Each year more than 2 million Americans divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and should clients trust their lawyers to look out for their welfare and advance their long-term interests? Austin Sarat and William L.F. Felstiner's new book, based on a pioneering and intensive study of actual conferences between divorce lawyers and their clients, provides an unprecedented behind-the- scenes description of the lawyer-client relationship, and calls into question much of the conventional wisdom about what divorce lawyers actually do. Divorce Lawyers and Their Clients suggests that most divorces are marked less by a pattern of aggressive advocacy than by one of inaction and drift. It uncovers reasons why lawyers find divorce practice frustrating and difficult and why clients frequently feel dissatisfied with their lawyers. This new work provides a unique perspective on the dynamics of professionalism. It charts the complex and shifting ways lawyers and clients "negotiate" their relationship as they work out the strategy and tactics of divorce. Sarat and Felstiner show how both lawyers and clients are able to draw on resources of power to set the agenda of their interaction, while neither one is fully in charge. Rather, power shifts between the two parties; where it is achieved, power is found in the ability to have one's understandings of the social and legal worlds of divorce accepted. Power then works through the creation of shared meanings. Divorce Lawyers and Their Clients examines the effort to create such shared meanings about the nature of marriage and why marriages fail, the operation of the legal process, and the best way to bring divorces to closure. It will be fascinating reading for anyone who is going through, or has gone through a divorce, as well as for lawyers, judges, and scholars of law and society.

Divorce Lawyers and Their Clients: Power and Meaning in the Legal Process

Sarat, Austin

Felstiner, William L. F.

Criminal Law

Oxford University Press

Each year more than 2 million Americans get divorced, and most of them use a lawyer. In closed-door conversations between lawyers and their clients strategy is planned, tactics are devised, and the emotional climate of the divorce is established. Do lawyers contribute to the pain and emotional difficulty of divorce by escalating demands and encouraging unreasonable behavior? Do they take advantage of clients at a time of emotional difficulty? Can and should clients trust their lawyers to look out for their welfare and advance their long-term interests? Austin Sarat and William L. F. Felstiner's new book, based on a pioneering and intensive study of actual conferences between divorce lawyers and their clients, provides an unprecedented behind-the-scenes description of the lawyer-client relationship, and calls into question much of the conventional wisdom about what divorce lawyers actually do. Divorce Lawyers and Their Clients suggests that most divorces are marked less by a pattern of aggressive advocacy than by one of inaction and drift. It uncovers reasons why lawyers find divorce practice frustrating and difficult and why clients frequently feel dissatisfied with their lawyers. This new work provides a unique perspective on the dynamics of professionalism. It charts the complex and shifting ways lawyers and clients "negotiate" their relationship as they work out the strategy and tactics of divorce. Sarat and Felstiner show how both lawyers and clients are able to draw on resources of power to set the agenda of their interaction, while neither one is fully in charge. Rather, power shifts between the two parties; where it is achieved, power is found in the ability to have one's understandings of the social and legal worlds of divorce accepted. Power then works through the creation of shared meanings. Divorce Lawyers and Their Clients examines the effort to create such shared meanings about the nature of marriage and why marriages fail, the operation of the legal process, and the best way to bring divorces to closure. It will be fascinating reading for anyone who is going through a divorce, or has gone through one, as well as for lawyers, judges, and scholars of law and society.

Family Law

Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society.
 Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile.
 Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. In short, it leaves us with an impoverished democracy.
 The book's powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.

When the State Kills: Capital Punishment and the American Condition.

Politics & Social Sciences

Social Sciences

Princeton University Press

For over thirty years, George Kateb--along with John Rawls, the late Judith Shklar, and Sir Isaiah Berlin--has been one of liberal political theory's most distinctive voices. An eloquent spokesman for the moral dimensions of individual rights and constitutional democracy, he is a fierce critic of statism and communitarianism and a staunch advocate of individualism in the struggle against all forms of paternalism, conformity, and group-think. Kateb's broad concern as a political theorist has been to unveil the cultural, moral, and existential dimensions of constitutionalism in America. The essays in this book are assembled in his honor, but they are not only celebratory; they pay him homage through their authors' effort to understand the fate of democratic individuality in the modern age. John Hollander and Cornel West contribute reflections on Kateb as a person and a political theorist. Dana Villa, Judith Shklar, and Thomas Dumm write on political theory and the claims of democratic individuality. Democratic individuality and the politics of identity are discussed by Tracy Strong, William Connolly, Benjamin Barber, and Leslie Theile; culture, sensibility, and the self, by David Bromwich, Helene Keyssar, Kim Townsend, and George Shulman. Democratic individuality and civic action are the subjects of essays by Amy Gutmann, Jeffrey Abramson, and Austin Sarat.

Liberal Modernism and Democratic Individuality: George Kateb and the Practices of Politics

Philosophy

Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society. Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile. Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. In short, it leaves us with an impoverished democracy. The book's powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and w

When the State Kills: Capital Punishment and the American Condition

On January 11, 2003, Illinois Governor George Ryan--a Republican on record as saying that "some crimes are so horrendous . . . that society has a right to demand the ultimate penalty"--commuted the capital sentences of all 167 prisoners on his state's death row. Critics demonized Ryan. For opponents of capital punishment, however, Ryan became an instant hero whose decision was seen as a signal moment in the "new abolitionist" politics to end killing by the state.
 In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy. Starting from Ryan's controversial decision, Mercy on Trial uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of "lawful lawlessness," it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions.
 From the history of capital clemency in the twentieth century to surrounding legal controversies and philosophical debates about when (if ever) mercy should be extended, Sarat examines the issue comprehensively. In the end, he acknowledges the risks associated with mercy--but, he argues, those risks are worth taking.

Mercy on Trial: What It Means to Stop an Execution

Legal Theory & Systems

This book examines disputes and how some find their way into courts to become cases. It studies cases as they become court decisions and the ultimate impact of these decisions on society. (Part 1 shows what kind of disputes reach court and explains why only some come to trial.. Part 2. examines the roles of litigants, lawyers, judges and jurors. Part 3. Analyzes the role of fact patterns, environment,attitudes, and social background in decision making. Part 4: describes who wins,who loses,and what they get. Tub 10

American Court Systems

Goldman, Sheldon

W.H.Freeman and Company

This volume is part of an annually-published series of interdisciplinary research on law, with a critical focus. Research is invited on a wide range of law-related subjects, including law and inequality, feminist jurisprudence, racial oppression and law, and legal institutions and communities.

Studies in Law, Politics and Society (Studies in Law, Politics, and Society, 16)

Silbey, Susan S.

Silbey

Emerald Publishing Limited

This volume of Studies in Law, Politics, and Society presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. It examines new perspectives on the relationship of law and values and race and the law. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship. TABLE OF CONTENTS: List of contributors; Law and Values: Interpretive freedom and divine law: early rabbinic renderings of divine justice (C. Halberstam); Rawls' law of peoples: an expansion of the prioritization of political over religious values (E. Carpenter); Post modernity and the fading of individual responsibility (J. Krapp); Race in Law; Passing phantasms/sanctioning perfomativities: (re)reading white masculinity in Rhinelander v. Rhine lander (N. Hers); Tortious race, race torts: hate speech, intentional infliction, and the problem of harm (P.L. Rivers); Before or against the law? Citizens' legal beliefs and experiences as death penalty jurors (B. Steiner).

Studies in Law, Politics and Society (Studies in Law, Politics, and Society, 20)

Literature & Fiction

Ewick, Patricia

History & Criticism

See the best price to sell, buy, or rent books by Sarat, Austin. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Sarat, Austin

See the best price to sell, buy, or rent books by Sarat, Austin. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Divorce Lawyers and Their Clients: Power and Meaning in the Legal Process

Divorce Lawyers and Their Clients: Power and Meaning in the Legal Process

When the State Kills: Capital Punishment and the American Condition.

Liberal Modernism and Democratic Individuality: George Kateb and the Practices of Politics

When the State Kills: Capital Punishment and the American Condition

Mercy on Trial: What It Means to Stop an Execution

Mercy on Trial: What It Means to Stop an Execution

American Court Systems

Studies in Law, Politics and Society (Studies in Law, Politics, and Society, 16)

Studies in Law, Politics and Society (Studies in Law, Politics, and Society, 20)