From Slave Abuse to Hate Crime PDF Download
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Author: Ely Aaronson
Publisher: Cambridge University Press
ISBN: 110702689X
Category : History
Languages : en
Pages : 221
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Book Description
This book explores how political debates and legal reforms on criminalization of racial violence have shaped American racial history.
Author: Ely Aaronson
Publisher: Cambridge University Press
ISBN: 110702689X
Category : History
Languages : en
Pages : 221
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Book Description
This book explores how political debates and legal reforms on criminalization of racial violence have shaped American racial history.
Author: Ely Aaronson
Publisher:
ISBN: 9781316149928
Category : African Americans
Languages : en
Pages :
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Book Description
"This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these laws. A thought-provoking analysis of how criminal law reflects and constructs social norms, this book offers a new historical and theoretical perspective for analyzing the limits of current attempts to use criminal legislation as a weapon against racism"--
Author: Alexander Brown
Publisher: Cambridge University Press
ISBN: 100935714X
Category : Law
Languages : en
Pages : 609
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Book Description
No serious attempt to answer the question 'What is hate speech?' would be complete without an exploration of the outer limits of the concept(s). This book critically examines both the ordinary and legal concepts of hate speech, contrasting social media platform content policies with national and international laws. It also explores a range of controversial grey area examples of hate speech. Part I focuses on the ordinary concept and looks at hybrid attacks, selective attacks, reverse attacks, righteous attacks, indirect attacks, identity attacks, existential denials, identity denials, identity miscategorisations, and identity appropriations. Part II concentrates on the legal concept. It considers how to distinguish between hate speech and hate crime, and examines the precarious position of denialism laws in national and international law. Together, the authors draw on conceptual analysis, doctrinal analysis, linguistic analysis, critical analysis, and diachronic analysis to map the new frontiers of the concepts of hate speech.
Author: Andrew T. Fede
Publisher: University of Georgia Press
ISBN: 0820367117
Category : Law
Languages : en
Pages : 383
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Book Description
A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.
Author: James Campbell
Publisher: Taylor & Francis
ISBN: 1040258085
Category : History
Languages : en
Pages : 517
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Book Description
Covering a broad chronology from the colonial era to the present, this volume’s 28 chapters reflect the diverse approaches, interests and findings of an international group of new and established scholars working on American crime histories today. The book is organized around major themes in crime history, including violence, science and technology, culture, gender and organized crime, and it addresses pressing contemporary concerns such as mass incarceration and the racial politics of crime in modern America. It also engages with the history of crime literature, film and popular culture from colonial execution sermons to true crime television in the twenty-first century. The volume is alert to continuities and diversity over time and place in the history of American crime, notably in chapters on the South, the West and the impact of urbanization on practices and ideas about crime and law enforcement in different periods of the American past. The Routledge History of Crime in America is an indispensable, interdisciplinary resource for students and researchers working in areas of crime, crime policy, punishment, policing and incarceration.
Author: Jordan T. Watkins
Publisher: Cambridge University Press
ISBN: 110847814X
Category : History
Languages : en
Pages : 399
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Book Description
An analysis of the development of historical consciousness in antebellum America, using the debate over slavery as a case study.
Author: Robert Reiner
Publisher: John Wiley & Sons
ISBN: 1509510761
Category : Law
Languages : en
Pages : 272
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Book Description
Crime is a source of endless fascination and fear. Yet behind the apparent consensus that crime must be fought, there is considerable conflict about what should or should not be treated as criminal, and even the most shocking crimes can inspire divisive debate. This concise book explores the seemingly simple, common-sense concept of crime revealing the huge complexities, ambiguities and tensions that lie beneath it. Criminal law is often at odds with different moral perspectives and the practices of different cultures. The mass media distort the picture profoundly, as do politicians in pursuit of law and order votes. The criminal justice system tackles only a limited range of crimes – almost entirely ones committed by the poor and relatively powerless – while often neglecting the most dangerous and harmful activities of corporations and states, from the carnage of unjust wars to the tragedies engendered by austerity. It is only by examining the multiple and varied perspectives on crime that we can begin to understand and respond appropriately to this social phenomenon. Written by a world-leading criminologist, this insightful book will be an invaluable and captivating introduction for students and interested readers of criminology, law, sociology and politics.
Author: Andrew Fede
Publisher: University of Georgia Press
ISBN: 0820351121
Category : Biography & Autobiography
Languages : en
Pages : 362
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Book Description
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.
Author: Forrest A. Nabors
Publisher: University of Missouri Press
ISBN: 0826273912
Category : Political Science
Languages : en
Pages : 420
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Book Description
On December 4, 1865, members of the 39th United States Congress walked into the Capitol Building to begin their first session after the end of the Civil War. They understood their responsibility to put the nation back on the path established by the American Founding Fathers. The moment when the Republicans in the Reconstruction Congress remade the nation and renewed the law is in a class of rare events. The Civil War should be seen in this light. In From Oligarchy to Republicanism: The Great Task of Reconstruction, Forrest A. Nabors shows that the ultimate goal of the Republican Party, the war, and Reconstruction was the same. This goal was to preserve and advance republicanism as the American founders understood it, against its natural, existential enemy: oligarchy. The principle of natural equality justified American republicanism and required abolition and equal citizenship. Likewise, slavery and discrimination on the basis of color stand on the competing moral foundation of oligarchy, the principle of natural inequality, which requires ranks. The effect of slavery and the division of the nation into two “opposite systems of civilization” are causally linked. Charles Devens, a lawyer who served as a general in the Union Army, and his contemporaries understood that slavery’s existence transformed the character of political society. One of those dramatic effects was the increased power of slaveowners over those who did not have slaves. When the slave state constitutions enumerated slaves in apportioning representation using the federal three-fifths ratio or by other formulae, intra-state sections where slaves were concentrated would receive a substantial grant of political power for slave ownership. In contrast, low slave-owning sections of the state would lose political representation and political influence over the state. This contributed to the non-slaveholders’ loss of political liberty in the slave states and provided a direct means by which the slaveholders acquired and maintained their rule over non-slaveholders. This book presents a shared analysis of the slave South, synthesized from the writings and speeches of the Republicans who served in the Thirty-Eighth, Thirty-Ninth or Fortieth Congress from 1863-1869. The account draws from their writings and speeches dated before, during, and after their service in Congress. Nabors shows how the Republican majority, charged with the responsibility of reconstructing the South, understood the South. Republicans in Congress were generally united around the fundamental problem and goal of Reconstruction. They regarded their work in the same way as they regarded the work of the American founders. Both they and the founders were engaged in regime change, from monarchy in the one case, and from oligarchy in the other, to republicanism. The insurrectionary states’ governments had to be reconstructed at their foundations, from oligarchic to republican. The sharp differences within Congress pertained to how to achieve that higher goal.
Author: Robert Reiner
Publisher: Routledge
ISBN: 1315296756
Category : Social Science
Languages : en
Pages : 187
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Book Description
This book argues that ‘social democratic criminology’ is an important critical perspective which is essential for the analysis of crime and criminal justice and crucial for humane and effective policy. The end of World War II resulted in 30 years of strategies to create a more peaceful international order. In domestic policy, all Western countries followed agendas informed by a social democratic sensibility. Social Democratic Criminology argues that the social democratic consensus has been pulled apart since the late 1960s, by the hegemony of neoliberalism: a resuscitation of nineteenth-century free market economics. There is now a gathering storm of apocalyptic dangers from climate change, pandemics, antibiotic resistance, and other existential threats. This book shows that the neoliberal revolution of the rich pushed aside social democratic values and policies regarding crime and security and replaced them with tougher ‘law and order’ approaches. The initial consequence was a tsunami of crime in all senses. Smarter security techniques did succeed in abating this for a while, but the decade of austerity in the wake of the 2008 financial crisis has seen growing violent and serious crime. Social Democratic Criminology charts the history of social democracy, discusses the variety of conflicting ways in which it has been interpreted, and identifies its core uniting concepts and influence on criminology in the twentieth century. It analyses the decline of social democratic criminology and the sustained intellectual and political attacks it has endured. The concluding chapter looks at the prospects for reviving social democratic criminology, itself dependent on the prospects for a rebirth of the broader social democratic movement. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, cultural studies, politics, history, social policy, and all those interested in social democracy and its importance for society.
