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Just Silences


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Table of Contents

Acknowledgments ix Prologue: Signs of Silence 1 Chapter One: The Rhetoric of Modern Law 8 Chapter Two: The Naming of Law: Sociolegal Studies and Political Voice 45 Chapter Three: What Voice Is This? 74 Chapter Four: Flags, Words, Laws, and Things 93 Chapter Five: Behind the Rules 111 Chapter Six: The "Field of Pain and Death" 132 Chapter Seven: Brave New Words: The Miranda Warning as Speech Act 149 Conclusion 175 Epilogue 179 Appendix 1 181 Appendix 2 182 Works Cited 185 Index 199

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Just Silences is an entirely novel contribution, challenging current sociolegal scholars to think about whether they have ignored the question of justice in their focus on law and power. It will undoubtedly attract attention and spark debate, which cannot help but be a healthy impetus to questioning and growth in the field. -- Elizabeth Mertz, University of Wisconsin Law School and Senior Research Fellow, American Bar Foundation Just Silences is truly a work of astounding brilliance. It has influenced my thinking about my field permanently. Constable has a way of backing you into really extraordinary insights about the contemporary legal culture we occupy, and the project of knowledge and power that so many of us in sociolegal studies are engaged in. Her book will echo in discussions across a broad intersection of law, the humanities, and social science. -- Jonathan Simon, Professor of Law, University of California, Berkeley, coauthor of "Cultural Analysis, Cultural Studies, and the Law"

About the Author

Marianne Constable is Professor of Rhetoric at the University of California, Berkeley. Her previous book, "The Law of the Other: The Mixed Jury and Changing Conceptions of Citizenship, Law, and Knowledge", won the J. Willard Hurst Prize in Legal History.


"Referencing Nietzsche, Heidegger, and Foucault, this thought-provoking book shows that the history of Western jurisprudence until the era of Utilitarianism dealt with the relationship of law to justice, of the temporal to the eternal... Marianne Constable seems to suggest that moments of contemplation enable us to be grasped by the justice of transcendence."--Choice "[Just Silences] is a probing recognition and response to the 'social fact' that now 'law is power.'"--Linda Ross Meyer, Law and Literature

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