Law And Violence

Author : Amy Swiffen,Joshua Nichols
Publisher : Routledge
Page : 192 pages
File Size : 43,7 Mb
Release : 2017-08-10
Category : Law
ISBN : 9781317602101

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Legal Violence and the Limits of the Law by Amy Swiffen,Joshua Nichols Pdf

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.

Author : Christoph Menke,Alessandro Ferrara
Publisher : Unknown
Page : 239 pages
File Size : 54,9 Mb
Release : 2018
Category : Philosophy
ISBN : 1526105071

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Law and Violence by Christoph Menke,Alessandro Ferrara Pdf

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.

Author : Austin Sarat
Publisher : Princeton University Press
Page : 188 pages
File Size : 53,5 Mb
Release : 2018-06-05
Category : Law
ISBN : 9780691187549

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Law, Violence, and the Possibility of Justice by Austin Sarat Pdf

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.

Author : David Alan Sklansky
Publisher : Harvard University Press
Page : 337 pages
File Size : 50,9 Mb
Release : 2021-03-23
Category : Law
ISBN : 9780674259690

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A Pattern of Violence by David Alan Sklansky Pdf

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.

Author : Austin Sarat,Thomas R. Kearns
Publisher : University of Michigan Press
Page : 276 pages
File Size : 45,7 Mb
Release : 2009-11-12
Category : Law
ISBN : 0472023780

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Law's Violence by Austin Sarat,Thomas R. Kearns Pdf

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.

Author : Stewart Motha,Honni van Rijswijk
Publisher : Routledge
Page : 254 pages
File Size : 47,6 Mb
Release : 2016-02-22
Category : Law
ISBN : 9781317569213

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Law, Memory, Violence by Stewart Motha,Honni van Rijswijk Pdf

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.

Author : David L Richards,Jillienne Haglund
Publisher : Routledge
Page : 204 pages
File Size : 46,5 Mb
Release : 2015-11-17
Category : Political Science
ISBN : 9781317249603

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Violence Against Women and the Law by David L Richards,Jillienne Haglund Pdf

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.

Author : Joseph Pugliese
Publisher : Routledge
Page : 243 pages
File Size : 45,8 Mb
Release : 2013
Category : Law
ISBN : 9780415529747

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State Violence and the Execution of Law by Joseph Pugliese Pdf

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.

Author : Walter Benjamin
Publisher : Stanford University Press
Page : 465 pages
File Size : 53,5 Mb
Release : 2021-06-22
Category : Philosophy
ISBN : 9781503627680

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Toward the Critique of Violence by Walter Benjamin Pdf

Marking the centenary of Walter Benjamin's immensely influential essay, "Toward the Critique of Violence," this critical edition presents readers with an altogether new, fully annotated translation of a work that is widely recognized as a classic of modern political theory. The volume includes twenty-one notes and fragments by Benjamin along with passages from all of the contemporaneous texts to which his essay refers. Readers thus encounter for the first time in English provocative arguments about law and violence advanced by Hermann Cohen, Kurt Hiller, Erich Unger, and Emil Lederer. A new translation of selections from Georges Sorel's Reflections on Violence further illuminates Benjamin's critical program. The volume also includes, for the first time in any language, a bibliography Benjamin drafted for the expansion of the essay and the development of a corresponding philosophy of law. An extensive introduction and afterword provide additional context. With its challenging argument concerning violence, law, and justice—which addresses such topical matters as police violence, the death penalty, and the ambiguous force of religion—Benjamin's work is as important today as it was upon its publication in Weimar Germany a century ago.

Author : Bonita Meyersfeld
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 51,6 Mb
Release : 2010-03-23
Category : Law
ISBN : 9781847315724

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Domestic Violence and International Law by Bonita Meyersfeld Pdf

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-).

Author : Cynthia J. Neville
Publisher : Edinburgh : Edinburgh University Press
Page : 248 pages
File Size : 50,6 Mb
Release : 1998
Category : History
ISBN : UOM:39015043761470

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Violence, Custom and Law by Cynthia J. Neville Pdf

Centuries-long hostility between Scotland and England affected the pattern of criminal activity in the Anglo-Scottish Border lands. This is a fascinating account of how the area created and refined a new system of law to deal with the conflict in the thirteenth to fifteenth centuries.

Author : Latika Vashist,Jyoti Dogra Sood
Publisher : Oxford University Press, USA
Page : 436 pages
File Size : 47,7 Mb
Release : 2020-08
Category : Electronic
ISBN : 0190120991

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Rethinking Law and Violence by Latika Vashist,Jyoti Dogra Sood Pdf

Conceptualized outside the theoretical framing of both liberal as well as critical approaches, this book re-imagines the law by exploring the contradictions and polarities of in terms of its relationship with violence. It encompasses and interweaves themes and ideas as diverse as death penalty, community might, state sovereignty on the one hand, to animal rights, sexual consent, children's agency and LGBT rights, on the other. While acknowledging that law is fundamentally and inherently tied to violence, the objective of this eclectic collection is to respond to and engage with the violence of law by exploring alternate ways of conceptualizing, reading, practising, and making the law.

Author : Antonio Cassese
Publisher : Unknown
Page : 208 pages
File Size : 52,5 Mb
Release : 1988
Category : Law
ISBN : UCAL:B4965019

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Violence and Law in the Modern Age by Antonio Cassese Pdf

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.

Author : Elizabeth Comack,Gillian Balfour
Publisher : Black Point, N.S. : Fernwood Publishing
Page : 0 pages
File Size : 50,5 Mb
Release : 2004
Category : Crimes violents - Canada
ISBN : 1552661288

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The Power to Criminalize by Elizabeth Comack,Gillian Balfour Pdf

"Law's power to criminalize -- to turn a person into a criminal -- is formidable. Traditional legal doctrine argues that law dispenses justice in an impartial and unbiased fashion. Critical legal theorists claim that law reproduces gender, race and class inequalities. The Power to Criminalize offers an analysis that acknowledges the tensions between these two views of law. Drawing from crown attorneys' files on violent crime cases and interviews with defence lawyers, the authors reveal the complex ways in which discourses of masculinity, femininity, race, class and social space inform the strategies used to litigate these cases. This analysis raises questions about the prospects of challenging law to realize a more just society."--Pub. website.

Author : James B. Brady
Publisher : Unknown
Page : 281 pages
File Size : 50,5 Mb
Release : 1991-01-01
Category : Social Science
ISBN : 0877228434

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Justice, Law, and Violence by James B. Brady Pdf