Law Commons^™

Theatrical Jurisprudence And The Imaginary Lives Of Law In Pre-1945 Australia, Marett Leiboff

Faculty of Law, Humanities and the Arts - Papers (Archive)

If there is anything like an imagined pre-1945 past in Australia, it is one steeped in an Anglophone legal ascendancy. But this is an imaginary past in so many ways. Non-British Europeans came to Australia long before 1945. These earlier Europeans were marked by differences of voice and face, but were eager British subjects, as likely to actively take advantage of law as they were to be subjected to its strictures. By theatricalising their ordinary and extraordinary legal lives through archive and memory, we are reminded that there is more to law of the South than formal accounts which have …

Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee

All Faculty Scholarship

Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …

Law And Artifice In Blackstone's Commentaries, Jessie Allen

Articles

William Blackstone is often identified as a natural law thinker for whom property rights were preeminent, but reading the Commentaries complicates that description. I propose that Blackstone’s concept of law is more concerned with human invention and artifice than with human nature. At the start of his treatise, Blackstone identifies security, liberty and property as “absolute” rights that form the foundation of English law. But while security and liberty are “inherent by nature in every individual” and “strictly natural,” Blackstone is only willing to say that “private property is probably founded in nature.” Moreover, Blackstone is clear that there is …

D.H. Lawrence's Plural Jurisprudence: An Enquiry Into Desmond Manderson's Post-Positivist 'Law And Literature', Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

The border means more than a customs house, a passport officer, a man with a gun. Over there everything is going to be different; life is never going to be quite the same again after your passport has been stamped and you find yourself speechless among the money-changers.

Graham Greene, The Lawless Roads

This article draws on Desmond Manderson's theorisation of ‘law and literature’ in order to undertake a jurisprudential reading of the last two ‘leadership novels’ that D.H. Lawrence published in the 1920s: Kangaroo and The Plumed Serpent. This reading demonstrates the strengths and weaknesses in Manderson's methodology while …