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The Violence Of Law
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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.
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 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 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:
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.
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.
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.
Book Synopsis Domestic Violence Law by : Nancy K. D. Lemon
Download or read book Domestic Violence Law written by Nancy K. D. Lemon and published by West Academic Publishing. This book was released on 2005 with total page 1159 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Bloomsbury Publishing. This book was released on 2010-03-23 with total page 368 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-).
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.
Book Synopsis Violence and Law in the Modern Age by : Antonio Cassese
Download or read book Violence and Law in the Modern Age written by Antonio Cassese and published by . This book was released on 1988 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkable and thoughtful book examines some of the most shattering events in recent history, from the annihilation of Hiroshima and Nagasaki to mass murder in Sabra and Shatila, from the hijacking of the "Achille Lauro" to torture and murder by officials of the state. In each case Cassese tries to understand why states--Nietzsche's "cold-hearted monsters"--acted as they did, and what this bodes for the future. Cassese also raises questions of a more general legal and political kind: why do states use force with impunity? Is the first use of nuclear weapons prohibited by international law? Should one obey superior orders and perform a criminal act, as Abraham was prepared to do, or should one respect the moral laws of one's people, as Antigone did? The picture of world events presented here is vivid, and Cassese's analysis is clear and provocative. This is a book not only for students of politics, law, and international affairs, but also for general readers who wish to observe the actions of the state with as much objectivity as possible.
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.
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.
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 2019-11-11 with total page 0 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.
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 Violence and Law in the Modern Age by : Antonio Cassese
Download or read book Violence and Law in the Modern Age written by Antonio Cassese and published by . This book was released on 1988 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkable and thoughtful book examines some of the most shattering events in recent history, from the annihilation of Hiroshima and Nagasaki to mass murder in Sabra and Shatila, from the hijacking of the "Achille Lauro" to torture and murder by officials of the state. In each case Cassese tries to understand why states--Nietzsche's "cold-hearted monsters"--acted as they did, and what this bodes for the future. Cassese also raises questions of a more general legal and political kind: why do states use force with impunity? Is the first use of nuclear weapons prohibited by international law? Should one obey superior orders and perform a criminal act, as Abraham was prepared to do, or should one respect the moral laws of one's people, as Antigone did? The picture of world events presented here is vivid, and Cassese's analysis is clear and provocative. This is a book not only for students of politics, law, and international affairs, but also for general readers who wish to observe the actions of the state with as much objectivity as possible.
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
