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A New Biography of Gandhi

Posted: 05 Jun 2013 08:13 AM PDT

Charles Richard DiSalvo, West Virginia University College of Law, is publishing M. K. Gandhi, Attorney at Law: The Man Before the Mahatma with the University of California Press (Fall 2013). Here is the abstract.
Students of Gandhi have long recognized that there exists a significant gap in the Gandhi scholarship. None of Gandhi's many biographers has focused on Gandhi's extensive practice of law. Similarly, scholars have not examined Gandhi's experience in the law as a critical factor contributing to the development of his philosophy and practice of nonviolence. This book takes up those tasks. Using previously unexamined archival materials, it brings to light for the first time Gandhi's ultimately unsuccessful attempt to use the courts to defend Indian rights. It argues that Gandhi's subsequent disillusionment with litigation as a tool for justice and social change led him to experiment with a new approach — nonviolent civil disobedience.
The book does not conclude that Gandhi abandoned his faith in the rule of law. Rather, it concludes that he discovered within the law the grand dynamic that converts disobedience to change — change even in the law itself.
As it makes this argument, the book does not ignore the person of Gandhi. It demonstrates that it was the practice of law that allowed Gandhi to transform himself from a shy and awkward youth into the competent and confident public person who would later lead India to freedom.
The appendix for the book is available at the following URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2268724.
The complete endnotes for the book are available at the following URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2268712.
The full text is not available from SSRN.

African-American Feminist Theory

Posted: 05 Jun 2013 08:10 AM PDT

Kristie Dotson, Michigan State University Department of Philosophy, has published Knowing in Space: Three Lessons from Black Women's Social Theory in the January/June issue of labrys, études féministes/estudos feministas.

In attempting to create a US Black feminist philosophy, I have uncovered three lessons in US Black women's social theory.
They are the following: 1) oppression is a multistable, social phenomenon; 2) many US Black women identify occupying a negative, socio-epistemic space as part of their experience of oppression; and 3) addressing oppression for many Black women will require grappling with politics of social spatiality. These insights are by no means new. However, the fact that these tropes can be identified in almost 200 years of Black women's social theory in the US is far more distinctive than many allow.Download the article from SSRN at the link. 

Jeremy Waldron and Jus Gentium

Posted: 05 Jun 2013 08:04 AM PDT

Kevin Toh, San Francisco State University, is publiishing Legal Relativism and Jus Gentium in the APA Newsletter. Here is the abstract.

In "Partly Laws Common to All Mankind," Jeremy Waldron advocates what could be called "the doctrine of jus gentium," according to which, roughly, courts sitting in one country must give some weight in their legal deliberations to some principles that have been accepted or adopted by the legal systems of many other countries. Waldron's arguments for this doctrine raise questions and worries about exactly what the content of the doctrine is, and what justification could be offered for it. Several different versions of the doctrine come into the picture as Waldron argues for jus gentium, and while some versions are plausible, some others are not. Unfortunately, the most plausible of the versions seems to be excluded by Waldron's commitment to a Dworkinian conception of the nature of law. This paper ends up recommending that Waldron drop his commitment to that conception of the nature of law in favor of the plausible version of the doctrine of jus gentium.
This paper is a contribution to a symposium on Jeremy Waldron's work organized by the American Philosophical Association. A revised version will be published in a forthcoming issue of the APA Newsletter on Philosophy and Law, with Waldron's reply.
Download the full text of the essay from SSRN at the link. 

Comparative Popular Culture Images of Lawyers

Posted: 05 Jun 2013 07:59 AM PDT

Lorin Geitner, Claremont Graduate University, has published Social Architecture and the Law: Law, Through the Lens of Religion. Here is the abstract.
How can we account for the differing popular images of attorney in various countries? One way of doing so may be to bring a paradigm developed in religious studies to examine the most publically accessible and prototypical venue for attorneys, the courtroom. Specifically, applying the model of critical spatial studies developed by Lefebvre and Soja in order to examine religious ritual space to bear on a different kind of ritual space, the courtroom, its structure, organization, and use may illuminate both societal understandings of how the law relates to the citizen, but also inform the differing perception and status of lawyers in the United States, Britain, and China.
 Download the full text of the paper from SSRN at the link.
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