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Author : Herbert C. Kelman,V. Lee Hamilton Publisher : Yale University Press Page : 408 pages File Size : 40,6 Mb Release : 1989-01-01 Category : Psychology ISBN : 0300048130
Crimes of Obedience by Herbert C. Kelman,V. Lee Hamilton Pdf
Sergeant William Calley's defense of his behavior in the My Lai massacre and the widespread public support for his argument that he was merely obeying orders from a superior and was not personally culpable led Herbert C. Kelman and V. Lee Hamilton to investigate the attitudes toward responsibility and authority that underlie "crimes of obedience"--not only in military circumstances like My Lai but as manifested in Watergate, the Iran-Contra scandal, and the Kurt Waldheim affair. Their book is an ardent plea for the right and obligation of citizens to resist illegal and immoral orders from above.
An Essay on Crimes and Punishments by Cesare Beccaria,Cesare marchese di Beccaria,Voltaire Pdf
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
This book provides an analysis of the two concepts of power and crime and posits that criminologists can learn more about these concepts by incorporating ideas from disciplines outside of criminology. Although arguably a 'rendezvous' discipline, Vincenzo Ruggiero argues that criminology can gain much insight from other fields such as the political sciences, ethics, social theory, critical legal studies, economic theory, and classical literature. In this book Ruggiero offers an authoritative synthesis of a range of intellectual conceptions of crime and power, drawing on the works and theories of classical, as well as contemporary thinkers, in the above fields of knowledge, arguing that criminology can ‘humbly’ renounce claims to intellectual independence and adopt notions and perspectives from other disciplines. The theories presented locate the crimes of the powerful in different disciplinary contexts and make the book essential reading for academics and students involved in the study of criminology, sociology, law, politics and philosophy.
A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current law assumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It excuses compliance with an illegal order unless the illegality - as with flagrant atrocities - would be immediately obvious to anyone. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel suggests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness. Osiel seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He returns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an enlarged role rather than by threat of legal prosecuti
Academic research on state crime has focused on the illegal actions of individuals and organizations (i.e., syndicates and corporations). Interchangeably labeled governmental crime, delinquency, illegality, or lawlessness, official deviance and misconduct, crimes of obedience, and human rights violations, state crime has largely been considered in relation to insurgent violence or threats to national security. Generally, it has been seen as a phenomenon endemic to authoritarian countries in transitional and lesser developed contexts. We need look no further than today's headlines to see the evidence of state crime. Rwanda, where government troops massacred countless Hutus and Tutsis, governmental atrocities in Kosovo, at the hands of the Yugoslavian Army, and East Timor where both individuals and property have been decimated, largely perpetrated by the Indonesian military.The study of how to control state crime has been difficult. There are definitional, conceptual, theoretical, and methodological problems, as well as difficulties in designing of practical methods to abolish, combat, control or resist this type of behavior. Jeffrey Ian Ross reviews these shortcomings, then develops a preliminary model of ways to control state crime. His intention is stimulating scholarly research and debate, but also encouraging progressive-minded policymakers and practitioners who work for governmental and nongovernmental organizations. The hope is that they will reflect upon the methods they advocate or use to minimize state transgressions. This new edition will be of compelling interest to students of political science and criminology, as well as general readers interested in human rights, state crime, and world affairs.
A part of Harper Perennial’s special “Resistance Library” highlighting classic works that illuminate our times: A special edition reissue of Stanley Milgram’s landmark examination of humanity’s susceptibility to authoritarianism. “The classic account of the human tendency to follow orders, no matter who they hurt or what their consequences.” — Washington Post Book World In the 1960s, Yale University psychologist Stanley Milgram famously carried out a series of experiments that forever changed our perceptions of morality and free will. The subjects—or “teachers”—were instructed to administer electroshocks to a human “learner,” with the shocks becoming progressively more powerful and painful. Controversial but now strongly vindicated by the scientific community, these experiments attempted to determine to what extent people will obey orders from authority figures regardless of consequences. “Milgram’s experiments on obedience have made us more aware of the dangers of uncritically accepting authority,” wrote Peter Singer in the New York Times Book Review. With an introduction from Dr. Philip Zimbardo, who conducted the famous Stanford Prison Experiment, Obedience to Authority is Milgram’s fascinating and troubling chronicle of his classic study and a vivid and persuasive explanation of his conclusions.
The Concept of Universal Crimes in International Law by Terje Einarsen Pdf
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.
From animal rights to anti-abortion, from tax resistance to anti-poverty, activists from across the political spectrum often deliberately break the law to further their causes. While not behaviors common to hardened or self-seeking criminals, the staging of civil disobedience, non-violent resistance, and direct action can nevertheless trigger a harsh response from law enforcement, with those arrested risking jail time and criminal records. Crimes of Dissent features the voices of these activists, presenting a fascinating insider’s look at the motivations, costs and consequences of deliberately violating the law as a strategy of social change. Crimes of Dissent provides readers with an in-depth understanding of why activists break the law, and what happens to them when they do. Using dynamic examples, both historic and recent, Jarret Lovell explores how seasoned protesters are handled and treated by the criminal justice system, shedding light on the intersection between the political and the criminal. By adopting the unique vantage of the street-level activist, Crimes of Dissent provides a fascinating view of protest from the ground, giving voice to those who refuse to remain silent by risking punishment for their political actions.
Legal Responses to Transnational and International Crimes by Harmen van der Wilt,Christophe Paulussen Pdf
This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
Boldly breaks new ground in studies of Latin American postdictatorial memories by tackling a taboo topic--civilian complicity with the Pinochet regime--that Chilean society has strategically avoided.
Vices Are Not Crimes A Vindication of Mo by Lysander Spooner Pdf
In the midst of this endless variety of opinion, what man, or what body of men, has the right to say, in regard to any particular action, or course of action, "we have tried this experiment, and determined every question involved in it? We have determined it, not only for ourselves, but for all others? And, as to all those who are weaker than we, we will coerce them to act in obedience to our conclusions? We will suffer no further experiment or inquiry by any one, and, consequently, no further acquisition of knowledge by anybody?"
The SAGE Dictionary of Criminology by Eugene McLaughlin,John Muncie Pdf
Now in its third edition, this bestselling reference text has established itself as the authoritative source covering the key concepts, theories, and methods in criminology and criminal justice. Edited by two of the leading figures in the field, the book is: Comprehensive: with now over 300 entries, the third edition has been updated to include new entries and an expanded editorial introduction Definitive: concepts are precisely defined so students have a clear understanding of the history and development of each topic and debate Student-focused: each entry maps connections across various fields and issues and includes further reading to extend students′ knowledge throughout their studies International: contributions from internationally renowned academics and practitioners ensure that this book is global and comparative throughout This wide-ranging reference and research tool will be an essential companion for students and academics within criminology, criminal justice and legal studies and related fields including sociology, social policy, psychology and cultural studies.
Author : Joseph Sanders,V. Lee Hamilton Publisher : Springer Science & Business Media Page : 388 pages File Size : 53,9 Mb Release : 2007-05-08 Category : Social Science ISBN : 9780306473791
Handbook of Justice Research in Law by Joseph Sanders,V. Lee Hamilton Pdf
Justice—a word of great simplicity and almost frightening scope. When we were invited to edit a volume on justice in law, we joked about the small topic we had been assigned. Often humor masks fear, and this was certainly one of those times. Throughout the project, we found daunting the task of covering even a fraction of the topics that usually fall under the umbrella of justice research in law. Ultimately, the organization of the book emerged from the writing of it. Our introductory chapter provides a road map to how the topics weave together, but as is so often the case it was written last, not ?rst. It was only when we had chapters in hand that we began to see how the many strands of justice research might be woven together. Chapters 2–4 on the basic forms of justice—procedural, retributive, and distributive—are the lynchpin of the volume; they provide the building blocks that permit us to think and write about each of the other substantive and applied chapters in terms of how they relate to the fundamental forms of justice. In the large central section of the volume (Chapters 5–9), the contributors address many ways in which the justice dimensions relate to one another. Most important for law is the relationship of perceptions of procedural justice and the two types of substantive justice—retributive and distributive.