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Criminal Law, Cases and Materials (American Casebook Series) by Cynthia Lee, Angela Harris
Book Summary InformationAuthor: Angela Harris, Cynthia Lee Edition: Hardcover Audio: English (Original Language); English (Unknown); English (Published) Published: 2005-03 ISBN: 0314151281 Number of pages: 1282 Publisher: West Group Publishing
Book Reviews of Criminal Law, Cases and Materials (American Casebook Series)Book Review: Good casebook, but not for reactionaries Summary: 4 StarsThe reviews here that attack Lee and Harris for being "radical," "leftist," and "feminist" ignore the fact that this casebook includes the same seminal cases as any other decent criminal law book, with the bonus of including several cases and discussions not to be found in most.
Every law class has a group of people who hem and haw and roll their eyes every time the word "race," "class," or "gender" is mentioned. They say things like "if they want to teach that, let them teach a class on it, we need to know what the law really IS." This completely ignores the fact that these authors are trying to recontextualize criminal law to enable students to understand it for what it really is. Instead of showing it as a pristine gem of various threads of common law, they show it to be a conflicted, flawed, at times brilliant, at times horrific, but always ever-evolving area of law.
Would the people complaining about Lee & Harris mind if a casebook included an article by Posner about how crime is basically due to constraints on the market? Probably not -- and yet such a position would actually be far more radical than what's in here.
The fallacy of attacks such as those in some of the reviews here is that they claim that all they're saying is that they want to know what the law really IS, etc. since they're supposed to be learning something practical. The truth is that if you want to be a successful attorney, you need to know everything that may influence your case, your judge, your client, the system, etc. It's ridiculous to think that law somehow exists in a bubble. If you go up to a judge and start spouting falsely-clear legal principles with no real understanding of the historical, social, and theoretical context in which they exist/which they have constructed, then you will not make a good impression and your client will suffer as a result.
I don't know if this is a perfect casebook. But I do encourage professors to give it a chance before dismissing it in the way that some reviewers here have.
Summary of Criminal Law, Cases and Materials (American Casebook Series)In this criminal law casebook, Angela Harris, Boalt Hall School of Law, U.C. Berkeley, and author of Gender and Law: Theory, Doctrine, Commentary with Katherine Bartlett (1998) and Race and Races: Cases and Resources for a Diverse America with Juan Perea, Richard Delgado and Stephanie Wildman (2000), and Cynthia Lee, The George Washington University Law School and author of Murder and the Reasonable Man (NYU Press 2003), offer a refreshingly critical perspective on the well-established substantive criminal law. Harris and Lee highlight issues regarding race, gender and sexual orientation to an extent unparalleled in most of the existing criminal law casebooks, offering the criminal law professor who wishes to engage students in such issues the opportunity to do so without burdening them with additional supplemental material. The casebook offers lightly-edited cases for fuller contextual background and discussion, and introductory text to provide students with a road map of the cases which follow.
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