The Violence of Law

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Publisher : Cambridge University Press
ISBN 13 : 1108425399
Total Pages : 769 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Violence of Law by : Jens Meierhenrich

Download or read book The Violence of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2024-03-31 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""Lawfare" describes the systematic use and abuse of legal procedure for political ends which, in post-genocide Rwanda, contributed to the making of dictatorship. Jens Meierhenrich explains how and why Paul Kagame's Tutsi-led government in the period 1994-2019 learned to substitute law for war in its consolidation of authoritarian rule"--

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's Violence

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Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 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 . This book was released on 1992-11-09 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVSeven diverse voices probe the use of violence to enforce law and the effect of this use of violence on law /div

Law, Violence, and the Possibility of Justice

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Author :
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.

Law and violence

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Publisher : Manchester University Press
ISBN 13 : 1526105101
Total Pages : 251 pages
Book Rating : 4.5/5 (261 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 Manchester University Press. This book was released on 2018-01-12 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christoph Menke is a third-generation Frankfurt School theorist, and widely acknowledged as one of the most interesting philosophers in Germany today. His lead essay focuses on the fundamental question for legal and political philosophy: the relationship between law and violence. The first part of the essay shows why and in what precise sense the law is irreducibly violent; the second part establishes the possibility of the law becoming self-reflectively aware of its own violence. The volume contains responses by María del Rosario Acosta López, Daniel Loick, Alessandro Ferrara, Ben Morgan, Andreas Fischer-Lescano and Alexander García Düttmann. It concludes with Menke's reply to his critics.

Violence, Law and the Impossibility of Transitional Justice

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Author :
Publisher : Routledge
ISBN 13 : 1317441400
Total Pages : 206 pages
Book Rating : 4.3/5 (174 download)

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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.

Unintended Consequences of Domestic Violence Law

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Publisher : Springer Nature
ISBN 13 : 3030275000
Total Pages : 245 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Unintended Consequences of Domestic Violence Law by : Heather Nancarrow

Download or read book Unintended Consequences of Domestic Violence Law written by Heather Nancarrow and published by Springer Nature. This book was released on 2019-09-07 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the intersection of two current major concerns in Australia: law and justice responses to domestic violence - including harsher punitive measures - and the over-representation of Indigenous Australians in the criminal justice system, which are similar concerns in New Zealand, Canada and the US. Nancarrow re-conceptualises typologies of violence and provides a means of understanding and explaining female use of violence without undermining the hard-won gains of the women’s movement. It does, however, argue for a paradigm shift, which has implications for every aspect of the system we have built to stop men’s violence against women (law, police policy and practice, counselling and advocacy for victims, and interventions for those who perpetrate violence). The book is based on quantitative and qualitative research and explores the nature of Indigenous intimate partner violence and the types of violence that domestic violence law sought to address.

Domestic Violence Law Reform and Women's Experience in Court

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Author :
Publisher : Cambria Press
ISBN 13 : 162196809X
Total Pages : 382 pages
Book Rating : 4.6/5 (219 download)

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Book Synopsis Domestic Violence Law Reform and Women's Experience in Court by :

Download or read book Domestic Violence Law Reform and Women's Experience in Court written by and published by Cambria Press. This book was released on with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Shades of Grey - Domestic and Sexual Violence Against Women

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Author :
Publisher : Routledge
ISBN 13 : 1317815246
Total Pages : 280 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Shades of Grey - Domestic and Sexual Violence Against Women by : Anna Carline

Download or read book Shades of Grey - Domestic and Sexual Violence Against Women written by Anna Carline and published by Routledge. This book was released on 2014-09-19 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing that law must be looked at holistically, this book investigates the ‘hidden gender’ of the so-called neutral or objective legal principles that structure the law addressing violence against women. Adopting an explicitly feminist perspective, it investigates how legal responses to violence against women presuppose, maintain and perpetuate a certain context that may not in fact reflect women’s experiences. Carline and Easteal draw upon relevant legislation, case law and secondary studies from a range of territories, including Australia, England and Wales, the United States, Canada and Europe, to contextualize and critique different policy responses. They go on to examine the potential and limits of law, making recommendations for best practice models of policymaking and law reform. Aiming to help improve government, community and legal responses to women who experience violence, Shades of Grey – Domestic and Sexual Violence Against Women: Law Reform and Society will assist law-makers, academics, policymakers and a wider audience in understanding the complexities of violence against women.

Women, Male Violence, and the Law

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Author :
Publisher : Institute of Criminology, Sydney
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Women, Male Violence, and the Law by : Julie Stubbs

Download or read book Women, Male Violence, and the Law written by Julie Stubbs and published by Institute of Criminology, Sydney. This book was released on 1994 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there currently effective State response to domestic violence? Has the feminist struggle of the last decade made the law more responsive to women's needs and interests? Can this struggle succeed? And for which women? In what situations? What are the possibilities and limits of the law in the context of domestic violence? These issues are addressed by expert lawyers, social scientists, educators and policy makers.

Domestic Violence and International Law

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Publisher : Hart Publishing
ISBN 13 : 9781849463577
Total Pages : 0 pages
Book Rating : 4.4/5 (635 download)

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Book Synopsis Domestic Violence and International Law by : Bonita Meyersfeld

Download or read book Domestic Violence and International Law written by Bonita Meyersfeld and published by Hart Publishing. This book was released on 2012-03-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's breach of its responsibility is in its failure to act effectively in domestic violence cases; and in its silent endorsement of the violence, it becomes complicit. The book seeks to reformulate academic and political debate on domestic violence and the responsibility of states under international law. It is based on empirical data combined with an honest assessment of whether or not domestic violence is recognised by the international community as a human rights violation. 'Domestic Violence in International Law [...] provides an original, provocative, and much needed legal framework for the coherent development of a norm against domestic violence in international human rights law...Dr. Meyersfeld has developed a thoroughgoing analysis that asks and answers the most difficult questions often neglected by academics, lawyers and activists who dismiss the possibility that systemic violence against women could violate international law...Most fundamentally, this book is memorable for the hope and optimism it expresses about the transformative possibilities of international law. For without compromising such intensely human values as privacy, autonomy and cultural identity, Dr. Meyersfeld moves her reader with an abiding conviction: that international law, fueled with the power of transnational actors, can propel public actors to protect abused and vulnerable people in their most private worlds.' From the Foreword by Harold Koh, The Legal Adviser, United States Department of State (2009-).

The Rule of Law: an Alternative to Violence

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Author :
Publisher : Aurora Publishing Incorporated
ISBN 13 :
Total Pages : 642 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Rule of Law: an Alternative to Violence by : United States. Task Force on Law and Law Enforcement

Download or read book The Rule of Law: an Alternative to Violence written by United States. Task Force on Law and Law Enforcement and published by Aurora Publishing Incorporated. This book was released on 1970 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Legal Protection of Women From Violence

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Author :
Publisher : Routledge
ISBN 13 : 1351732838
Total Pages : 228 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis The Legal Protection of Women From Violence by : Rashida Manjoo

Download or read book The Legal Protection of Women From Violence written by Rashida Manjoo and published by Routledge. This book was released on 2018-03-22 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.

International Human Rights Law and Domestic Violence

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1136742085
Total Pages : 191 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis International Human Rights Law and Domestic Violence by : Ronagh J.A. McQuigg

Download or read book International Human Rights Law and Domestic Violence written by Ronagh J.A. McQuigg and published by Taylor & Francis. This book was released on 2011-04-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book examines the effectiveness of international human rights law, through the case study of domestic violence. Domestic violence is an issue that affects vast numbers of women throughout all nations of the world, but as it takes place between private individuals it does not come within the ambit of the traditional interpretation of human rights law. Ronagh J.A. McQuigg questions whether international human rights law can only be effective in a ‘traditional’ case of human rights abuse or whether it can rise to the challenge of being used in relation to issues such as domestic violence. The book focuses primarily on the question of how international human rights law could be used in relation to domestic violence in the United Kingdom. McQuigg considers recent case law from the European Court of Human Rights on domestic violence and whether the UK courts could use the Human Rights Act 1998 to assist victims of domestic violence. The book goes on to look in detail at the statements of the international human rights bodies on domestic violence, with particular focus on those made by the United Nations Committee on the Elimination of Discrimination against Women and the Special Rapporteur on Violence against Women. The book explores the impact that the statements have had so far on the UK government’s policy in relation to domestic violence and discusses how the statements made by the international human rights bodies could be used more effectively by non-governmental organisations, such as human rights groups and women’s groups.

Criminalising Coercive Control

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Publisher : Springer Nature
ISBN 13 : 9811506531
Total Pages : 265 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Criminalising Coercive Control by : Marilyn McMahon

Download or read book Criminalising Coercive Control written by Marilyn McMahon and published by Springer Nature. This book was released on 2020-02-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.

A Pattern of Violence

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Publisher : Harvard University Press
ISBN 13 : 0674248902
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.

Gender-Based Violence, Law, and African Society

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Author :
Publisher : Lexington Books
ISBN 13 : 1666934836
Total Pages : 189 pages
Book Rating : 4.6/5 (669 download)

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Book Synopsis Gender-Based Violence, Law, and African Society by : Abiodun Raufu

Download or read book Gender-Based Violence, Law, and African Society written by Abiodun Raufu and published by Lexington Books. This book was released on 2023-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers contemporary perspectives on the different forms of gender-based violence in Africa through a legal, cultural, and sociological lens.