people / faculty / Marianne Constable

faculty

Marianne Constable

JD, PhD, UC Berkeley
Professor
Contact
7409 Dwinelle Hall
510-642-2176
constable@berkeley.edu
Research Interests
Legal rhetoric and philosophy
Theories of interpretation
Social and political thought
Anglo-American legal traditions                                                                                                                      Continental philosophy                                                                                                                                Contemporary law and society

Biography

Marianne Constable has published broadly on a range of topics in legal rhetoric and philosophy.  Her book on law and language, entitled "Our Word is Our Bond: How Legal Speech Acts," is currently in press (Stanford University Press, 2014).   She is also working on a book-length manuscript on the "new unwritten law," which ostensibly exonerated women who killed their husbands in Chicago a century ago, as a way of exploring the rhetoric of law and the rhetoric of history.  She is the author of Just Silences: The Limits and Possibilities of Modern Law (2005). Her first book, The Law of the Other: The Mixed Jury and Changes in Conceptions of Citizenship, Law and Knowledge (1994), won the Law and Society Association's J. Willard Hurst Prize in Legal History.

Constable is the author of articles on, among other topics, Foucault and immigration law, Nietzsche and jurisprudence, the rhetoric of "community," the role of law in the liberal arts, Frederick Schauer on rules, Robert Cover on violence, Montesquieu on systems and Vico on legal education. She has co-edited two books on law and society and has served on numerous editorial boards relating to law and humanities and law and society.  

Constable was a Member of the Institute for Advanced Study in Princeton during 2005-06; her awards include the NEH, a prize for undergraduate research mentoring at UCB, the Sarlo Distinguished Graduate Mentoring Award, and the Association for the Study of Law, Culture and the Humanities' James Boyd White Award. She currently holds the Zaffaroni Family Chair in Undergraduate Education and is Chair of the Department of Rhetoric.

Publications:

Books

Our Word is Our Bond:  How Legal Speech Acts (Stanford University Press, in press).

Chicago Husband-Killing and the New Unwritten Law (in progress).

Just Silences: The Limits and Possibilities of Modern Law (Princeton University Press, 2005). Google Books Preview here.

The Law of the Other: The Mixed Jury and Changing Conceptions of Citizenship, Law and Knowledge (University of Chicago Press, 1994). Google Books Preview here.

Edited Collections

Rhetoric of Law, co-edited anthology with Felipe Gutterriez, commissioned by Ashgate Press.

Everyday Practices and Trouble Cases in Law and Society Research
, eds. Austin Sarat, Marianne Constable, David Engel, Valerie Hans, Susan Lawrence (Northwestern University Press, 1998). Google Books Preview here.

Crossing Boundaries: Traditions and Transformations in Law and Society Research, eds. Austin Sarat, Marianne Constable, David Engel, Valerie Hans, Susan Lawrence (Evanston: Northwestern University Press, 1998). Google Books Preview here.

Articles

"Incitement to Justice: Fitzpatrick's Citations as Counter-Imperialism," in Reading Modern Law: Critical Methodologies and Sovereign Formations, eds. Buchanan, Motha, and Pahuja (Routledge/Cavendish, forthcoming 2011).

“Speaking the Language of Law: A Juris-dictional Primer,” English Language Notes (48:2, Fall/Winter 2010, 9-14. Full text available online here.  

"Law as Claim to Justice," UC Irvine Law Review (in press).

"Our Word is Our Bond", ed. Austin Sarat, Speech and Silence in American Law, Cambridge University Press (2010), 18-38. Google Books Preview here.

"Law's Love of Difference: Commentary on James Martel's States of Indifference," Quinnipiac Law Journal (2010) 28:3, 659-667. Full text available online here.

"Learning to Dance with Nietzsche," Feldenkrais Journal (Fall 2009), 3-7.

"This Jurisprudential Moment" ("Commentary") in On Philosophy in American Law, ed. Frances J. Mootz III, Cambridge University Press (2009), 279-284. Full text available online here (UC Berkeley elibrary).

"Conflicts as a Law of Laws?" ("Afterword" to The Return of the Private: Private International Law Meets Global Governance, eds. Karen Knop, Ralf Michaels, Annelise Riles) 71:3 Law and Contemporary Problems (2008), 343-349. Full text available online here.

“On the (Legal) Study Methods of Our Time: Vico Redux,” 83:3 Chicago-Kent Law Review (2008), 1303-1332. Full text available online here.

“Despotic Observation: Montesquieu and the Sociology of Law,” eds. Simona Goi and Frederick M. Dolan, Between Terror and Freedom: Philosophy, Politics, and Fiction Speak of Modernity (Lexington Books, 2006), 195-219. Google Books Preview here.

“Chicago Husband-Killing and the New ‘Unwritten Law’,” TriQuarterly no. 124 (2006), 85-96. Full text available online here.

“The Shuffle of Things: Law and Knowledge in ‘Modern Society’,” Theoretical Inquiries in Law 8:1 (2006), 185-200. Full text available online here.

“On Not Leaving Law to the Lawyers,” ed. Austin Sarat, Legal Scholarship and the Liberal Arts (Cornell Univ. Press, 2004), 69-83. Google Books Preview here.

"The Silence of the Law: Justice in Robert Cover's `Field of Pain and Death'," ed. Austin Sarat, Law, Violence and the Possibilities of Justice (Princeton: Princeton University Press, 2001), 85-100. Google Books Preview here.

"The Rhetoric of Community: Civil Society and the Legal Order," eds. Bryant Garth, Robert Kagan and Austin Sarat, Looking Back at Law's Century: Time, Memory, Change (Cornell University Press, 2001), 213-231. Google Books Preview here.

"The Library at the Turn of the Century," Chronicles of the University of California, no. 4, Fall 2000, 138-156.

"Laying Aside the Law: The Silences of Presumptive Positivism," ed. Linda Meyer, Essays in Honor of Frederick Schauer, (Oxford: Hart Publishing Company, 1999), 61-78.

"Reflections on Law as a Profession of Words," in Bryant Garth and Austin Sarat, eds., Justice and Power in Sociolegal Research (Northwestern University Press, 1998) 19-35. Full text available online here.

"Beyond Legal Positivism: Where the State Ends," in Marijan Pavcnik & Gianfrancesco Zanetti, eds., Legal Systems and Legal Science (Proceedings of the 17th I.V.R. World Congress of International Association of Philosophy of Law and Social Philosophy, ARSP-Beiheft 70:4, Franz Steiner Verlag, 1997), 123-126. 

"The Regents on Race and Diversity: Reflections and Representations," representations 55 (Summer 1996) 92-97. Full text available online here.

"A New Conception of Law?"  Law & Society Review 29:4 (1995) 593-597. Full text available online here.

"Introductory Comment" to Symposium on "The Law's Gaze: Detection, Fiction and the Law," Studies in Law, Politics and Society, vol. 14 (1994) 3-7.

"Genealogy and Jurisprudence: Nietzsche, Nihilism and the Social Scientification of Law," Law and Social Inquiry 19:3 (Summer 1994), 551-590. Full text available online here.

"Droit, sociologie et nihilisme," (a shorter version of "Genealogy and Jurisprudence: Nietzsche, Nihilism and the Social Scientification of Law"), Futur anterieur, no. 19_20 (1993/5_6). Full text available online here.

"Rejoinder: Thinking Nonsociologically about Sociological Law," Law & Social Inquiry, 19:3 (Summer 1994) 625-638. Full text available online here.

"Sovereignty and Governmentality in Modern American Immigration Law," Studies in Law, Politics and Society 13 (1993) 249-271.

"The Modern Jury: Fact and Law in Law and Society," Journal of American Culture, special issue on Law in American Culture, 15:1 (Spring 1992) 37-44. Full text available online here.

"Sociological Justice and Jurisprudential Nihilism," Oxford Journal of Legal Studies 11:1 (Spring 1991) 114-124. Full text available online here.

"Foucault and Walzer: Sovereignty, Strategy, and the State," Polity XXIV (Winter 1991) 269-293. Full text available online here.

"What Books About Juries Reveal About Social Science and Law,"  Law and Social Inquiry 16:2 (Spring 1991) 353-372. Full text available online here.

Book Reviews/Occasional Pieces

Interview by Jill Stauffer in The Believer, October 2010. Full text available online here.

Carol Jacobs: Skirting the Ethical, Modern Philology [accepted 2009; forthcoming]

James Oldham: Trial by Jury: The Seventh Amendment and Anglo-American Special Juries, in American Journal of Legal History 49:4 (2007 publication; 2009 printing). Full text available online here.

“Analyzing the Trial: Interdisciplinary Methods,” participant in panel discussion transcribed for 31:2 PoLAR (Political and Legal Anthropology Review) 303-329 (2008). Full text available online here.

“A Global Vision of Social Justice?”  (on Sally Merry, Human Rights and Gender Violence) in 110:4 American Anthropologist 514-517 (2008). Full text available online here.

Elizabeth Mertz: The Language of Law School: Learning To “Think Like a Lawyer,” in 43:2 Law and Society Review 433-435 (2008). Full text available online here.

“Jury: U.S. Law,” Encyclopedia of Legal History, ed. Stan Katz, Oxford U. Press (2009) 1320-22.

“Rhetoric,” Encyclopedia of Law and Society, ed. David S. Clark, Sage Publications (2007).

“Comments on the Collected Writings of Takao Tanase: Modernism,” Proceedings from the 2005 Sho Sato Conference in Honor of Takao Tanase; published electronically and available here.

Introduction to Symposium on Lloyd Burton, Worship and Wilderness: Culture, Religion and Law in Public Lands Management, in Law & Society Review 39 (2005), 677-679. Full text available online here.

Introduction to Symposium on Robert P. Burns' A Theory of the Trial, in 28 Law and Social Inquiry (2003), 523-526. Full text available online here.

Aviam Soifer, Law and the Company We Keep, in Contemporary Sociology 26:3 (May l997) 362-3. Full text available online here.

Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse, in Contemporary Sociology 22:2 (March 1993) 237-38.

Fred Dolan and Thomas Dumm, eds., Rhetorical Republic: Governing Representations in American Politics, in Qui Parle 7:1 (Fall/Winter 1993) 159-168. Full text available online here.

Catharine A. MacKinnon, Towards a Feminist Theory of the State, in Women & Politics 13:1, 1993, 100-102. Full text available online here.