state, this book brings focus to the concept of "law for Leviathan" as a distinctive legal form.
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.