Law

Since the Second World War, dignity has increasingly been recognized as an important moral and legal value. Although important examples of dignity-based arguments can be found in western European and North American case law and legal theory, the dignity jurisprudence of the Constitutional Court of South African is widely considered to be the most sweeping in the world. In part, this is related to the unique provisions of the South African Constitution in areas such as socioeconomic rights and allowing dignity to be taken into the sphere of economic justice as well as that of human rights.

This book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of South Africa as a multiracial democracy. The case law is coupled with analysis from a range of selected contributors.

The book will therefore be a crucial source for anyone seeking to evaluate dignity, whether in law or in human life more broadly.

This is the first comprehensive casePub to address the relationship of uBuntu to law. It also provides the most important critical articles on the use of uBuntu, both by the Constitutional Court and by other levels of the judiciary in South Africa.

Although uBuntu is an ideal or value rooted in South Africa, its purchase as a performative ethic of the human goes beyond its roots in African languages. Indeed, this casePub helps break through some of the stale antinomies in the discussions of cultures and rights, since both the courts and the critical essays discuss ubuntu as not simply an indigenous or even African ideal but one that is its own terms calls for universal justification. The efforts of the Constitutional Court to take seriously competing ideals of law and justice has led to original ethical reasoning, which has significant implications for post apartheid constitutionalism and law more generally.

uBuntu, then, as it is addressed as an activist ethic of virtue and then translated into law, helps to expand the thinking of a modern legal system’s commitment to universality by deepening discussions of what inclusion and equality actually mean in a postcolonial country. Since uBuntu claims to have universal purchase, its importance as a way of thinking about law and justice is not limited to South Africa but becomes important in any human rights discourse that is not limitedly rooted in Western European ideals. Thus this book will be a crucial resource for anyone who is seriously grappling with human rights, postcolonial constitutionalism, and competing visions of the relations between law and justice.

The front pages of our newspapers and the chatter on the blogs bear witness to the divorce of law from justice. Highly paid lawyers mine the law for loopholes to help Fortune 500 corporations legally evade their taxes and spoil the environment. In a world governed by the rule of law, justice, it seems, is a chimera, an abstraction, and thus a distraction from the real world struggle over political interest. Ought we, then, to abandon talk about abstract ideals of justice in favor of strategic and political arguments?

In The Gift of Science, a bold, revisionist account of 300 years of jurisprudence, Roger Berkowitz argues that the idea of justice is endangered and needs to be saved. Moving from the scientific revolution to the rise of law and economics, Berkowitz tells the story of how lawyers invented a science of law to preserve law's claim to moral authority. The "gift" of science to law, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.

The Gift of Science is a mesmerizing and original intellectual history of law. As a genealogy of the modern divorce of law from justice, Berkowitz shows that positive law has its formative impulse not in the English works of Thomas Hobbes and John Austin, but in the German tradition of legal science stretching from Gottfried Wilhelm Leibniz to Friedrich Carl von Savigny and Rudolf von Jhering. As a contribution to jurisprudence, Berkowitz argues that positive law is best understood as a product of science and not, as usually thought, as the will of a sovereign. As a work of political theory, Berkowitz explores how the subordination of law to social science has hollowed out the ethical center of law as the institutional embodiment of justice. Finally, the book makes manifest the danger that the transformation of law itself into a product of science poses for the possibility of law, justice, and freedom in the modern age.

One of the largest county bar associations in the country, the New York County Lawyers’ Association has also been one of the most influential since its founding in 1908. Today, representing more than 10,000 members, the Association is a major force for professional ethics and integrity and a powerful voice in such issues as racial, gender, and ethnic inclusion, and legal assistance to the poor.

In this detailed chronicle of the Association’s first century, Edwin David Robertson draws on a rich array of primary sources that bring to life both the internal history of the Association and its role in the legal and political life of the City. Here are stories of the legions of lawyers who, in the Association, successfully faced the challenges of their profession and created a powerful community of shared interests and commitments.

Filled with accounts of key cases and many of the backroom “bar stories” that have become local legal legends, this book is also a unique look at the inner life of the law played out during Manhattan’s most dynamic era.

The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue.

South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.

The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue.

South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.

Corporate Romanticism offers an alternative history of the connections between modernity, individualism, and the novel. In early nineteenth-century England, two developments—the rise of corporate persons and the expanded scale of industrial action—undermined the basic assumption underpinning both liberalism and the law: that individual human persons can be meaningfully correlated with specific actions and particular effects. Reading works by Godwin, Austen, Hogg, Mary Shelley, and Dickens alongside a wide-ranging set of debates in nineteenth-century law and Romantic politics and aesthetics, Daniel Stout argues that the novel, a literary form long understood as a reflection of individualism’s ideological ascent, in fact registered the fragile fictionality of accountable individuals in a period defined by corporate actors and expansively entangled fields of action.

Examining how liberalism, the law, and the novel all wrestled with the moral implications of a highly collectivized and densely packed modernity, Corporate Romanticism reconfigures our sense of the nineteenth century and its novels, arguing that we see in them not simply the apotheosis of laissez-fair individualism but the first chapter of a crucial and distinctly modern problem about how to fit the individualist and humanist terms of justice onto a world in which the most consequential agents are no longer persons.

Corporate Romanticism offers an alternative history of the connections between modernity, individualism, and the novel. In early nineteenth-century England, two developments—the rise of corporate persons and the expanded scale of industrial action—undermined the basic assumption underpinning both liberalism and the law: that individual human persons can be meaningfully correlated with specific actions and particular effects. Reading works by Godwin, Austen, Hogg, Mary Shelley, and Dickens alongside a wide-ranging set of debates in nineteenth-century law and Romantic politics and aesthetics, Daniel Stout argues that the novel, a literary form long understood as a reflection of individualism’s ideological ascent, in fact registered the fragile fictionality of accountable individuals in a period defined by corporate actors and expansively entangled fields of action.

Examining how liberalism, the law, and the novel all wrestled with the moral implications of a highly collectivized and densely packed modernity, Corporate Romanticism reconfigures our sense of the nineteenth century and its novels, arguing that we see in them not simply the apotheosis of laissez-fair individualism but the first chapter of a crucial and distinctly modern problem about how to fit the individualist and humanist terms of justice onto a world in which the most consequential agents are no longer persons.

In Managing Crisis: Presidential Disability and the Twenty-Fifth Amendment, the contributors explore not only the historical beginnings and the subsequent development of the Twenty-Fifth Amendment, but also its contributions to the health of the nation.

The Watergate scandal of 1973-1974 solidified the Amendment's strength when it was invoked after the resignation of Vice President Spiro Agnew, and again after Richard Nixon's resignation. President Reagan's failure to use the Amendment in 1981 after being shot and seriously wounded disappointed those who championed its provisiouns but the strong backlash he received actually strengthened the Amendment and convinced subsequent Administrations to develop plans for its use. The President who takes office in 2001 is likely to devise similar plans.

The Amendment is positioned to be a crucial tool if, as seems inevitable, the country again confronts a case of presidential inability, whether the inability entails illness or even kidnapping. It respects the presidency by making it difficult to oust a Chief Executive from exercising his powers and duties, giving a decisive role to those likely to protect the president and embodying checks and balances at every point in the processs.It avoids a definition of the term "inability" so as to provide decision-makers with flexibility and escapes the legalisms that such a definition could cause in a time of political turmoil. Both a legal and a political document, the Amendment deals with its subjects practically and in a manner consistent with the principle of separation of powers. It is likely to ensure stability and continuity in the event of a national crisis.

The contributors to this essential volume are: Birch Bayh, three-term United States Senator from Indiana, who authored and sponsored both the Twenty-Fifth and Twenty-Sixth Amendments; John D. Feerick, Dean of the Fordham University School of Law and author of The Twenty-Fifth Amendment; Robert E. Gilbert, Professor of Political Science at Northeastern University, and author of The Mortal Presidency, which was designated a 1998 outstanding book by Choice; Jeol K. Goldstein, Professor of Law at St. Louis University School of Law and author of The Modern Vice-Presidency and Understanding Constitutional Law; Robert J. Joynt, Distinguished University Professor of Neurology, Neurobiology, and Anatomy at the University of Rochester; E. Connie Mariano; M.D., Personal Physician to President Clinton and Director of the White House Medical Unit; Lawrence C. Mhr, M.D., White House physician from 1987 to 1993, serving Presidents Reagan, Bush, and Clinton, and currently professor of Medicine and Director of the Environmental Biosciences Program at the Medical University of South Carolina; Jerrold M. Post, M.D., Professor of Psychiatry and Director of the Political Psychology Program at the George Washington University; Robert S. Robbins, Professor of Political Science at Tulane University and co-author of When Illness Strikes the Leader; Kenneth W. Thompson, Director of the Miller Center at the University of Virginia frm 1978 to 1998; James F. Toole, M.D., Teagle Professor of Neurology and Professor of Public Health Sciences at the Bowman Gray School of Medicine at Wake Forest University; Tom Wicker, former Washington Bureau Chief for the New York Times, and James M. Young M.D., White House Physician serving Presidents Kennedy and Johnson, from 1963 to 1966.

In Managing Crisis: Presidential Disability and the Twenty-Fifth Amendment, the contributors explore not only the historical beginnings and the subsequent development of the Twenty-Fifth Amendment, but also its contributions to the health of the nation.

The Watergate scandal of 1973-1974 solidified the Amendment's strength when it was invoked after the resignation of Vice President Spiro Agnew, and again after Richard Nixon's resignation. President Reagan's failure to use the Amendment in 1981 after being shot and seriously wounded disappointed those who championed its provisiouns but the strong backlash he received actually strengthened the Amendment and convinced subsequent Administrations to develop plans for its use. The President who takes office in 2001 is likely to devise similar plans.

The Amendment is positioned to be a crucial tool if, as seems inevitable, the country again confronts a case of presidential inability, whether the inability entails illness or even kidnapping. It respects the presidency by making it difficult to oust a Chief Executive from exercising his powers and duties, giving a decisive role to those likely to protect the president and embodying checks and balances at every point in the processs.It avoids a definition of the term "inability" so as to provide decision-makers with flexibility and escapes the legalisms that such a definition could cause in a time of political turmoil. Both a legal and a political document, the Amendment deals with its subjects practically and in a manner consistent with the principle of separation of powers. It is likely to ensure stability and continuity in the event of a national crisis.

The contributors to this essential volume are: Birch Bayh, three-term United States Senator from Indiana, who authored and sponsored both the Twenty-Fifth and Twenty-Sixth Amendments; John D. Feerick, Dean of the Fordham University School of Law and author of The Twenty-Fifth Amendment; Robert E. Gilbert, Professor of Political Science at Northeastern University, and author of The Mortal Presidency, which was designated a 1998 outstanding book by Choice; Jeol K. Goldstein, Professor of Law at St. Louis University School of Law and author of The Modern Vice-Presidency and Understanding Constitutional Law; Robert J. Joynt, Distinguished University Professor of Neurology, Neurobiology, and Anatomy at the University of Rochester; E. Connie Mariano; M.D., Personal Physician to President Clinton and Director of the White House Medical Unit; Lawrence C. Mhr, M.D., White House physician from 1987 to 1993, serving Presidents Reagan, Bush, and Clinton, and currently professor of Medicine and Director of the Environmental Biosciences Program at the Medical University of South Carolina; Jerrold M. Post, M.D., Professor of Psychiatry and Director of the Political Psychology Program at the George Washington University; Robert S. Robbins, Professor of Political Science at Tulane University and co-author of When Illness Strikes the Leader; Kenneth W. Thompson, Director of the Miller Center at the University of Virginia frm 1978 to 1998; James F. Toole, M.D., Teagle Professor of Neurology and Professor of Public Health Sciences at the Bowman Gray School of Medicine at Wake Forest University; Tom Wicker, former Washington Bureau Chief for the New York Times, and James M. Young M.D., White House Physician serving Presidents Kennedy and Johnson, from 1963 to 1966.

Our federal campaign finance system is in a state of disarray. The current regulatory scheme is not curbing, and may be abetting, the enormous increase in campaign contributions and expenditures. The enormous influence of major campaign donors on the process of government is a growing cause of national concern.

The Special Commission of The Association of the Bar of the City of New York has spent the past two years studying the current system and developing a blueprint for reform. Composed of members with diverse political views and extensive legal and government experience, the Commission takes a fresh look at how to limit the undue influence of private money in federal elections.

The result is a highly readable report that tells how the current system, established in the wake of the Watergate scandal, is being manipulated by monied special interests, and how the system can be reformed.

The report addresses: how to develop a level playing field for candidates; how to limit the amount of money flowing into campaigns while allowing candidates to mount effective races; how to curb the use of soft money and issue advocacy while preserving the role of political parties; and how to structure a system that will restore public confidence in government.

This account is must reading on an issue that is moving to the center of the national stage.

Available in a new digital edition with reflowable text suitable for e-readers

The presidency is hazardous to your health. Fully two-thirds of our presidents have died before reaching their life-expectancy- despite being wealthier, better educated, and better cared for that most Americans. In Mortal Presidency, the first complete account of death and illness in the White House, Robert E. Gilbert looks at modern presidents including Coolidge, FDR, Eisenhower, Kennedy, and Reagan. He shows- in some cases, for the first time- that all suffered from debilitating medical problems, physical and/or psychological, which they frequently managed to conceal from the public but which, in important ways, affected their political lives. This edition is updated to include a brief look at Presidents Clinton and Bush, both of whom suffered sudden and unpleasant indispositions while in office which to some degree affected their presidencies.

Our federal campaign finance system is in a state of disarray. The current regulatory scheme is not curbing, and may be abetting, the enormous increase in campaign contributions and expenditures. The enormous influence of major campaign donors on the process of government is a growing cause of national concern.

The Special Commission of The Association of the Bar of the City of New York has spent the past two years studying the current system and developing a blueprint for reform. Composed of members with diverse political views and extensive legal and government experience, the Commission takes a fresh look at how to limit the undue influence of private money in federal elections.

The result is a highly readable report that tells how the current system, established in the wake of the Watergate scandal, is being manipulated by monied special interests, and how the system can be reformed.

The report addresses: how to develop a level playing field for candidates; how to limit the amount of money flowing into campaigns while allowing candidates to mount effective races; how to curb the use of soft money and issue advocacy while preserving the role of political parties; and how to structure a system that will restore public confidence in government.

This account is must reading on an issue that is moving to the center of the national stage.

Available in a new digital edition with reflowable text suitable for e-readers

The presidency is hazardous to your health. Fully two-thirds of our presidents have died before reaching their life-expectancy- despite being wealthier, better educated, and better cared for that most Americans. In Mortal Presidency, the first complete account of death and illness in the White House, Robert E. Gilbert looks at modern presidents including Coolidge, FDR, Eisenhower, Kennedy, and Reagan. He shows- in some cases, for the first time- that all suffered from debilitating medical problems, physical and/or psychological, which they frequently managed to conceal from the public but which, in important ways, affected their political lives. This edition is updated to include a brief look at Presidents Clinton and Bush, both of whom suffered sudden and unpleasant indispositions while in office which to some degree affected their presidencies.

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

Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake.


Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan

Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake.


Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan

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

This book represents the distinguished Sonnett lecture series sponsored by Fordham’s Law School that has taken place for the last 45 years. In this collection, U.S. Supreme Court Justices, a Lord Chancellor of England, three Chief Justices of Ireland, a Chief Justice of South Africa, a President of the Supreme Court of Israel, and other leading judges and lawyers examine common law–based legal systems and underlying principles. The lectures encourage attorneys and society to improve the training of lawyers, respect the independence of the judiciary, place ethics at the forefront, question the efficacy of the criminal justice system, and explore the complex philosophical issues facing the judiciary.

Taken as a whole, these lectures are a prescription for improvements and innovations throughout the legal system. The lectures were delivered by judges and lawyers who were involved in many of the most significant cases of the last half-century that strengthened individual rights and promoted access to justice. Each finds its deepest meaning in advancing the theme of Fordham Law School: “In the Service of Others.”

WINNER, SLSA SOCIO-LEGAL THEORY AND HISTORY PRIZE

SHORTLISTED, THE HART-SLSA BOOK PRIZE

Spectacles and Specters draws on theories of performativity to conceptualize the entanglements of law and political violence, offering a radical departure from accounts that consider political trials as instrumental in exercising or containing political violence. Legal scholar Başak Ertür argues instead that making sense of the often incalculable interpenetrations of law, politics, and violence in trials requires shifting the focus away from law’s instrumentality to its performativity.

Ertür develops a theory of political trials by reconstructing and building on a legacy of critical thought on Nuremberg in close engagement with theories of performativity. She then offers original case studies that introduce a new perspective by looking beyond the Holocaust trials, to the Armenian genocide and its fragmentary legal aftermaths. These cases include the 1921 trial of Soghomon Tehlirian, the 2007-21 Hrant Dink Murder Trial, and the 2015 case before the European Court of Human Rights concerning the denial of the Armenian genocide.

Enabling us to capture the various modalities in which the political emerges in, through and in relation to legal forms on the stage of the trial, this focus on law’s performativity also allows us to account for how sovereign schemes can misfire and how trials can come to have unintended political lives and afterlives. Further, it reveals how law is entangled with and perpetuates certain histories of violence, rather than simply ever mastering these histories or providing closure.

The first book to explore food allergies in the United States from the perspective of disability and race

Are food allergies disabilities? What structures and systems ensure the survival of some with food allergies and not others? Allergic Intimacies is a groundbreaking critical engagement with food allergies in their cultural representations, advocacy, law, and stories about personal experiences from a disability studies perspective. Author Michael Gill questions the predominantly individualized medical approaches to food allergies, pointing out that these approaches are particularly problematic where allergy testing and treatments are expensive, inconsistent, and inaccessible for many people of color.

This thought-provoking book explores the multiple meanings of food allergies and eating in the United States, demonstrating how much more is at stake than we realize, at a critical time when food allergies are on the rise: An estimated 32 million Americans, including one in thirteen children, have food allergies. Diagnoses of food allergies in children have increased by 50 percent since 1997. Yet as the author makes clear, the whiteness of the food allergy community and single-identity disability theory is inherently limiting and insufficient to address the complex choices that those with food allergies make. Gill argues that racism and ableism create unique precarity for disabled people of color that food allergic communities are only beginning to address. There is a huge disparity in access to testing and treatment, with African American and Latinx children having higher risk of adverse outcomes than white children, including more rates of anaphylaxis. Food allergy professionals have a responsibility to move beyond individualized approaches to more robust coalitional efforts grounded in disability and racial justice to undo these patterns of exclusion.

Allergic Intimacies celebrates the various creative ways food allergic communities are challenging historical and current practice of exclusion, while identifying the depth of work that still needs to be done to shift focus from a white allergic experience toward a more representative understanding of the racial, ethnic, religious, and economic diversity of those in the United States. Gill’s book is a discerning and vital exploration of the key debates about risks, dangers, safety, representations, and political concerns affecting the lives of individuals with food allergies.

WINNER, SLSA SOCIO-LEGAL THEORY AND HISTORY PRIZE

SHORTLISTED, THE HART-SLSA BOOK PRIZE

Spectacles and Specters draws on theories of performativity to conceptualize the entanglements of law and political violence, offering a radical departure from accounts that consider political trials as instrumental in exercising or containing political violence. Legal scholar Başak Ertür argues instead that making sense of the often incalculable interpenetrations of law, politics, and violence in trials requires shifting the focus away from law’s instrumentality to its performativity.

Ertür develops a theory of political trials by reconstructing and building on a legacy of critical thought on Nuremberg in close engagement with theories of performativity. She then offers original case studies that introduce a new perspective by looking beyond the Holocaust trials, to the Armenian genocide and its fragmentary legal aftermaths. These cases include the 1921 trial of Soghomon Tehlirian, the 2007-21 Hrant Dink Murder Trial, and the 2015 case before the European Court of Human Rights concerning the denial of the Armenian genocide.

Enabling us to capture the various modalities in which the political emerges in, through and in relation to legal forms on the stage of the trial, this focus on law’s performativity also allows us to account for how sovereign schemes can misfire and how trials can come to have unintended political lives and afterlives. Further, it reveals how law is entangled with and perpetuates certain histories of violence, rather than simply ever mastering these histories or providing closure.

The first book to explore food allergies in the United States from the perspective of disability and race

Are food allergies disabilities? What structures and systems ensure the survival of some with food allergies and not others? Allergic Intimacies is a groundbreaking critical engagement with food allergies in their cultural representations, advocacy, law, and stories about personal experiences from a disability studies perspective. Author Michael Gill questions the predominantly individualized medical approaches to food allergies, pointing out that these approaches are particularly problematic where allergy testing and treatments are expensive, inconsistent, and inaccessible for many people of color.

This thought-provoking book explores the multiple meanings of food allergies and eating in the United States, demonstrating how much more is at stake than we realize, at a critical time when food allergies are on the rise: An estimated 32 million Americans, including one in thirteen children, have food allergies. Diagnoses of food allergies in children have increased by 50 percent since 1997. Yet as the author makes clear, the whiteness of the food allergy community and single-identity disability theory is inherently limiting and insufficient to address the complex choices that those with food allergies make. Gill argues that racism and ableism create unique precarity for disabled people of color that food allergic communities are only beginning to address. There is a huge disparity in access to testing and treatment, with African American and Latinx children having higher risk of adverse outcomes than white children, including more rates of anaphylaxis. Food allergy professionals have a responsibility to move beyond individualized approaches to more robust coalitional efforts grounded in disability and racial justice to undo these patterns of exclusion.

Allergic Intimacies celebrates the various creative ways food allergic communities are challenging historical and current practice of exclusion, while identifying the depth of work that still needs to be done to shift focus from a white allergic experience toward a more representative understanding of the racial, ethnic, religious, and economic diversity of those in the United States. Gill’s book is a discerning and vital exploration of the key debates about risks, dangers, safety, representations, and political concerns affecting the lives of individuals with food allergies.