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Law's Infamy

Understanding the Canon of Bad Law

Austin Sarat editor Lawrence Douglas editor Martha M Umphrey editor

Format:Paperback

Publisher:New York University Press

Published:21st Dec '21

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Law's Infamy cover

An analysis of how problematic laws ought to be framed and considered
From the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might be—whether Dred Scott v. Sanford or Plessy v. Ferguson—the stories we tell of the law’s failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens’ conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other.
Law’s Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself acts infamously and focus of infamous decisions that are worthy of repudiation. Law's Infamy asks when and why the word infamy should be used to characterize legal decisions or actions. This is a much-needed addition to the broader conversation and questions surrounding law’s complicity in evil.

A compelling examination by a diverse group of scholars on the historical, political, cultural and social meanings of ‘legal infamy.’ No one in the field of interdisciplinary law and culture studies has had more success than Austin Sarat at using the thematic essay anthology as a platform for robust, and rigorous, intellectual engagement. Law’s Infamy is poised to become a significant contribution to the field. -- Kendall Thomas, co-editor of Critical Race Theory: The Key Writings That Founded the Movement

An excellent, challenging, and thought-provoking book whose essays position many instances of complicity and ‘infamy’ into thoughtful, compelling, and unusual juxtaposition. The move to discuss the ‘anti-canon’ of ‘infamous’ cases is a brilliant approach to the problem of judicial complicity.

-- Linda R. Meyer, Quinnipiac University
Contributors to Sarat, Douglas, and Umphrey’s volume ask when and why the word ‘infamy’ should be used to characterize legal decisions or actions. They consider how legal institutions themselves engage in infamous actions, and they urge that scholars and activists identify infamous decisions that are worthy of repudiation and label them as such, highlighting the damage done when law itself acts infamously. * Law and Social Inquiry *

ISBN: 9781479812097

Dimensions: unknown

Weight: 422g

288 pages