Catalogue


Religion, race, rights : landmarks in the history of modern Anglo-American law /
Eve Darian-Smith.
imprint
Oxford : Hart, 2010.
description
x, 329 p. : ill. ; 24 cm.
ISBN
1841137294 (pbk.), 9781841137292 (pbk.)
format(s)
Book
Holdings
More Details
imprint
Oxford : Hart, 2010.
isbn
1841137294 (pbk.)
9781841137292 (pbk.)
catalogue key
7229725
 
Includes bibliographical references (p. 293-317) and index.
A Look Inside
About the Author
Author Affiliation
Eve Darian-Smith is Professor of Global International Studies at the University of California Santa Barbara, USA, and the author of Bridging Divides: The Channel Tunnel and English Legal Identity in the New Europe (Winner of the Law and Society Association Herbert Jacob Book Prize).
Full Text Reviews
Appeared in Choice on 2011-01-01:
Darian-Smith (Univ. of California, Santa Barbara) examines the intersections among religion, race, and rights with eight snapshots of Anglo-American legal landmarks over the past five centuries. Darian-Smith's engaging, but highly diffuse and eclectic, studies describe Martin Luther's initiation of the Reformation; the trial and execution of Charles I; Thomas Paine's publication of The Rights of Man; the English trial of Edward John Eyre for his repressive actions during the Morant Bay rebellion of ex-slaves in Jamaica in 1865; the Haymarket Riots of 1886 and demands for an eight-hour workday; the influence of the Dawes Act of 1887 in undermining the lives of Native Americans; the Nuremberg Trials and the development of the Universal Declaration of Human Rights; and the US's "crusade" against terrorism, which she associates with US imperialism and racism. Darian-Smith believes these incidents show that Anglo-American law has not been "objective" or "value-free" and cannot easily be exported to different cultures. Despite her criticism of past Western ideologies, she hopes that what scholar Partha Chatterjee describes as "patient, humane, and democratic social transformation" will ultimately prevail. Summing Up: Recommended. All levels through researchers. J. R. Vile Middle Tennessee State University
Reviews
Review Quotes
'Little torques public policy in modern America quite like race, rights, and religion. The mix is explosive, fodder for shock-jocks of all political stripes. Few however appreciate the historical forces that gave shape to contemporary culture wars. Fewer still perceive that vehemently opposed positions share common roots in the religious history of Europe and its cultural offspring. Brilliantly and concisely canvassing five hundred years of the history of the west, Darian-Smith accounts for the lineage of complex ideas that inform contemporary America. She does so with clarity, insight, and sensitivity. This outstanding work is essential reading for those who would understand our shared present.'W. Wesley Pue, Professor of Law and Nathan Nemetz Professor of Legal History,University of British Columbia'Darian-Smith's new book is an example of what is most exciting about new scholarship in the humanities. It works across disciplinary and methodological boundaries in its attempt to deal with one of our most pressing current social problems - determining the consequences of the sometimes violent interaction of race, religion and law in times of social crisis. Darian-Smith explodes the myth of secularism in modern society, and the illusion of post-racialism, in her unblinking analysis of present dilemmas. Once you read this book you will never again think that the western concept of individual rights is sufficient to resolve the contradictions of modern existence. This is a genuinely important step forward in western scholarship.'Stanley Katz, President Emeritus of the American Council of Learned Societies and Professor, Woodrow Wilson School, Princeton University.'Eve Darian-Smith takes us on an amazing journey covering four centuries that brilliantly illuminates the continuously evolvinginterplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight landmark 'law moments' that ingeniously show how legal rights are always being subtly shaped by culturally prevailing ideas about religion and race, a process that still goes on in our supposedly 21st century secular world that claims to be free of racism.'Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University.'In this volume, Eve Darian-Smith offers a passionate, wide- ranging analysis of the complex, historically-vexed relations among religion, race, and rights over the past four plus centuries. The book begins, in 1517, with Martin Luther and ends, at the dawn of the new century, with the discriminatory labor practices of Walmart, the recent crusades of George Bush and his theocons, and the resurgence of religious faith. By way of a well-chosen sequence of 'legal landmarks' - each an historical drama in its own right, each a piece of theater in which judicial processes take center stage - Darian-Smith develops a compelling, complex critique of the law, of its inherent ambiguities, its violence, its possibilities. And its historical entailment in political, economic, social and ethical forces well beyond itself, forces that, repeatedly, have opened up a yawning gap between its ideological (self-)representation and the realities of its everyday practice. This is an ambitious work of scholarship, one which, by virtue of brush strokes at once deft and broad, challenges us to understand the legal underpinnings of our world in new ways.'John Comaroff, University of Chicago.
I recently finished reading your book and liked it a lot. I got to learn some new stuff and remember stuff I had forgotten. I also think your argument is very timely. Most importantly, this a great teaching book, as it is easy to read and understand. Congrats. I have already recommended the book to one colleague/friend at Berkeley and will continue to recommend it to others.Jane Collier, emeritus from anthropology department at Stanford'Little torques public policy in modern America quite like race, rights, and religion. The mix is explosive, fodder for shock-jocks of all political stripes. Few however appreciate the historical forces that gave shape to contemporary culture wars. Fewer still perceive that vehemently opposed positions share common roots in the religious history of Europe and its cultural offspring. Brilliantly and concisely canvassing five hundred years of the history of the west, Darian-Smith accounts for the lineage of complex ideas that inform contemporary America. She does so with clarity, insight, and sensitivity. This outstanding work is essential reading for those who would understand our shared present.'W. Wesley Pue, Professor of Law and Nathan Nemetz Professor of Legal History,University of British Columbia'Darian-Smith's new book is an example of what is most exciting about new scholarship in the humanities. It works across disciplinary and methodological boundaries in its attempt to deal with one of our most pressing current social problems - determining the consequences of the sometimes violent interaction of race, religion and law in times of social crisis. Darian-Smith explodes the myth of secularism in modern society, and the illusion of post-racialism, in her unblinking analysis of present dilemmas. Once you read this book you will never again think that the western concept of individual rights is sufficient to resolve the contradictions of modern existence. This is a genuinely important step forward in western scholarship.'Stanley Katz, President Emeritus of the American Council of Learned Societies and Professor, Woodrow Wilson School, Princeton University.'Eve Darian-Smith takes us on an amazing journey covering four centuries that brilliantly illuminates the continuously evolvinginterplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight landmark 'law moments' that ingeniously show how legal rights are always being subtly shaped by culturally prevailing ideas about religion and race, a process that still goes on in our supposedly 21st century secular world that claims to be free of racism.'Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University.'In this volume, Eve Darian-Smith offers a passionate, wide- ranging analysis of the complex, historically-vexed relations among religion, race, and rights over the past four plus centuries. The book begins, in 1517, with Martin Luther and ends, at the dawn of the new century, with the discriminatory labor practices of Walmart, the recent crusades of George Bush and his theocons, and the resurgence of religious faith. By way of a well-chosen sequence of 'legal landmarks' - each an historical drama in its own right, each a piece of theater in which judicial processes take center stage - Darian-Smith develops a compelling, complex critique of the law, of its inherent ambiguities, its violence, its possibilities. And its historical entailment in political, economic, social and ethical forces well beyond itself, forces that, repeatedly, have opened up a yawning gap between its ideological (self-)representation and the realities of its everyday practice. This is an ambitious work of scholarship, one which, by virtue of brush strokes at once deft and broad, challenges us to understand the legal underpinnings of our world in new ways.'John Comaroff, University of Chicago.
This item was reviewed in:
Choice, January 2011
To find out how to look for other reviews, please see our guides to finding book reviews in the Sciences or Social Sciences and Humanities.
Summaries
Main Description
This book highlights the interconnections between three framing concepts in the development of modern Western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational, and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the 16th century and rapidly developed during the Enlightenment in the 17th and 18th centuries. Drawing upon landmark legal decisions and historical events, the book emphasizes that justice is not blind, because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race, and rights aids our understanding of contemporary socio-legal issues. In the 21st century, the economic might of the US and the West often leads to a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of Western legal concepts and prevents us from appreciating that, analogous to previous colonial periods, in a global political economy, Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities. Religion, Race, Rights is an accessible and easy-to-read introduction aimed at prospective law students. It can be used by undergraduate and graduate law students studying legal studies, anthropology, history, political science, and criminal justice. It will also be an important point of reference for those interested in sociology, multiculturalism, and globalization.
Bowker Data Service Summary
Presenting a modern history of Anglo-American law that takes into account the influence of religious, social, political and economic factors on the development of the law, this text specifically highlights the interconnections between the concepts that are central to the development of modern Western law.
Main Description
The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenging the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the 16th century, and rapidly developed in the Enlightenment in the 17th and 18th centuries. Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the 21st century, the economic might of the USA and the west often leads toward a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents appreciating that, analogous to past colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities.
Main Description
The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century, and rapidly developed in the Enlightenment in the seventeenth and eitheenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the twenty-first century, the economic might of the USA and the west often leads toward a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents appreciating that, analogous to past colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities.
Main Description
The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the twenty-first century, the economic might of the USA and the west often leads to a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents us from appreciating that, analogous to previous colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities.
Main Description
This new book presents a modern history of Anglo-American law that takes into account the influence of religious, social, political and economic factors on the development of the law. Specifically, it highlights the interconnections between three framing concepts that the author argues are a central triangular force in the development of modern western law: religion, race, and human rights. What this shows is that our current understanding of the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism and exploitation of minorities, and specific conceptions of individualism that surfaced firstly with the Reformation in the 16th century, and rapidly developed in the Enlightenment in the 17th and 18th centuries. The book critically engages with basic assumptions that modern western law is an objective and rational enterprise. Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind, because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. This point is of great significance in the 21st century where the economic might of the USA and the west often leads toward a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents people appreciating that, analogous to past colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities.
Table of Contents
List of Figuresp. ix
Acknowledgementsp. xi
Prefacep. xiii
Introduction: Connecting Religion, Race and Rightsp. 1
Moving toward Separation of Church and Statep. 19
Martin Luther and the Challenge to the Catholic Church (1517)p. 21
Religion: Protest and Reformp. 22
Race: The Infidel Turkp. 36
Rights: Demanding Secular Lawp. 42
Conclusionp. 49
Executing the King: The Trial of Charles I (1649)p. 52
Religion: Protestant and Catholic Violencep. 54
Race: Religious Intolerance and Legalizing Racismp. 65
Rights: Defining the Rights of King, Parliament and Subjectp. 74
Concl usionp. 84
Revolution and Thomas Paine's Rights of Man (1791)p. 88
Religion: The Age of Reason and the Challenge of Sciencep. 93
Race: Questioning Slavery and Discriminationp. 101
Rights: Law's Coming of Age in Rights of manp. 106
Conclusionp. 112
Capitalism, Colonialism and Nationalismp. 115
Sugar, Slaves, Rebellion, Murder (1865)p. 117
Religion: The 'Divine Institution' of Slaveryp. 124
Race: Scientific Racismp. 133
Rights: Empire's Right to Massacrep. 138
Conclusionp. 146
Demanding the Eight-Hour Workday (1886)p. 148
Religion: Law as Faithp. 153
Race: Racializing Laborp. 161
Rights: Workers versus Laissez-Faire Capitalismp. 169
Conclusionp. 177
Civilizing Native Americans-The Dawes Act (1887)p. 180
Religion: Missionaries and Heathensp. 189
Race: Determining the Race Withinp. 196
Rights: Limiting Native Sovereigntyp. 201
Conclusionp. 207
Religion, Race and Rights in a Global Erap. 209
Nuremberg's Legacy (1945-49)p. 211
Religion: Confronting Religious Pluralismp. 218
Race: Rethinking Racep. 230
Rights: Implementing Human Rightsp. 237
Conclusionp. 245
Democracy, Neoliberalism, and the New Crusadesp. 248
Religion: Exploiting Godp. 255
Race: 'Saving Brown Women'p. 265
Rights: The Challenges of Neoliberalismp. 276
Conclusionp. 282
Conclusion: The Resurgence of Faithp. 285
Bibliographyp. 293
Indexp. 319
Table of Contents provided by Ingram. All Rights Reserved.

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