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Articles 1 - 9 of 9
Full-Text Articles in Legal History
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
Cornell Law Faculty Publications
This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …
Heuristics, Biases, And Philosophy, Jeffrey J. Rachlinski
Heuristics, Biases, And Philosophy, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Commenting on Professor Cass Sunstein's work is a daunting task. There is simply so much of it. Professor Sunstein produces scholarship at a rate that is faster than I can consume it. Scarcely an area of law has failed to feel his impact. One cannot today write an article on administrative law, free speech, punitive damages, Internet law, law and economics, separation of powers, or animal rights law without addressing one or more of Sunstein's papers. And his work is typically not a mere footnote. Sunstein has changed how scholars think about each of these areas of law. More broadly, …
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski
Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Legal scholars commonly argue that the widespread presence of cognitive errors in judgment justifies legal intervention to save people from predictable mistakes. Such arguments often fail to account for individual variation in the commission of such errors even though individual variation is probably common. If predictable groups of people avoid making the errors that others commit, then law should account for such differences because those who avoid errors will not benefit from paternalistic interventions and indeed may be harmed by them. The research on individual variation suggests three parameters that might distinguish people who can avoid error: cognitive ability, experience …
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
Cornell Law Faculty Publications
This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists …
Property As Legal Knowledge: Means And Ends, Annelise Riles
Property As Legal Knowledge: Means And Ends, Annelise Riles
Cornell Law Faculty Publications
This article takes anthropologists’ renewed interest in property theory as an opportunity to consider legal theory-making as an ethnographic subject in its own right. My focus is on one particular construct – the instrument, or relation of means to ends, that animates both legal and anthropological theories about property. An analysis of the workings of this construct leads to the conclusion that rather than critique the ends of legal knowledge, the anthropology of property should devote itself to articulating its own means.
Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles
Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles
Cornell Law Faculty Publications
“The Bank of Japan is our mother,” bankers in Tokyo sometimes said of Japan's central bank. Drawing on this metaphor as an ethnographic resource, and on the example of central bankers who sought to unwind their own technocratic knowledge by replacing it with a real-time machine, I retrace the ethnographic task of unwinding technocratic knowledge from those anthropological knowledge practices that critique technocracy. In so doing, I draw attention to special methodological problems—involving the relationship between ethnography, analysis, and reception—in the representation and critique of contemporary knowledge practices.
An Ethnography Of Abstractions?, Annelise Riles
An Ethnography Of Abstractions?, Annelise Riles
Cornell Law Faculty Publications
No abstract provided.
Infinity Within The Brackets, Annelise Riles
Infinity Within The Brackets, Annelise Riles
Cornell Law Faculty Publications
The ethnographic subjects of this article are UN-sponsored international conferences and their legal documents. Drawing upon fieldwork among Fiji delegates at these conferences, in this article I demonstrate the centrality of matters of form, as distinct from questions of “meaning,” in the negotiation of international agreements. A parallel usage of documents and of mats among Fijian negotiators provides a heuristic device for exploring questions of pattern and scale in the aesthetics of negotiation.