The Violence Of Law

Author : Austin Sarat,Thomas R. Kearns
Publisher : University of Michigan Press
Page : 276 pages
File Size : 40,7 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 : Amy Swiffen,Joshua Nichols
Publisher : Routledge
Page : 192 pages
File Size : 43,8 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 : 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
Publisher : Princeton University Press
Page : 188 pages
File Size : 40,6 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 L Richards,Jillienne Haglund
Publisher : Routledge
Page : 204 pages
File Size : 42,8 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 : Lesley Erickson
Publisher : UBC Press
Page : 361 pages
File Size : 48,9 Mb
Release : 2011-08-01
Category : Law
ISBN : 9780774818605

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Westward Bound by Lesley Erickson Pdf

Westward Bound debunks the myth of Canada’s peaceful West and the masculine conceptions of law and violence upon which it rests by shifting the focus from Mounties and whisky traders to criminal cases involving women between 1886 and 1940. Erickson’s analysis of these cases shows that, rather than a desire to protect, official responses to the most intimate or violent acts betrayed an impulse to shore up the liberal order by maintaining boundaries between men and women, Native people and newcomers, and capital and labour. Victims and accused could only hope to harness entrenched ideas about masculinity, femininity, race, and class in their favour. This fascinating exploration of hegemony and resistance in key contact zones draws prairie Canada into larger debates about law, colonialism, and nation building.

Author : Stewart Motha,Honni van Rijswijk
Publisher : Routledge
Page : 254 pages
File Size : 52,8 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 : Heather Douglas
Publisher : Oxford University Press, USA
Page : 313 pages
File Size : 50,9 Mb
Release : 2021
Category : Law
ISBN : 9780190071783

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Women, Intimate Partner Violence, and the Law by Heather Douglas Pdf

"This book explores how women from diverse backgrounds interact with the law in response to intimate partner violence, over time. Every year, millions of women globally turn to law to help them live lives free and safe from violence. Women engage with child protection services and police. They apply for civil protection orders and family court orders to help them manage their children's contact with a violent father, and take special visa pathways to avoid deportation following separation from an abuser. Women are often compelled to interact with law, through their abuser's myriad legal applications against them. While separation may seem like a solution, it often accelerates legal engagement providing new opportunities for continued abuse. Countless women who have experienced Intimate Partner Violence are enmeshed in overlapping, complex and often inconsistent legal processes. They have both fleeting and longer-term connections with legal system actors. Their stories demonstrate how abusers harness multiple aspects of the legal process, and its actors, to continue their abuse. They highlight the regular failure of legal processes and actors to comprehend the significance of non-physical abuse. Women show how legal system actors' common expectation that separation is a single event, rather than a process, has implications for their connections with law and the outcomes they achieve. From time to time, the women in this study attained the safety and closure they sought from law, sometimes in circular and unexpected ways, but their narratives demonstrate the level of endurance, tenacity and time this often required"--

Author : Joseph Pugliese
Publisher : Routledge
Page : 243 pages
File Size : 54,8 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 : Mahnaz Afkhami,Yakın Ertürk,Ann Elizabeth Mayer
Publisher : Routledge
Page : 0 pages
File Size : 48,6 Mb
Release : 2019
Category : LAW
ISBN : 1138344931

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Feminist Advocacy, Family Law and Violence Against Women by Mahnaz Afkhami,Yakın Ertürk,Ann Elizabeth Mayer Pdf

Around the world, discriminatory legislation often known as family law prevents women from accessing their human rights. Drawing on a range of global case studies and interviews, this book shows how women are contributing to legal reform, helping to shape non-discriminatory policies and counter gender-based violence.

Author : Christoph Menke,Alessandro Ferrara
Publisher : Unknown
Page : 239 pages
File Size : 49,7 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 : Ronald B. Adrine,Alexandria M. Ruden
Publisher : Unknown
Page : 128 pages
File Size : 54,6 Mb
Release : 2014
Category : Family violence
ISBN : 0314625828

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Ohio Domestic Violence Law by Ronald B. Adrine,Alexandria M. Ruden Pdf

Author : Antonio Cassese
Publisher : Unknown
Page : 208 pages
File Size : 50,5 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 : Rashida Manjoo,Jackie Jones
Publisher : Routledge
Page : 0 pages
File Size : 51,9 Mb
Release : 2019-11-11
Category : Law
ISBN : 0367893789

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The Legal Protection of Women From Violence by Rashida Manjoo,Jackie Jones Pdf

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.

Author : Nancy K. D. Lemon
Publisher : West Academic Publishing
Page : 1159 pages
File Size : 40,5 Mb
Release : 2005
Category : Family violence
ISBN : 0314160493

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Domestic Violence Law by Nancy K. D. Lemon Pdf