Law and the Stranger (The Amherst Series in Law, Jurisprudence, and Social Thought)

Law calls communities into being and constitutes the "we" it governs. This act of defining produces an outside as well as an inside, a border whose crossing is guarded, maintaining the identity, coherence, and integrity of the space and people within. Those wishing to enter must negotiate a complex terrain of defensive mechanisms, expectations, assumptions, and legal proscriptions. Essentially, law enforces the boundary between inside and outside in both physical and epistemological ways. Law and the Stranger explores the ways law identifies and responds to strangers within and across borders. It analyzes the ambiguous place strangers occupy in communities not their own and reflects on how dealing with strangers challenges the laws and communities that invite or parry them. As the book reveals, strangers are made through law, rather than born through accidents of geography. The Essays Contained In This Book Were Originally Prepared For And Presented As A Seminar Series At Amherst College.--acknowledgments. Negotiating (with) Strangers / Austin Sarat, Lawrence Douglas, And Martha Merrill Umphrey -- Necessary Strangers : Law's Hospitality In The Age Of Transnational Migrancy / Pheng Cheah -- The Strangers In Ourselves : The Rights Of Suspect Citizens In The Age Of Terrorism / Rogers M. Smith -- Strangers Within : The Barghouti And The Bishara Criminal Trials / Leora Bilsky -- Conflict Of Laws And The Legal Negotiation Of Difference / Paul Schiff Berman -- Who's The Stranger? Jews, Women, And Bastards In Daniel Deronda / Hilary M. Schor -- Of Stranger Spaces / Kenji Yoshino. Edited By Austin Sarat, Lawrence Douglas, And Martha Merrill Umphrey. Includes Bibliographical References And Index. Contents......Page 10 Contributors......Page 12 Negotiating (with) Strangers......Page 16 Necessary Strangers: Law’s Hospitality in the Age of Transnational Migrancy......Page 36 The Strangers in Ourselves: The Rights of Suspect Citizens in the Age of Terrorism......Page 80 Strangers Within: The Barghouti and the Bishara Criminal Trials......Page 111 Conflict of Laws and the Legal Negotiation of Difference......Page 156 Who’s the Stranger? Jews, Women, and Bastards in Daniel Deronda......Page 195 Of Stranger Spaces......Page 226 Index......Page 252