Austin Sarat’s research while affiliated with Amherst College and other places

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Publications (104)


AN INTRODUCTION: Law & Illiberalism
  • Chapter

August 2022

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9 Reads

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1 Citation

Lawrence Douglas

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Austin Sarat

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Martha Merrill Umphrey

Twelve notes on Ferguson: Black performance and police power (2018)

January 2022

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6 Reads

Theories of Performance: Critical and Primary Sources offers a comprehensive collection of key writings on a subject which has come to permeate fields as diverse as theatre, comparative literature, philosophy, geography, history, English, science and technology studies, in what has been termed the transdisciplinary ‘performative turn’. The collected essays draw upon writing from these diverse disciplines, together illustrating how performance has become an ever more vibrant and plastic discursive practice. It includes perspectives from regions and disciplines less well-represented in performance theory up to now, including from East Asia and the Middle East, as well as from material sciences and engineering, physics, and education theory. Selections also include indigenous and otherwise politically marginalized perspectives from within and outside the academic field of Performance Studies. Each volume is introduced by the editor and arranged thematically, with writings in chronological sequence so that the development of ideas can be traced within a theme. The set includes 90 essays covering the following major areas: discipline, method, documentation, and body politic. Together the four volumes of Theories of Performance present a major scholarly resource for the field.


Telling the Story of Law’s Infamy: An IntroductionAn Introduction

December 2021

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2 Reads

The language of infamy rarely appears in stories of law’s miscarriages of justice, as bad as they may be. It seems old and out of date. The introduction offers an overview of the history of infamy. It argues for a revival of that idea and its application to egregious legal decisions. It also provides an overview of the chapters in the volume.


Law's Infamy: Understanding the Canon of Bad Law

December 2021

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2 Reads

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2 Citations

Austin Sarat

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Lawrence Douglas

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Martha M. Umphrey

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[...]

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Paul Horwitz

This book addresses whether and how to tell the story of the law’s infamy. Who tells that story? And for what purpose? Is it a consoling story of progress and redemption, or a piercing story of law covering the tracks of its complicity with evil? Law’s Infamy examines when and why the word “infamy” should be used to characterize legal decisions or actions taken in the name of the law. It does so while acknowledging that law’s infamy is by no means a familiar locution. More commonly, the stories we tell of law’s failures talk of injustices not infamy. Labelling a legal decision “infamous” suggests a distinctive kind of injustice, one that is particularly evil or wicked. Doing so means that such a decision cannot be redeemed or reformed; it can only be repudiated.





Ubiquitous Video, Objectivity, and the Problem of Perspective in Digital Visual Evidence
  • Chapter
  • Full-text available

January 2021

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15 Reads

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Citations (36)


... The influence of social movements and defence lawyers has been notably identified, which is essential to understanding the development of human rights jurisprudence (Sarat and Scheingold 1998, 2001. The ability of these groups to impact the human rights implementation of courts depends on the legal culture (symbols, values, etc.) in each country. ...

Reference:

How conservative groups fight liberal values and try to ‘moralize’ the European Court of Human Rights
Cause Lawyering: Political Commitments and Professional Responsibilities
  • Citing Article
  • January 1998

... Reviewed Article 203 morality' (Sarat & Scheingold, 1998: 3) by challenging the central activity of the legal profession, namely the provision of legal services in exchange for payment. This is achieved through amending aspects of the social, political, or economic status quo. ...

Cause Lawyering and the Reproduction of Professional Authority : An Introduction
  • Citing Chapter
  • January 1998

... Societies are generally seen as needing laws and some means of enforcing them, but there is nothing simple about those functions. Sarat et al. (2011) characterize the law as simultaneously being a means of punishment and of regulation. Therein lies a chronic hazard: a law would seem to have little value in either sense unless it is backed up by coercion or its credible threat, and yet that coercion must also be regulated by law. ...

Law as Punishment / Law as Regulation
  • Citing Article
  • August 2011

... In that sense, cause lawyers are said to not only become advocates "for their clients but for causes and, one might say, for their own beliefs" (2004, p. 9). The defining attributes of cause lawyers therefore are moral and/or political commitment (Sarat & Scheingold, 2005). Given this, cause lawyering has been associated with many movements from labor, the environment, consumers to feminism including those opposing poverty and other inequalities. ...

Introduction: The Dynamics of Cause Lawyering: Constraints and Opportunities
  • Citing Chapter
  • July 2005

... Their dual self-identification through a call for justice and the rule of law against autocratic regimes is reinforced by their class position as low-status workers. This runs counter to the worldwide literature on legal professionalism and cause-lawyering, which often views lawyers' professional practice as demobilizing and a source of separation from movements (Sarat & Scheingold, 2006). Alongside several other authors in this Handbook, Khalil shows that even a superficial commitment to the rule of law can be a democratizing force, but also that this is far from a foregone conclusion. ...

What Cause Lawyers Do For, and To, Social Movements: An Introduction
  • Citing Chapter
  • June 2006

... A broad literature on law and film discusses the analogy between formal jurors and viewers of legal films (courtroom drama films and documentaries of real trial proceedings) (Clover, 1998;Panse, 2014;Sarat et al., 2005;Sarat at el., 2019). The viewers-as-jurors encounter the legal system indirectly, through a filmed trial, rather than through physical attendance in courtrooms. ...

On Film and Law: Broadening the Focus
  • Citing Chapter
  • March 2005

... Over the years, there has been an evolution in the punishment policy of countries, especially regarding the death penalty. The death penalty especially in the United States has been the subject of criticism for decades now (1). Throughout its history, state governments have adopted various methods of execution, justifying them as the most civilized and 'human' method of putting their inmates to death. ...

Gruesome Spectacles: Botched Executions and America’s Death Penalty
  • Citing Book
  • January 2014

... When repeated efforts are needed to find a vein for IV injections, or, in some instances, when a venous cut-down is needed to expose a usable vein-a process that is in itself a minor surgery-the sheer violence of the lethal injection process comes into focus. Glimpses of the violence revealed in botched executions, when afforded to witnesses, appear to produce shock and even horror, normal human reactions to violence that are otherwise averted by the sterile lethal injection process (for an historical account of botched executions, see Sarat et al., 2012). Two contemporary examples drawn from a catalog of botched executions provided by Radelet (2010) (1) off the gurney, etc.) that one of the witnesses (male) fainted, crashing into and knocking over another witness. ...

Gruesome Spectacles: The Cultural Reception of Botched Executions in America, 1890-1920

... I never theless believe that, in spite of its inadequacy to reflect the exogamous force delegates embody (the shaman being inherently 'local'), the image of the delegate-shaman cap tures quite well the minimalistic utopia that the ICRC strives to achieve. Indeed, by contrast to the utopian societies imagined by Plato or Thomas More which share con ditions of 'perpetual peace, guaranteed abundance, and conditioned virtue' (Georges Kateb quoted in Sarat et al. 2014: 3), the ICRC does not contemplate the implementa tion of such a holistic form of 'the good' (Bear and Mathur 2015). Rather, its actions are informed by the belief that if Evil cannot be eliminated, it can at least be contained. ...

Law and the Utopian Imagination: An Introduction
  • Citing Chapter
  • May 2014

... 106 The unifying feature of cause lawyering and what differentiates it from traditional lawyering is the embrace by these legal practitioners of the goals of their clients and their dedication to promoting those ends. 107 To be sure, lawyers may have a pluralistic approach to their clients and their causes, pursuing conventional lawyering strategies as well as cause lawyering on behalf of the same clients or over the course of their careers. 108 Some general contrasts to conventional lawyers may be helpful to illustrate the distinctions between the two groups. ...

State Transformation, Globalization, and the Possibilities of Cause Lawyering
  • Citing Chapter
  • November 2001