M Constable
Biographic Data
| ID | 20018 |
|---|---|
| NAME | M Constable |
| GIVEN NAMES | M |
| FAMILY NAME | Constable |
| SIGNATURE | CONSTABLE M |
| AFFILIATIONS | University of California, Berkeley |
| ORCID | 0000-0002-3950-4412 |
| VERIFIED | Yes |
| TOTAL WORKS | 32 |
| TOTAL CITATIONS | 33 |
| AUTHOR COUNT | 32 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1991 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 3 |
La rhétorique et les possibilités de l’histoire du droit
Moving in the Manner of the Adverb
Learning to move slowly and attentively offers alternatives to how a fast-paced world induces us to act. The Feldenkrais Method’s® awareness-through-movement (ATM)® lessons encourage students to notice what they actually do and how, rather than cathecting on what they should accomplish and how well. Within the constraint of a lesson, one shifts focus from “movement” as noun to “moving” as verb. Students learn that options about how to move—slowly…
Affective Justice
In Affective Justice: The International Criminal Court and the Pan-Africanist Pushback, Kamari Maxine Clarke makes two major points; both are well taken. The first is that Pan-Africanist responses
In the Midst of … Words Inside-Out
In the midst of the 2020 pandemic produced by an invisible virus, words bring the world near. Words come in from a threatening outside, even as their use turns those who are inside outward. Speech practices reconfigure work and non-work, while politics, like language, turns inside-out
The Paper Shredder
If the modern office produces and is managed through written documents or files, as Max Weber famously argued in his work on bureaucracy, then so too does the office – and increasingly the private citizen – destroy them. Enter the lowly paper shredder, a machine that proliferates waste and serves as the repository of carefully guarded secrets and confidential records, even as it is designed to eliminate the dregs of bureaucratic culture. Until re…
Introduction
When Actions Speak Louder
The use of the saying “Actions speak louder than words” renders problematic both political and legal judgments. With its often excruciating attention to language, law in particular insists on maintaining relations between speech and reality or between words and the truths that they promise in the action of speaking. In the context of President Trump’s repudiation of words, claims that actions speak louder than words threaten the possibilities of …
Ben Golder Foucault and the Politics of Rights. Stanford
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
The Predicament of Modern Law
Kunal Parker's Common Law, History, and Democracy in America, 1790–1900: Legal Thought Before Modernism shows how nineteenth‐century thinkers thought about law and history differently than do post‐Holmesian modernist sociolegal scholars, whose ahistorical law appears contingent on politics, power, or will. Understanding time and history to be essential to law, nineteenth‐century jurists conceived of a common law that was able to work with and to …
Response
Speaking the Language of Law
Research Article| September 01 2010 Speaking the Language of Law: A Juris-dictional Primer Marianne Constable Marianne Constable University of California, Berkeley [email protected] Marianne Constable is professor of rhetoric at UC Berkeley where she also holds the Zaffaroni Family Chair in Undergraduate Education. She specializes in legal history and philosophy and has authored numerous publications including Just Silences: The Limits and P…
Analyzing the Trial
A Global Vision of Social Justice
Trial by Jury
Journal Article Trial by Jury: The Seventh Amendment and Anglo-American Special Juries Get access Oldham James. Trial by Jury: The Seventh Amendment and Anglo-American Special Juries. New York: New York University Press, 2006. ix, 355 pp. $55.00 (cloth). Marianne Constable Marianne Constable University of California, Berkeley Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 49, Iss…
Forum
Introduction
Introduction
Law and the Company We Keep
Whether we are black, gay, Republican, women, or deaf, our associations--whether voluntary or assigned--constitute crucial and inescapable elements of our identities. Both voluntary and involuntary groups have been important in American history--more important than is generally recognized. But these groups have never been adequately addressed by law, which has as its primary focus the relationship between the individual and the state. The company…
The Law of the Other
Journal Article The Law of the Other: The Mixed Jury and Changing Concepts of Citizenship, Law, and Knowledge Get access Constable Marianne, The Law of the Other: The Mixed Jury and Changing Concepts of Citizenship, Law, and Knowledge. Chicago: University of Chicago Press, 1994. xii, 192 pp. $38.00 (cloth); $15.95 (paper). Edward M. Wise Edward M. Wise Wayne State University Search for other works by this author on: Oxford Academic Google Scholar…
The Regents on Race and Diversity
Research Article| July 01 1996 The Regents on Race and Diversity: Representations and Reflections Marianne Constable Marianne Constable Search for other works by this author on: This Site PubMed Google Scholar Representations (1996) 55: 92–97. https://doi.org/10.2307/3043739 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Twitter LinkedIn Tools Icon Tools Get Permissions Cite Icon Cit…
The Law of the Other
A New Conception of Law
In his address to the 1995 Law and Society Association, Boaventura de Sousa Santos argued that times are changing and that "we"-the law and society audience, among others-must use "the imagination to explore new modes of human possibility and styles of will and to oppose the necessity of what exists on behalf of something radically better that is worth fighting for and to which humanity is fully entitled" (Santos 1995:573). Admirable sentiments, …
Genealogy and Jurisprudence
In Twilight of the Idols, Nietzsche presents a history of metaphysics that can also be read as a history of jurisprudence. Nietzsche shows how—via Platonism, Christendom, Kantianism, and utilitarianism—the “real” or “true” world of ideals gives way to an “apparent” phenomenal world that is itself ultimately brought into question. This article shows how 20th-century legal thought, broadly construed, also moves away from “ideals” of law toward an u…
Thinking Nonsociologically about Sociological Law
Nietzsche is a notoriously difficult philosopher to follow. As he himself wrote, he was not interested in followers. Those who read Nietzsche and care to engage in his thought, then, cannot say that they have not been warned as to its inhospitable character. That that character is still an issue becomes manifest in two of the four responses to “Genealogy and Jurisprudence.” The responses of Frank Munger and of Christine B. Harrington and John Bri…
Genealogy and Jurisprudence
In Twilight of the Idols, Nietzsche presents a history of metaphysics that can also be read as a history of jurisprudence. Nietzsche shows how—via Platonism, Christendom, Kantianism, and utilitarianism—the “real” or “true” world of ideals gives way to an “apparent” phenomenal world that is itself ultimately brought into question. This article shows how 20th-century legal thought, broadly construed, also moves away from “ideals” of law toward an u…
Forum
Genealogy and Jurisprudence
In Twilight of the Idols, Nietzsche presents a history of metaphysics that can also be read as a history of jurisprudence. Nietzsche shows how—via Platonism, Christendom, Kantianism, and utilitarianism—the “real” or “true” world of ideals gives way to an “apparent” phenomenal world that is itself ultimately brought into question. This article shows how 20th-century legal thought, broadly construed, also moves away from “ideals” of law toward an u…
Analyzing the Trial
A New Conception of Law
In his address to the 1995 Law and Society Association, Boaventura de Sousa Santos argued that times are changing and that "we"-the law and society audience, among others-must use "the imagination to explore new modes of human possibility and styles of will and to oppose the necessity of what exists on behalf of something radically better that is worth fighting for and to which humanity is fully entitled" (Santos 1995:573). Admirable sentiments, …
Introduction
A Global Vision of Social Justice
Thinking Nonsociologically about Sociological Law
Nietzsche is a notoriously difficult philosopher to follow. As he himself wrote, he was not interested in followers. Those who read Nietzsche and care to engage in his thought, then, cannot say that they have not been warned as to its inhospitable character. That that character is still an issue becomes manifest in two of the four responses to “Genealogy and Jurisprudence.” The responses of Frank Munger and of Christine B. Harrington and John Bri…
Foucault & Walzer
Michael Walzer faults the political theory of Michel Foucault for failing to provide an account of the liberal state and the rule of law or to provide the kind of knowledge that regulates disciplinary arrangements in society. This article assesses Walzer's criticism in light of Foucault's analysis of liberal political theory. It concludes that Walzer's theory, couched in the discourse of sovereignty, employs disciplinary strategies of power, akin…
What Books about Juries Reveal about Social Science and Law
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What Books about Juries Reveal about Social Science and Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Foucault & Walzer
Michael Walzer faults the political theory of Michel Foucault for failing to provide an account of the liberal state and the rule of law or to provide the kind of knowledge that regulates disciplinary arrangements in society. This article assesses Walzer's criticism in light of Foucault's analysis of liberal political theory. It concludes that Walzer's theory, couched in the discourse of sovereignty, employs disciplinary strategies of power, akin…
The Modern American Jury
Rights Talk
Genealogy and Jurisprudence
In Twilight of the Idols, Nietzsche presents a history of metaphysics that can also be read as a history of jurisprudence. Nietzsche shows how—via Platonism, Christendom, Kantianism, and utilitarianism—the “real” or “true” world of ideals gives way to an “apparent” phenomenal world that is itself ultimately brought into question. This article shows how 20th-century legal thought, broadly construed, also moves away from “ideals” of law toward an u…
Thinking Nonsociologically about Sociological Law
Nietzsche is a notoriously difficult philosopher to follow. As he himself wrote, he was not interested in followers. Those who read Nietzsche and care to engage in his thought, then, cannot say that they have not been warned as to its inhospitable character. That that character is still an issue becomes manifest in two of the four responses to “Genealogy and Jurisprudence.” The responses of Frank Munger and of Christine B. Harrington and John Bri…
Genealogy and Jurisprudence
In Twilight of the Idols, Nietzsche presents a history of metaphysics that can also be read as a history of jurisprudence. Nietzsche shows how—via Platonism, Christendom, Kantianism, and utilitarianism—the “real” or “true” world of ideals gives way to an “apparent” phenomenal world that is itself ultimately brought into question. This article shows how 20th-century legal thought, broadly construed, also moves away from “ideals” of law toward an u…
Thinking Nonsociologically about Sociological Law
At stake is justice, a topic about which both Austin Sarat5 and Kenneth Cmiel,6 probably quite rightly, would like to hear more. Genealogy and Jurisprudence suggests that contemporary law (legal discourse, legal institutions), as revealed in a variety of legal texts, increasingly appeals to knowledges of society (social sciences or sociology). As this occurs, the relations between law and sociology become such that justice-understood as the
The Law of the Other
The mixed jury doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longe…
The Law of the Other
A New Conception of Law
In his address to the 1995 Law and Society Association, Boaventura de Sousa Santos argued that times are changing and that "we"-the law and society audience, among others-must use "the imagination to explore new modes of human possibility and styles of will and to oppose the necessity of what exists on behalf of something radically better that is worth fighting for and to which humanity is fully entitled" (Santos 1995:573). Admirable sentiments, …
The Law of the Other
Journal Article The Law of the Other: The Mixed Jury and Changing Concepts of Citizenship, Law, and Knowledge Get access Constable Marianne, The Law of the Other: The Mixed Jury and Changing Concepts of Citizenship, Law, and Knowledge. Chicago: University of Chicago Press, 1994. xii, 192 pp. $38.00 (cloth); $15.95 (paper). Edward M. Wise Edward M. Wise Wayne State University Search for other works by this author on: Oxford Academic Google Scholar…
The Regents on Race and Diversity
Research Article| July 01 1996 The Regents on Race and Diversity: Representations and Reflections Marianne Constable Marianne Constable Search for other works by this author on: This Site PubMed Google Scholar Representations (1996) 55: 92–97. https://doi.org/10.2307/3043739 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Twitter LinkedIn Tools Icon Tools Get Permissions Cite Icon Cit…
Law and the Company We Keep
Whether we are black, gay, Republican, women, or deaf, our associations--whether voluntary or assigned--constitute crucial and inescapable elements of our identities. Both voluntary and involuntary groups have been important in American history--more important than is generally recognized. But these groups have never been adequately addressed by law, which has as its primary focus the relationship between the individual and the state. The company…
Introduction
Introduction
Forum
Trial by Jury
Journal Article Trial by Jury: The Seventh Amendment and Anglo-American Special Juries Get access Oldham James. Trial by Jury: The Seventh Amendment and Anglo-American Special Juries. New York: New York University Press, 2006. ix, 355 pp. $55.00 (cloth). Marianne Constable Marianne Constable University of California, Berkeley Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 49, Iss…
Analyzing the Trial
A Global Vision of Social Justice
Response
Speaking the Language of Law
Research Article| September 01 2010 Speaking the Language of Law: A Juris-dictional Primer Marianne Constable Marianne Constable University of California, Berkeley [email protected] Marianne Constable is professor of rhetoric at UC Berkeley where she also holds the Zaffaroni Family Chair in Undergraduate Education. She specializes in legal history and philosophy and has authored numerous publications including Just Silences: The Limits and P…
The Predicament of Modern Law
Kunal Parker's Common Law, History, and Democracy in America, 1790–1900: Legal Thought Before Modernism shows how nineteenth‐century thinkers thought about law and history differently than do post‐Holmesian modernist sociolegal scholars, whose ahistorical law appears contingent on politics, power, or will. Understanding time and history to be essential to law, nineteenth‐century jurists conceived of a common law that was able to work with and to …
Ben Golder Foucault and the Politics of Rights. Stanford
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Law (26 works) · Political science (26 works) · Sociology (23 works) · Law in Society and Culture (22 works) · Law (17 works) · Philosophy (15 works) · Computer Science (10 works) · Philosophy (9 works) · Jury Decision Making Processes (8 works) · Politics (8 works)