Can Israel be both Jewish and democratic?

Transformative Justice, Leora Bilsky's landmark study of Israeli political trials, poses this deceptively simple question. The four trials that she analyzes focus on identity, the nature of pluralism, human rights, and the rule of law-issues whose importance extends far beyond Israel's borders. Drawing on the latest work in philosophy, law, history, and rhetoric, Bilsky exposes the many narratives that compete in a political trial and demonstrates how Israel's history of social and ideological conflicts in the courtroom offers us a rare...

"What is most extraordinary about Ben Fleury-Steiner's book is that it seeks to shed light on the 'black box' of capital jury deliberations. Based on a remarkable social science survey of persons who served on capital juries, this volume illuminates the workings of the most closely guarded secret in the criminal justice system."
-David Cole, from the Foreword
"Perhaps the most powerful, routinely enacted civic ritual in American public life is that of capital punishment. This state-sanctioned extirpation of human life in the collective pursuit of justice is a searing act of civic...

Presents an argument that the educational system is the subject of legislative punishment and the instrument of punishment for children. This book analyzes the connections between a culture of economic punishment of schools and the imposition of punitive controls as a vicious cycle that creates fear and develops passive and dependent citizens.

Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice.
Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important...

"War stories" is the phrase used by academic lawyers to disparage the ways practicing lawyers talk about their experiences. Gary Bellow and Martha Minow in Law Stories have gathered a group of stories that explore the actual experiences of clients and lawyers in concrete legal contexts.
The essays in Law Stories are all first-person accounts of law problems and the way they were handled, written by lawyers involved in the problems. They offer the voice and insight of the self-reflective practitioner. As such they provide us with a dimension missing from many third-person...

In Curating Community: Museums, Constitutionalism, and the Taming of the Political, Stacy Douglas challenges the centrality of sovereignty in our political and juridical imaginations. Creatively bringing together constitutional, political, and aesthetic theory, Douglas argues that museums and constitutions invite visitors to identify with a prescribed set of political constituencies based on national, ethnic, or anthropocentric premises. In both cases, these stable categories gloss over the radical messiness of the world and ask us to conflate representation with democracy. Yet the...

The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining the issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history.
Leora Bilsky argues class action litigation and...