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Mark S. Weiner

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Mark S. Weiner


Born
Los Angeles, The United States
Genre


I'm writer, scholar, and occasional filmmaker who taught constitutional law and legal history at Rutgers for a spell before beginning a period of extended leave in 2012. I hold an A.B. in American Studies from Stanford University, a Ph.D. in American Studies from Yale University, and a J.D. from Yale Law School.

My first book, Black Trials: Citizenship From the Beginnings of Slavery to the End of Caste (Alfred A. Knopf, 2004), received a Silver Gavel Award from the American Bar Association for its impact on the public understanding of law. My second book, Americans without Law: The Racial Boundaries of Citizenship (NYU Press, 2006), received the President’s Book Award of the Social Science History Association. My third book, The Rule of the
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Mark S. Weiner isn't a Goodreads Author (yet), but they do have a blog, so here are some recent posts imported from their feed.

Mountain Rescue in Translation

This brief essay, drawn from my historical research for “The Volunteers,” the first installment of Hidden Cabinet’s “Tending the Wounded” series, appeared today on the website of the Botstiber Institute for Austrian-American Studies.

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Published on August 25, 2022 15:19
Average rating: 3.8 · 177 ratings · 30 reviews · 8 distinct worksSimilar authors
The Rule of the Clan: What ...

3.75 avg rating — 148 ratings — published 2013 — 6 editions
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Black Trials: Citizenship f...

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Law's Picture Books: The Ya...

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Americans Without Law: The ...

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Klanvälde : från stamsamhäl...

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“The clan is a natural form of social and legal organization—it is far more explicable in human terms than the modern liberal state—and people quickly, reflexively turn to it in the want of an alternative. Left to our own devices, we humans naturally build legal structures based on real or fictive kin ties or social networks that behave much like ancient clans. Our instinctual drives are not only psychological and sexual, but also legal. The impulse is part of who we are as human beings.5”
Mark S. Weiner, The Rule of the Clan: What an Ancient Form of Social Organization Reveals About the Future of Individual Freedom

“Yet, whatever form it takes, the belief that individual freedom exists only when the state is frail misunderstands the source of liberty. The state can be more or less effective in the pursuit of its goals—it can be stupid or smart—and it can be used for illiberal, totalitarian ends. But ultimately a healthy state dedicated to the public interest makes individual freedom possible. This is the paradox of individualism. The individual freedom that citizens of liberal societies rightly cherish, even our very concept of the individual, is impossible without a robust state. Modern individualism depends on the existence of vigorous and effective government dedicated to the public interest, to policies that a majority of citizens would support without regard to their particular position in society at any given moment. It depends as well on the willingness of individual citizens to imagine themselves as members of a common public whose interests the state regularly vindicates.”
Mark S. Weiner, The Rule of the Clan: What an Ancient Form of Social Organization Reveals About the Future of Individual Freedom

“In this book, I therefore invite readers to engage in what might seem to be a contradictory exercise: to consider what societies governed by the rule of the clan can teach citizens of modern liberal democracies. I believe that by examining the rule of the clan and understanding its legal and cultural architecture, including its many positive and compelling features, liberals can gain critical insights for liberalism (by “liberal” I refer to people committed to the values of individualism and the principles of liberal democratic government, regardless of party affiliation). This ancient form of social organization can sharpen our appreciation of the institutional and cultural values necessary to sustain our individualist way of life. We can also learn how best to assist native legal reformers abroad in turning their societies toward more liberal legal arrangements.”
Mark S. Weiner, The Rule of the Clan: What an Ancient Form of Social Organization Reveals About the Future of Individual Freedom



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