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Author: Ross Kleinstuber
Publisher: Routledge
ISBN: 1317122895
Category : Law
Languages : en
Pages : 184
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Book Description
Capital punishment policies in the USA are almost always justified by an individualistic belief in either rational choice or dispositional attribution, which justifies the death penalty either as a deterrent, or for retributive or incapacitative purposes. This book takes an in-depth look at the mitigation process and the use of individualism in the capital sentencing process. The work examines the use of individualistic (hegemonic) and contextualizing (subversive) discourses in the mitigation cases presented by capital defense attorneys and experts from trials in Delaware, and how these discourses were understood, interpreted, and utilized by jurors who served on those trials and by the judges who imposed the final sentences. This in-depth sociological examination of the use of individualizing and contextualizing accounts throughout the entire mitigation process helps to illuminate the challenges involved in structuring a death penalty that is not arbitrary in a culture that is overwhelmed by individualizing discourses, and thus struggles to account for the entrenched racial and economic inequality that is so conducive to lethal violence. In conclusion, it questions the entire premise of the Supreme Court’s jurisprudence of death, which rests on a belief that the discretion of decision makers can be 'guided' in a way that accounts for contextualizing evidence and will reduce the death penalty’s arbitrary and discriminatory application.
Author: Ross Kleinstuber
Publisher: Routledge
ISBN: 1317122895
Category : Law
Languages : en
Pages : 184
Get Book Here
Book Description
Capital punishment policies in the USA are almost always justified by an individualistic belief in either rational choice or dispositional attribution, which justifies the death penalty either as a deterrent, or for retributive or incapacitative purposes. This book takes an in-depth look at the mitigation process and the use of individualism in the capital sentencing process. The work examines the use of individualistic (hegemonic) and contextualizing (subversive) discourses in the mitigation cases presented by capital defense attorneys and experts from trials in Delaware, and how these discourses were understood, interpreted, and utilized by jurors who served on those trials and by the judges who imposed the final sentences. This in-depth sociological examination of the use of individualizing and contextualizing accounts throughout the entire mitigation process helps to illuminate the challenges involved in structuring a death penalty that is not arbitrary in a culture that is overwhelmed by individualizing discourses, and thus struggles to account for the entrenched racial and economic inequality that is so conducive to lethal violence. In conclusion, it questions the entire premise of the Supreme Court’s jurisprudence of death, which rests on a belief that the discretion of decision makers can be 'guided' in a way that accounts for contextualizing evidence and will reduce the death penalty’s arbitrary and discriminatory application.
Author: Ross Kleinstuber
Publisher: Routledge
ISBN: 1317122887
Category : Law
Languages : en
Pages : 194
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Book Description
Capital punishment policies in the USA are almost always justified by an individualistic belief in either rational choice or dispositional attribution, which justifies the death penalty either as a deterrent, or for retributive or incapacitative purposes. This book takes an in-depth look at the mitigation process and the use of individualism in the capital sentencing process. The work examines the use of individualistic (hegemonic) and contextualizing (subversive) discourses in the mitigation cases presented by capital defense attorneys and experts from trials in Delaware, and how these discourses were understood, interpreted, and utilized by jurors who served on those trials and by the judges who imposed the final sentences. This in-depth sociological examination of the use of individualizing and contextualizing accounts throughout the entire mitigation process helps to illuminate the challenges involved in structuring a death penalty that is not arbitrary in a culture that is overwhelmed by individualizing discourses, and thus struggles to account for the entrenched racial and economic inequality that is so conducive to lethal violence. In conclusion, it questions the entire premise of the Supreme Court’s jurisprudence of death, which rests on a belief that the discretion of decision makers can be 'guided' in a way that accounts for contextualizing evidence and will reduce the death penalty’s arbitrary and discriminatory application.
Author: Natalie Novick Brown
Publisher: Springer Nature
ISBN: 3030736288
Category : Psychology
Languages : en
Pages : 507
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Book Description
This book is intended for medical and mental health clinicians faced with the challenge of evaluating adolescents and adults in the legal context who may have a fetal alcohol spectrum disorder (FASD). Luminaries in their respective fields, the contributors to this book offer a range of expertise and perspectives regarding the forensic investigation of FASD: medical, psychological, psychiatric, criminal defense, prosecution, and the judiciary. The primary goal of the book is to provide medical and mental health clinicians with practical procedures that can be used in a variety of forensic and clinical settings. It includes protocols that have been used successfully in legal matters ranging from rights waiver and competency to capital murder and sexual offending. It not only provides detailed guidelines for interviewing birth mothers about the delicate topic of substance use during pregnancy but also introduces a methodology that can be used in the absence of exposure confirmation to arrive at a sound diagnostic conclusion through the process of differential diagnosis. Taken as a whole, the methodological procedures described by the contributors to the book serve as ‘best practices’ for comprehensive forensic mental health evaluation of potential FASD in juveniles and adult defendants as well as in victims.
Author: Paul Kaplan
Publisher: Lexington Books
ISBN: 0739171712
Category : Social Science
Languages : en
Pages : 219
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Book Description
Murder Stories engages with the current theoretical debate in death penalty research on the role of cultural commitments to ‘American’ ideologies in the retention of capital punishment. The central aim of the study is to illuminate the elusive yet powerful role of ideology in legal discourses. Through analyzing the content and processes of death penalty narratives, this research illuminates the covert life of ‘the American Creed,’ (a nexus of ideologies—liberty, egalitarianism, individualism, populism, and laissez faire—said to be unique to the United States) in the law. Murder Stories draws on the entire record of California death sentence resulting trials from three large and diverse California counties for the years 1996 – 2004, as well as interviews with 26 capital caseworkers (attorneys, judges, and investigators) from the same counties. Employing the theoretical framework proposed by Ewick and Silbey (1995) to study hegemonic and subversive narratives, and also the ethnographic approach advocated by Amsterdam and Hertz (1992) to study the producers and processes of constructing legal narratives, this book traces the ideological content carried within the stories told by everyday practitioners of capital punishment by investigating the content, process, and ideological implications of these narratives. The central theoretical finding is that the narratives constructed by both prosecutors and defenders tend to instantiate rather than subvert the ideological tenets of the American Creed.
Author: John Rieder
Publisher: Wesleyan University Press
ISBN: 0819573809
Category : Literary Criticism
Languages : en
Pages : 201
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Book Description
This groundbreaking study explores science fiction's complex relationship with colonialism and imperialism. In the first full-length study of the subject, John Rieder argues that the history and ideology of colonialism are crucial components of science fiction's displaced references to history and its engagement in ideological production. With original scholarship and theoretical sophistication, he offers new and innovative readings of both acknowledged classics and rediscovered gems. Rider proposes that the basic texture of much science fiction—in particular its vacillation between fantasies of discovery and visions of disaster—is established by the profound ambivalence that pervades colonial accounts of the exotic “other.” Includes discussion of works by Edwin A. Abbott, Edward Bellamy, Edgar Rice Burroughs, John W. Campbell, George Tomkyns Chesney, Arthur Conan Doyle, H. Rider Haggard, Edmond Hamilton, W. H. Hudson, Richard Jefferies, Henry Kuttner, Alun Llewellyn, Jack London, A. Merritt, Catherine L. Moore, William Morris, Garrett P. Serviss, Mary Shelley, Olaf Stapledon, and H. G. Wells.
Author: Ernesto Laclau
Publisher: Verso Books
ISBN: 1781681546
Category : Philosophy
Languages : en
Pages : 225
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Book Description
In this hugely influential book, Laclau and Mouffe examine the workings of hegemony and contemporary social struggles, and their significance for democratic theory. With the emergence of new social and political identities, and the frequent attacks on Left theory for its essentialist underpinnings, Hegemony and Socialist Strategy remains as relevant as ever, positing a much-needed antidote against ‘Third Way’ attempts to overcome the antagonism between Left and Right.
Author: Jonathan Nitzan
Publisher: Routledge
ISBN: 1134022298
Category : Political Science
Languages : en
Pages : 853
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Book Description
Conventional theories of capitalism are mired in a deep crisis: after centuries of debate, they are still unable to tell us what capital is. Liberals and Marxists both think of capital as an ‘economic’ entity that they count in universal units of ‘utils’ or ‘abstract labour’, respectively. But these units are totally fictitious. Nobody has ever been able to observe or measure them, and for a good reason: they don’t exist. Since liberalism and Marxism depend on these non-existing units, their theories hang in suspension. They cannot explain the process that matters most – the accumulation of capital. This book offers a radical alternative. According to the authors, capital is not a narrow economic entity, but a symbolic quantification of power. It has little to do with utility or abstract labour, and it extends far beyond machines and production lines. Capital, the authors claim, represents the organized power of dominant capital groups to reshape – or creorder – their society. Written in simple language, accessible to lay readers and experts alike, the book develops a novel political economy. It takes the reader through the history, assumptions and limitations of mainstream economics and its associated theories of politics. It examines the evolution of Marxist thinking on accumulation and the state. And it articulates an innovative theory of ‘capital as power’ and a new history of the ‘capitalist mode of power’.
Author: Richard Howson
Publisher: Routledge
ISBN: 1134262671
Category : Social Science
Languages : en
Pages : 369
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Book Description
In the past twenty years there has been a growing interest in the issues surrounding men and masculinity. Driven primarily by the second-wave feminist critique of the legitimacy or hegemony of masculine practice and culture, the hegemony of men in social spheres such as the family, law, and the workplace can no longer be taken for granted. Beginning with the work of Antonio Gramsci and a focus on developing the full complexity of his theory of hegemony, Howson’s fascinating new book then moves on through theory, applications and analysis of various topical issues, discussing and extending the work of R.W. Connell, and drawing out new possibilities for social justice in gender. Over the course of several informative chapters, the book considers: * a tripartite model of hegemony * hegemony in the theory of practice * application of hegemony to gender * the study of masculinity and family law * radical pluralism * radical organic protest in gender. Presenting a detailed examination of hegemonic masculinity and its interpretations, this significant new book provides an important contribution to contemporary understandings of men and masculinity.
Author: Fredric Jameson
Publisher: Duke University Press
ISBN: 9780822310907
Category : Literary Criticism
Languages : en
Pages : 474
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Book Description
Now in paperback, Fredric Jameson’s most wide-ranging work seeks to crystalize a definition of ”postmodernism”. Jameson’s inquiry looks at the postmodern across a wide landscape, from “high” art to “low” from market ideology to architecture, from painting to “punk” film, from video art to literature.
Author: Nick Srnicek
Publisher: Verso Books
ISBN: 1784780987
Category : Political Science
Languages : en
Pages : 358
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Book Description
This major new manifesto offers a “clear and compelling vision of a postcapitalist society” and shows how left-wing politics can be rebuilt for the 21st century (Mark Fisher, author of Capitalist Realism) Neoliberalism isn’t working. Austerity is forcing millions into poverty and many more into precarious work, while the left remains trapped in stagnant political practices that offer no respite. Inventing the Future is a bold new manifesto for life after capitalism. Against the confused understanding of our high-tech world by both the right and the left, this book claims that the emancipatory and future-oriented possibilities of our society can be reclaimed. Instead of running from a complex future, Nick Srnicek and Alex Williams demand a postcapitalist economy capable of advancing standards, liberating humanity from work and developing technologies that expand our freedoms. This new edition includes a new chapter where they respond to their various critics.
