Law Violence And The Possibility Of Justice

Author : Austin Sarat
Publisher : Princeton University Press
Page : 188 pages
File Size : 48,8 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 : 50,6 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 : 40,9 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 : Catherine Turner
Publisher : Routledge
Page : 206 pages
File Size : 42,7 Mb
Release : 2016-07-07
Category : Law
ISBN : 9781317441403

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Violence, Law and the Impossibility of Transitional Justice by Catherine Turner Pdf

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.

Author : Jennifer Balint,Julie Evans,Nesam McMillan,Mark McMillan
Publisher : University of Michigan Press
Page : 219 pages
File Size : 47,9 Mb
Release : 2020-02-17
Category : Political Science
ISBN : 9780472131686

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Keeping Hold of Justice by Jennifer Balint,Julie Evans,Nesam McMillan,Mark McMillan Pdf

Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.

Author : Drucilla Cornell,Michel Rosenfeld,David Gray Carlson
Publisher : Routledge
Page : 420 pages
File Size : 51,9 Mb
Release : 2016-05-13
Category : Philosophy
ISBN : 9781134935154

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Deconstruction and the Possibility of Justice by Drucilla Cornell,Michel Rosenfeld,David Gray Carlson Pdf

The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly summed up deconstruction.

Author : James B. Brady
Publisher : Unknown
Page : 281 pages
File Size : 47,8 Mb
Release : 1991-01-01
Category : Social Science
ISBN : 0877228434

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

Author : Walter Benjamin
Publisher : Stanford University Press
Page : 465 pages
File Size : 48,9 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 : Christoph Menke,Alessandro Ferrara
Publisher : Unknown
Page : 239 pages
File Size : 41,8 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 : Samuel H. Pillsbury
Publisher : Routledge
Page : 402 pages
File Size : 49,9 Mb
Release : 2019-01-11
Category : Social Science
ISBN : 9780429756450

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Imagining a Greater Justice by Samuel H. Pillsbury Pdf

Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Author : William Brant
Publisher : BRILL
Page : 533 pages
File Size : 48,8 Mb
Release : 2018-12-10
Category : Law
ISBN : 9789004385955

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Beyond Legal Minds by William Brant Pdf

In this book, William Brant inquires how violence is reduced. Social causes of violence are exposed. War, sexual domination, leadership, propagandizing and comedy are investigated. Legal systems are explored as reducers and implementers of violence and threats.

Author : Nicola Henry,Anastasia Powell,Asher Flynn
Publisher : Springer
Page : 247 pages
File Size : 47,9 Mb
Release : 2015-09-01
Category : Political Science
ISBN : 9781137476159

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Rape Justice by Nicola Henry,Anastasia Powell,Asher Flynn Pdf

This book explores the burgeoning interest in alternative and innovative justice responses to sexual violence both within and outside the legal system. It explores the limits of criminal law for achieving 'rape justice' and highlights possibilities for expanding how we think about justice in the aftermath of sexual violence.

Author : Antonio Cassese
Publisher : Unknown
Page : 208 pages
File Size : 52,7 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 : Sally Engle Merry,Neil Milner
Publisher : University of Michigan Press
Page : 501 pages
File Size : 49,5 Mb
Release : 1995-05-18
Category : Law
ISBN : 9780472083442

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The Possibility of Popular Justice by Sally Engle Merry,Neil Milner Pdf

DIVCan popular justice ever be a real alternative to the violence and coercion of state law? /div

Author : Ardath Whynacht
Publisher : Fernwood Publishing
Page : 146 pages
File Size : 54,7 Mb
Release : 2021-10-31T00:00:00Z
Category : Family & Relationships
ISBN : 9781773630847

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Insurgent Love by Ardath Whynacht Pdf

Domestic homicide is violence that strikes within our most intimate relations. The most common strategy for addressing this kind of transgression relies on policing and prisons. But through examining commonly accepted typologies of high-risk intimate partner violence, Ardath Whynacht shows that policing can be understood as part of the same root problem as the violence it seeks to mend and provides an abolitionist frame for the most dangerous forms of intimate partner violence. This book illustrates that the origins of both the carceral state and toxic masculinity are situated in settler colonialism and racial capitalism and sees police homicide and domestic homicide as akin. Describing an experience of domestic homicide in her community and providing a deeply personal analysis of some of the most recent cases of homicide in Canada, the author inhabits the complexity of seeking abolitionist justice. Insurgent Love traces the major risk factors for domestic homicide within the structures of racial capitalism and suggests transformative, anti-capitalist, anti-racist, feminist approaches for safety, prevention and justice.