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Justice Law And Violence
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Book Synopsis Law, Violence, and the Possibility of Justice by : Austin Sarat
Download or read book Law, Violence, and the Possibility of Justice written by Austin Sarat and published by Princeton University Press. This book was released on 2018-06-05 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law punishes violence, yet law depends on violence. In this book, a group of leading interdisciplinary legal scholars seeks to map the inexorable but unstable relationship of law to violence. What does it mean to talk about the violence of law? Do high incarceration rates and increased reliance on capital punishment indicate that U.S. law is growing more violent at a time when violence is being restrained in other legal systems? How is the violence of law represented in popular culture and does this affect law's actual legitimacy? Does violence express or distort the essence of law? Does law's violence serve justice? In deeply original essays, the authors build on the seminal work of Robert Cover--one of the few legal scholars ever to consider the question of law and violence. In striving to situate his insights within current political, social, economic, and cultural contexts, they contemplate diverse and interrelated subjects surrounding the theme of law and violence. Among these are the purpose of law as punishment, the increasing number of executions in the United States, prison violence, racial disparity in sentencing, and the meaning of torture. The result is a remarkable volume that stimulates us to reconsider connections that we too often leave unexplored. In addition to the editor, the contributors are Marianne Constable, Peter Fitzpatrick, Thomas R. Kearns, Peter Rush, Jonathan Simon, Shaun McVeigh, and Alison Young.
Book Synopsis A Pattern of Violence by : David Alan Sklansky
Download or read book A Pattern of Violence written by David Alan Sklansky and published by Harvard University Press. This book was released on 2021-03-23 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.
Book Synopsis Justice, Law, and Violence by : James B. Brady
Download or read book Justice, Law, and Violence written by James B. Brady and published by . This book was released on 1991-01-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Color of the Law by : Gail Williams O'Brien
Download or read book The Color of the Law written by Gail Williams O'Brien and published by Univ of North Carolina Press. This book was released on 2011-02-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: On February 25, 1946, African Americans in Columbia, Tennessee, averted the lynching of James Stephenson, a nineteen-year-old, black Navy veteran accused of attacking a white radio repairman at a local department store. That night, after Stephenson was safely out of town, four of Columbia's police officers were shot and wounded when they tried to enter the town's black business district. The next morning, the Tennessee Highway Patrol invaded the district, wrecking establishments and beating men as they arrested them. By day's end, more than one hundred African Americans had been jailed. Two days later, highway patrolmen killed two of the arrestees while they were awaiting release from jail. Drawing on oral interviews and a rich array of written sources, Gail Williams O'Brien tells the dramatic story of the Columbia "race riot," the national attention it drew, and its surprising legal aftermath. In the process, she illuminates the effects of World War II on race relations and the criminal justice system in the United States. O'Brien argues that the Columbia events are emblematic of a nationwide shift during the 1940s from mob violence against African Americans to increased confrontations between blacks and the police and courts. As such, they reveal the history behind such contemporary conflicts as the Rodney King and O. J. Simpson cases.
Book Synopsis Violence, Law and the Impossibility of Transitional Justice by : Catherine Turner
Download or read book Violence, Law and the Impossibility of Transitional Justice written by Catherine Turner and published by Routledge. This book was released on 2016-07-07 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.
Download or read book Law's Violence written by Austin Sarat and published by University of Michigan Press. This book was released on 2009-11-12 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In bringing together accomplished and thoughtful scholars of different disciplines, with a command of literature ranging from the legal to the literary, and in relating the works to the central arguments of the late Professor Robert Cover, Sarat and Kearns have created a first-rate up-to-date exposition of this important and complicated issue, namely, how to understand better the violence implicit and explicit in law.--Legal Studies Forum The relationship between law and violence is made familiar to us in vivid pictures of police beating suspects, the large and growing prison population, and the tenacious attachment to capital punishment in the United States. Yet the link between law and violence and the ways that law manages to impose pain and death while remaining aloof and unstained are an unexplored mystery. Each essay in this volume considers the question of how violence done by and in the name of the law differs from illegal or extralegal violence--or, indeed, if they differ at all. Each author draws on a distinctive disciplinary tradition-- literature, history, anthropology, philosophy, political science, or law. Yet each reminds us that law, constituted in response to the metaphorical violence of the state of nature, is itself a doer of literal violence. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Book Synopsis Keeping Hold of Justice by : Jennifer Balint
Download or read book Keeping Hold of Justice written by Jennifer Balint and published by University of Michigan Press. This book was released on 2020-02-17 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.
Book Synopsis Imagining a Greater Justice by : Samuel H. Pillsbury
Download or read book Imagining a Greater Justice written by Samuel H. Pillsbury and published by Routledge. This book was released on 2019-01-11 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Book Synopsis Human Rights & Gender Violence by : Sally Engle Merry
Download or read book Human Rights & Gender Violence written by Sally Engle Merry and published by University of Chicago Press. This book was released on 2009-07-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.
Download or read book Doing Justice written by Preet Bharara and published by Vintage. This book was released on 2019-03-19 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: *A New York Times Bestseller* An important overview of the way our justice system works, and why the rule of law is essential to our survival as a society—from the one-time federal prosecutor for the Southern District of New York, and host of the Doing Justice podcast. Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, he argues, we must also acknowledge and allow for flaws both in our justice system and in human nature. Bharara uses the many illustrative anecdotes and case histories from his storied, formidable career—the successes as well as the failures—to shed light on the realities of the legal system and the consequences of taking action. Inspiring and inspiringly written, Doing Justice gives us hope that rational and objective fact-based thinking, combined with compassion, can help us achieve truth and justice in our daily lives. Sometimes poignant and sometimes controversial, Bharara's expose is a thought-provoking, entertaining book about the need to find the humanity in our legal system as well as in our society.
Book Synopsis Arrested Justice by : Beth E. Richie
Download or read book Arrested Justice written by Beth E. Richie and published by NYU Press. This book was released on 2012-05-22 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illuminates the threats Black women face and the lack of substantive public policy towards gendered violence Black women in marginalized communities are uniquely at risk of battering, rape, sexual harassment, stalking and incest. Through the compelling stories of Black women who have been most affected by racism, persistent poverty, class inequality, limited access to support resources or institutions, Beth E. Richie shows that the threat of violence to Black women has never been more serious, demonstrating how conservative legal, social, political and economic policies have impacted activism in the U.S.-based movement to end violence against women. Richie argues that Black women face particular peril because of the ways that race and culture have not figured centrally enough in the analysis of the causes and consequences of gender violence. As a result, the extent of physical, sexual and other forms of violence in the lives of Black women, the various forms it takes, and the contexts within which it occurs are minimized—at best—and frequently ignored. Arrested Justice brings issues of sexuality, class, age, and criminalization into focus right alongside of questions of public policy and gender violence, resulting in a compelling critique, a passionate re-framing of stories, and a call to action for change.
Book Synopsis Prosecuting Domestic Violence by : Michelle Madden Dempsey
Download or read book Prosecuting Domestic Violence written by Michelle Madden Dempsey and published by OUP Oxford. This book was released on 2009 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a philosophical investigation of the criminal prosecution of domestic violence. It features a theoretical framework for understanding ongoing debates regarding the criminal justice system's response to domestic violence.
Book Synopsis Honor-Based Violence by : Karl Anton Roberts
Download or read book Honor-Based Violence written by Karl Anton Roberts and published by CRC Press. This book was released on 2013-11-25 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honor-based violence (HBV) is a crime committed to protect or defend the honor of a family and/or a community. It is usually triggered by the victim‘s behavior, which the family and/or community regards as causing offense or dishonor. HBV has existed for thousands of years but has only very recently become a focus of law enforcement, policy makers,
Book Synopsis Narrative, Violence, and the Law by : Robert M. Cover
Download or read book Narrative, Violence, and the Law written by Robert M. Cover and published by University of Michigan Press. This book was released on 1992 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essential writings of the leading scholar of law and violence
Book Synopsis Ending Gender-Based Violence by : Hannah E. Britton
Download or read book Ending Gender-Based Violence written by Hannah E. Britton and published by University of Illinois Press. This book was released on 2020-04-16 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: South African women's still-increasing presence in local, provincial, and national institutions has inspired sweeping legislation aimed at advancing women's rights and opportunity. Yet the country remains plagued by sexual assault, rape, and intimate partner violence. Hannah E. Britton examines the reasons gendered violence persists in relationship to social inequalities even after women assume political power. Venturing into South African communities, Britton invites service providers, religious and traditional leaders, police officers, and medical professionals to address gender-based violence in their own words. Britton finds the recent turn toward carceral solutions—with a focus on arrests and prosecutions—fails to address the complexities of the problem and looks at how changing specific community dynamics can defuse interpersonal violence. She also examines how place and space affect the implementation of policy and suggests practical ways policymakers can support street level workers. Clear-eyed and revealing, Ending Gender-Based Violence offers needed tools for breaking cycles of brutality and inequality around the world.
Book Synopsis Reproductive Violence and International Criminal Law by : Tanja Altunjan
Download or read book Reproductive Violence and International Criminal Law written by Tanja Altunjan and published by Springer Nature. This book was released on 2021-03-13 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal framework’s capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victim’s reproductive system. The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it. The book is aimed at researchers and practitioners in the fields of international criminal justice and international human rights law with an interest in gender perspectives on international law, sexualized and gender-based violence, and the discourse on reproductive human rights. Tanja Altunjan is a former researcher at Humboldt-Universität zu Berlin where she obtained her doctoral degree in criminal law.
Book Synopsis Popular Injustice by : Angelina Snodgrass Godoy
Download or read book Popular Injustice written by Angelina Snodgrass Godoy and published by Stanford University Press. This book was released on 2006 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular Injustice focuses on the spread of highly punitive forms of social control (known locally as mano dura) in contemporary Latin America, with a particular focus on lynchings in postwar Guatemala.
