Law's Violence

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Publisher : University of Michigan Press
ISBN 13 : 9780472023783
Total Pages : 276 pages
Book Rating : 4.0/5 (237 download)

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Book Synopsis Law's Violence by : Austin Sarat

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.

Law and Violence

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Publisher :
ISBN 13 : 9781526105073
Total Pages : 239 pages
Book Rating : 4.1/5 (5 download)

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Book Synopsis Law and Violence by : Christoph Menke

Download or read book Law and Violence written by Christoph Menke and published by . This book was released on 2018 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: A interlocution containing a stimulating lead essay on the relationship between law and violence by one of the key third-generation Frankfurt School philosophers, Christoph Menke, and engaged responses by a variety of influential critics.

A Pattern of Violence

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Publisher : Harvard University Press
ISBN 13 : 0674259696
Total Pages : 337 pages
Book Rating : 4.6/5 (742 download)

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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.

Legal Violence and the Limits of the Law

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Publisher : Routledge
ISBN 13 : 1317602102
Total Pages : 192 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Legal Violence and the Limits of the Law by : Amy Swiffen

Download or read book Legal Violence and the Limits of the Law written by Amy Swiffen and published by Routledge. This book was released on 2017-08-10 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.

Ohio Domestic Violence Law

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Publisher :
ISBN 13 : 9780314625823
Total Pages : pages
Book Rating : 4.6/5 (258 download)

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Book Synopsis Ohio Domestic Violence Law by : Ronald B. Adrine

Download or read book Ohio Domestic Violence Law written by Ronald B. Adrine and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Violence Against Women and the Law

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Publisher : Routledge
ISBN 13 : 1317249607
Total Pages : 204 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Violence Against Women and the Law by : David L Richards

Download or read book Violence Against Women and the Law written by David L Richards and published by Routledge. This book was released on 2015-11-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the strength of laws addressing four types of violence against women--rape, marital rape, domestic violence, and sexual harassment--in 196 countries from 2007 to 2010. It analyzes why these laws exist in some places and not others, and why they are stronger or weaker in places where they do exist. The authors have compiled original data that allow them to test various hypotheses related to whether international law drives the enactment of domestic legal protections. They also examine the ways in which these legal protections are related to economic, political, and social institutions, and how transnational society affects the presence and strength of these laws. The original data produced for this book make a major contribution to comparisons and analyses of gender violence and law worldwide.

The Law of Love and The Law of Violence

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Publisher : Courier Corporation
ISBN 13 : 0486113132
Total Pages : 130 pages
Book Rating : 4.4/5 (861 download)

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Book Synopsis The Law of Love and The Law of Violence by : Leo Tolstoy

Download or read book The Law of Love and The Law of Violence written by Leo Tolstoy and published by Courier Corporation. This book was released on 2012-04-04 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise articulates Tolstoy's famous dictum that it is morally superior to suffer violence than to do violence — a philosophy that has inspired Gandhi, Martin Luther King, Jr., and countless others.

Law, Violence, and the Possibility of Justice

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Publisher : Princeton University Press
ISBN 13 : 0691187541
Total Pages : 188 pages
Book Rating : 4.6/5 (911 download)

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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.

Slave Patrols

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Publisher : Harvard University Press
ISBN 13 : 0674012348
Total Pages : 353 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Slave Patrols by : Sally E. Hadden

Download or read book Slave Patrols written by Sally E. Hadden and published by Harvard University Press. This book was released on 2003-10-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Obscured from our view of slaves and masters in America is a critical third party: the state, with its coercive power. This book completes the grim picture of slavery by showing us the origins, the nature, and the extent of slave patrols in Virginia and the Carolinas from the late seventeenth century through the end of the Civil War. Here we see how the patrols, formed by county courts and state militias, were the closest enforcers of codes governing slaves throughout the South. Mining a variety of sources, Sally Hadden presents the views of both patrollers and slaves as she depicts the patrols, composed of “respectable” members of society as well as poor whites, often mounted and armed with whips and guns, exerting a brutal and archaic brand of racial control inextricably linked to post–Civil War vigilantism and the Ku Klux Klan. City councils also used patrollers before the war, and police forces afterward, to impose their version of race relations across the South, making the entire region, not just plantations, an armed camp where slave workers were controlled through terror and brutality."

A Troubled Marriage

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Publisher : NYU Press
ISBN 13 : 1479858579
Total Pages : 264 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis A Troubled Marriage by : Leigh Goodmark

Download or read book A Troubled Marriage written by Leigh Goodmark and published by NYU Press. This book was released on 2013-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice's Outstanding Academic Title list for 2013 The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement’s greatest triumphs. But, Leigh Goodmark argues, the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state’s priorities for women’s goals. A Troubled Marriage is a provocative exploration of how the legal system’s response to domestic violence developed, why that response is flawed, and what we should do to change it. Goodmark argues for an anti-essentialist system, which would define abuse and allocate power in a manner attentive to the experiences, goals, needs and priorities of individual women. Theoretically rich yet conversational, A Troubled Marriage imagines a legal system based on anti-essentialist principles and suggests ways to look beyond the system to help women find justice and economic stability, engage men in the struggle to end abuse, and develop community accountability for abuse.

State Violence and the Execution of Law

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Publisher : Routledge
ISBN 13 : 0415529743
Total Pages : 243 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis State Violence and the Execution of Law by : Joseph Pugliese

Download or read book State Violence and the Execution of Law written by Joseph Pugliese and published by Routledge. This book was released on 2013 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: State Violence and the Execution of Law examines how law plays a fundamental role in enabling state violence and, specifically, torture, secret imprisonment, and killing-at-a-distance.

Law, Violence and Sovereignty Among West Bank Palestinians

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Publisher : Cambridge University Press
ISBN 13 : 1139460994
Total Pages : 182 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Law, Violence and Sovereignty Among West Bank Palestinians by : Tobias Kelly

Download or read book Law, Violence and Sovereignty Among West Bank Palestinians written by Tobias Kelly and published by Cambridge University Press. This book was released on 2006-12-14 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Oslo Peace Process has given way to the violence of the second intifada, this book explores the continuing legacy of Oslo in the everyday life of the Israeli-Palestinian conflict. Taking a perspective that sees the Israeli-Palestinian conflict as a conflict over the distribution of legal rights, it focuses on the daily concerns of West Bank Palestinians, and explores the meanings, limitations and potential of legal claims in the context of the region's structures of governance. Kelly argues that fundamental contradictions in the process through which the West Bank has been ruled and misruled have resulted in an unstable mixture of legality, fear and uncertainty. Based on long term ethnographic fieldwork, this book provides an insight into how the wider Middle East conflict manifests itself through the daily encounters of ordinary Israelis and Palestinians, offering an evocative and theoretically informed account of the relationship between law, peace-building and violence.

Normal Life

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Publisher : Duke University Press
ISBN 13 : 082237479X
Total Pages : 240 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Normal Life by : Dean Spade

Download or read book Normal Life written by Dean Spade and published by Duke University Press. This book was released on 2015-07-13 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.

The Color of the Law

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Publisher : Univ of North Carolina Press
ISBN 13 : 0807882305
Total Pages : 352 pages
Book Rating : 4.8/5 (78 download)

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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.

Women, Intimate Partner Violence, and the Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0190071788
Total Pages : 313 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Women, Intimate Partner Violence, and the Law by : Heather Douglas

Download or read book Women, Intimate Partner Violence, and the Law written by Heather Douglas and published by Oxford University Press, USA. This book was released on 2021 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores how women from diverse backgrounds interact with the law in response to intimate partner violence, over time. Every year, millions of women globally turn to law to help them live lives free and safe from violence. Women engage with child protection services and police. They apply for civil protection orders and family court orders to help them manage their children's contact with a violent father, and take special visa pathways to avoid deportation following separation from an abuser. Women are often compelled to interact with law, through their abuser's myriad legal applications against them. While separation may seem like a solution, it often accelerates legal engagement providing new opportunities for continued abuse. Countless women who have experienced Intimate Partner Violence are enmeshed in overlapping, complex and often inconsistent legal processes. They have both fleeting and longer-term connections with legal system actors. Their stories demonstrate how abusers harness multiple aspects of the legal process, and its actors, to continue their abuse. They highlight the regular failure of legal processes and actors to comprehend the significance of non-physical abuse. Women show how legal system actors' common expectation that separation is a single event, rather than a process, has implications for their connections with law and the outcomes they achieve. From time to time, the women in this study attained the safety and closure they sought from law, sometimes in circular and unexpected ways, but their narratives demonstrate the level of endurance, tenacity and time this often required"--

Law, Memory, Violence

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Publisher : Routledge
ISBN 13 : 1317569210
Total Pages : 254 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Law, Memory, Violence by : Stewart Motha

Download or read book Law, Memory, Violence written by Stewart Motha and published by Routledge. This book was released on 2016-02-22 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.

Narrative, Violence, and the Law

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Author :
Publisher : University of Michigan Press
ISBN 13 : 9780472064953
Total Pages : 310 pages
Book Rating : 4.0/5 (649 download)

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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