Lawyers in the United States are frequently described as "hired guns," willing to fight for any client and advance any interest. Claiming that their own beliefs are irrelevant to their work, they view lawyering as a technical activity, not a moral or political one. But there are others, those the authors call cause lawyers, who refuse to put aside their own convictions while they do their legal work. This "deviant" strain of lawyering is as significant as it is controversial, both in the legal profession and in the world of politics. It challenges mainstream ideas of what lawyers should do and of how they should behave. Human rights lawyers, feminist lawyers, right-to-life lawyers, civil rights and civil liberties lawyers, anti-death penalty lawyers, environmental lawyers, property rights lawyers, anti-poverty lawyers—cause lawyers go by many names, serving many causes. Something to Believe In explores the work that cause lawyers do, the role of moral and political commitment in their practice, their relationships to the organized legal profession, and the contributions they make to democratic politics.
Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies. "Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion." -Gerald N. Rosenberg, University of Chicago "This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic." -Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.
Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies. "Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion." -Gerald N. Rosenberg, University of Chicago "This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic." -Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.
Lawyers in the United States are frequently described as "hired guns," willing to fight for any client and advance any interest. Claiming that their own beliefs are irrelevant to their work, they view lawyering as a technical activity, not a moral or political one. But there are others, those the authors call cause lawyers, who refuse to put aside their own convictions while they do their legal work. This "deviant" strain of lawyering is as significant as it is controversial, both in the legal profession and in the world of politics. It challenges mainstream ideas of what lawyers should do and of how they should behave. Human rights lawyers, feminist lawyers, right-to-life lawyers, civil rights and civil liberties lawyers, anti-death penalty lawyers, environmental lawyers, property rights lawyers, anti-poverty lawyers—cause lawyers go by many names, serving many causes. Something to Believe In explores the work that cause lawyers do, the role of moral and political commitment in their practice, their relationships to the organized legal profession, and the contributions they make to democratic politics.
Cause Lawyers and Social Movements seeks to reorient scholarship on cause lawyers, inviting scholars to think about cause lawyering from the perspective of those political activists with whom cause lawyers work and whom they seek to serve. It demonstrates that while all cause lawyering cuts against the grain of conventional understandings of legal practice and professionalism, social movement lawyering poses distinctively thorny problems. The editors and authors of this volume explore the following questions: What do cause lawyers do for, and to, social movements? How, when, and why do social movements turn to and use lawyers and legal strategies? Does their use of lawyers and legal strategies advance or constrain the achievement of their goals? And, how do movements shape the lawyers who serve them and how do lawyers shape the movements?
Lee Scheingold's rich, painful intellectual and personal journey—following the death of her husband, famed political scientist Stuart Scheingold—is described from the points of view which have informed her life: psychoanalysis, clinical social work, Buddhism, and family medicine. Yet it is poetry that is the connecting thread, beginning with the Russian poems which she studied long ago in college. She describes her return journey to Russian literature in the wake of profound grief. This is an emotional and yet academic account from an author who has approached her life with almost continual self-reflection. As a result of this examined life, the factors and life experiences which enabled her to tolerate, and even welcome, the feelings of grief are explored. Two psychoanalyses and a ten-year practice of Buddhism are examined in detail with the issue of meaning foregrounded. Emotions have central stage here, but ideas are close behind. For Lee Scheingold, poetry links the two. The deeply evocative style of the book resembles poetry itself.
The classic political and legal study of how the early years of formation of the European Union relied on consensus and legal processes — but not an analogy to federalization as in U.S. Constitutional law — to evolve integration and respect for higher authority than national law. Rather he found the truer path to political integration through regional decision-making, and in a concept of "law" that is more flexible and openly political than constitutional scholars would concede. The study remains an important glimpse of the processes and institutions of law and politics that lead to greater political unity. Law and lawyers were involved in these early steps in European integration, as shown by political activity and research more than by the customary analysis of doctrine. Part of the Classics of Law & Society Series of Quid Pro Books, this book is recognized as a fundamental contribution to the developing conceptualization of the E.U. through law and politics. It was originally published in the Occasional Papers Series of the Harvard University Center for International Affairs. It is introduced and explained in its 2011 edition by E.U. expert Jörg Fedtke, a senior law professor at Tulane University. More recent studies confirm this line of inquiry, writes Fedtke, and “show just how topical the core ideas of THE LAW IN POLITICAL INTEGRATION remain today.” Quality digital edition includes linked notes and active Contents, legible tables from the print edition, and proper ebook formatting.
Foundational and renowned study of how politicians and others use crime rates -- and most of all the public perception of street crime, whether or not it is accurate -- for their own purposes. Dr. Scheingold also provides a theoretical and historical basis for his views. The follow-up to the landmark book The Politics of Rights, this text is both supported in research and accessible and interesting to readers everywhere. Features new 2010 Foreword by Berkeley law professor Malcolm Feeley. A work that is both "timely and timeless," writes Feeley, it "is important for what it says -- and how it says it -- about American crime and crime policy, as well as American political culture. It speaks truth to power today as much as it did when it was first published." As recently noted by Amherst College's Austin Sarat, Scheingold "was quite simply one of the world's leading commentators on law and politics.
Classic book about the origins of the EU and its most significant, early economic disputes and judicial resolutions. Adds a new Foreword, 2013, by Malcolm Feeley (UC Berkeley). This pathbreaking book "remains the definitive analysis of the first crucial decade of the formulation of the Constitution of Europe by at the time a little-known court. It must be read by all serious scholars of European integration." -- Malcolm M. Feeley (University of California at Berkeley), from the new Foreword. In the early days of what would become the European Union, the new entity had a weak and ill-defined legislature and executive. And the European Court of Justice, whose decisions, actions, and even inactions subtly paved the way to a continent's integration. "Scheingold showed that its efforts, deftly melding law and politics, were a success beyond mere dispute-resolution and development of legal doctrine," writes Feeley. "He was well aware that he was present at the creation of a powerful new institution. Yet he stood virtually alone in seeing what such an institution, using its power this way, could realize in terms of political integration. The resulting book was a masterpiece." The formative years of the EU relied on consensus and legal processes, and an emerging, agile Court--but not on the predictable analogy to federalization as in U.S. Constitutional law--to evolve integration and respect for a higher authority than national law. Scheingold reveals these insights by examining political activity with his in-the-trenches research more than by the customary analysis of doctrine. Presented in a modern digital presentation (and a new, affordable paperback with updated formatting), adding the new Foreword, this book is part of the Classics of Law & Society Series from Quid Pro Books. It embeds the original pagination, to enhance referencing and citations from previous printings and to allow continuity with the new print edition. Other quality Quid Pro digital features include linked endnotes, active Table of Contents, all the tables, index, and bibliographical references of the original, and proper ebook formatting.
Foundational and renowned study of how politicians and others use crime rates -- and most of all the public perception of street crime, whether or not it is accurate -- for their own purposes. Dr. Scheingold also provides a theoretical and historical basis for his views. The follow-up to the landmark The Politics of Rights, this book is both supported in research and accessible and interesting to readers everywhere. Features a new Foreword by Berkeley law professor Malcolm M. Feeley. A work that is both "timely and timeless," writes Feeley, it "is important for what it says -- and how it says it -- about American crime and crime policy, as well as American political culture. It speaks truth to power today as much as it did when it was first published." As recently noted by Amherst College's Austin Sarat, Scheingold "was quite simply one of the world's leading commentators on law and politics." This is the new clothbound edition of a classic work of law and society, republished in this format in 2016 from the Quid Pro Books paperback reprint edition of 2010.
The study of cause lawyering has grown dramatically and is now an important field of research in socio-legal studies and in research on the legal profession. The Worlds Cause Lawyers Make: Structure and Agency in Legal Practice adds to that growing body of research by examining the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions. The book describes the constraints to cause lawyering and the particulars that shape what cause lawyers do and what cause lawyering can be, while also focusing on the dynamic interactions of cause lawyers and the legal, professional, and political contexts in which they operate. It presents a constructivist view of cause lawyering, analyzing what cause lawyers do in their day-to-day work, how they do it, and what difference their work makes. Taken together, the essays collected in this volume show how cause lawyers construct their legal and professional contexts and also how those contexts constrain their professional lives.
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