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Author: Cary Federman
Publisher: State University of New York Press
ISBN: 0791482022
Category : Social Science
Languages : en
Pages : 256
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Book Description
The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.
Author: Cary Federman
Publisher: State University of New York Press
ISBN: 0791482022
Category : Social Science
Languages : en
Pages : 256
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Book Description
The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.
Author: Dr Angus Cameron
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409474607
Category : Political Science
Languages : en
Pages : 497
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Book Description
Body/State brings together original essays addressing various aspects of the evolving interaction between bodies and states. While each essay has different empirical and/or theoretical focus, authors consider a number of overlapping themes to appreciate the state's engagement with, and concern about, bodies. Divided into five parts, the first part, 'Bodies Modified and Divided' considers how the production, regulation, policing and maintenance of borders (physical, social, sexual, political, religious, etc.) are used to enable or constrain the physical (re)shaping of the body. Part two, 'Capital Bodies', extends the state's concern with the flows of bodies that make up the nation to consider how they are enrolled in the complex structures of capitalist exchange that form the basis for maintaining and contesting a set of relationships between states and markets. Part three, 'Deviance and Resistance', examines both how states seek to discipline ‘non-normal’ bodies and appreciates the capacity of changes in the socio-cultural meaning and nature of bodies to resist and/or escape states. Part four, ‘Sovereignty and Surveillance’, develops themes of deviancy and resistance by considering the impact of new technologies both on the intimate regulatory reach of states into and across bodies and on the nature of embodiment itself. Finally, Part five, ‘The Body Virtual’, examines the impact of new technologies and online spaces both on the intimate regulatory reach of states into and across bodies and on the nature of embodiment itself. A varied collection of essays that address important and complex topics in a readable and creative way.
Author: Charlotte Epstein
Publisher: Oxford University Press, USA
ISBN: 0190917628
Category : Political Science
Languages : en
Pages : 345
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Book Description
This book uses the body to peel back the layers of time and taken-for-granted ideas about the two defining political forms of modernity, the state and the subject of rights. It traces, under the lens of the body, how the state and the subject mutually constituted each other since their original crafting in the seventeenth century. Considering multiple sites of theory and practice, Charlotte Epstein analyses the fundamental rights to security, liberty, and property respectively as the initial knots where the state-subject relation was first sealed.
Author: Elizabeth Wicks
Publisher: Bloomsbury Publishing
ISBN: 1509909966
Category : Law
Languages : en
Pages : 266
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Book Description
This book investigates the limits of the legitimate role of the state in regulating the human body. It questions whether there is a public interest in issues of bodily autonomy, with particular focus on reproductive choices, end of life choices, sexual autonomy, body modifications and selling the body. The main question addressed in this book is whether such autonomous choices about the human body are, and should be, subject to state regulation. Potential justifications for the state's intervention into these issues through mechanisms such as the criminal law and regulatory schemes are evaluated. These include preventing harm to others and/or to the individual involved, as well as more abstract concepts such as public morality, the sanctity of human life, and the protection of human dignity. The State and the Body argues that the state should be particularly wary about encroaching upon exercises of autonomy by embodied selves and concludes that only interventions based upon Mill's harm principle or, in tightly confined circumstances, the dignity of the human species as a whole should suffice to justify public intervention into private choices about the body.
Author: Jeffrey Jerome Cohen
Publisher: State University of New York Press
ISBN: 0791487474
Category : Social Science
Languages : en
Pages : 212
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Book Description
This collection maps the very best efforts to think the body at its limits. Because the body encompasses communities (social and political bodies), territories (geographical bodies), and historical texts and ideas (a body of literature, a body of work), Cohen and Weiss seek trans-disciplinary points of resonance and divergence to examine how disciplinary metaphors materialize specific bodies, and where these bodies break down and/or refuse prescribed paths. Whereas postmodern theorizations of the body often neglect its corporeality in favor of its cultural construction, this book demonstrates the inseparability of textuality, materiality, and history in any discussion of the body.
Author: Howard Eilberg-Schwartz
Publisher: State University of New York Press
ISBN: 1438401906
Category : History
Languages : en
Pages : 406
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Book Description
By shifting attention from the image of Jews as a textual community to the ways Jews understand and manage their bodies — for example, to their concerns with reproduction and sexuality, menstruation and childbirth— this volume contributes to a revisioning of what Jews and Judaism are and have been. The project of re-membering the Jewish body has both historical and constructive motivations. As a constructive project, this book describes, renews, and participates in the complex and ongoing modern discussion about the nature of Jewish bodies and the place of bodies in Judaism.
Author: Arturo J. Aldama
Publisher: Indiana University Press
ISBN: 9780253215598
Category : Political Science
Languages : en
Pages : 466
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Book Description
This title explores the relationship between subalternity, the discourse and technology of the body, and the rise and proliferation of racial, colonial, sexual, domestic, and state violence, examining the materiality of violence on the 'otherized' body.
Author: David Arnold
Publisher: Univ of California Press
ISBN: 9780520082953
Category : History
Languages : en
Pages : 370
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Book Description
In this innovative analysis of medicine and disease in colonial India, David Arnold explores the vital role of the state in medical and public health activities, arguing that Western medicine became a critical battleground between the colonized and the colonizers. Focusing on three major epidemic diseases—smallpox, cholera, and plague—Arnold analyzes the impact of medical interventionism. He demonstrates that Western medicine as practiced in India was not simply transferred from West to East, but was also fashioned in response to local needs and Indian conditions. By emphasizing this colonial dimension of medicine, Arnold highlights the centrality of the body to political authority in British India and shows how medicine both influenced and articulated the intrinsic contradictions of colonial rule.
Author: Wolfgang Uwe Eckart
Publisher: Franz Steiner Verlag
ISBN: 9783515087940
Category : History
Languages : en
Pages : 304
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Book Description
This anthology unites articles about different aspects of scientific human experiments in the course of World War I to the 1960s. The majority of them deals with the development of medicine and life sciences as well as the national research promotion under the Nazi regime and during World War II. Studies on human experiments of French, Japanese, and US-American research enlarge the perspective on a problem of obviously international range. These empirical studies are supplemented by articles on the legal evaluation of this behaviour of scientists, as well as on the resulting movement to formulate binding transnational ethical codes on behalf of human experiments.
Author: Vivienne Shue
Publisher: Stanford University Press
ISBN: 0804766657
Category : History
Languages : en
Pages : 384
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Book Description
These four conceptual and critical essays on state and society in contemporary China argue vigorously against the grain of prevailing scholarly interpretation. In substantive content, they explore two major themes from different historical and theoretical points of departure. First, the author argues that the party/state under Mao fell far short of the full control over China's peasant society that outside observers often assumed it had achieved. She shows, instead, how the Maoist state frequently pursued policies that in fact had the ironic effect of strengthening the resistance of rural communities against the central political apparatus. Second, she contends that once the true limitations on the Maoist state's power in rural areas are rightly understood, it becomes clear that one effect of the post-Mao economic and political reforms may be to enhance rather than to diminish the state's authority in the countryside — despite all the reformists' rhetoric to the contrary. These essays on "how to think about the Chinese state" are designed to stimulate debate about assumptions and methods in the field of Chinese political analysis. The controversies they raise, however, make them highly relevant to scholars outside Chinese studies who are interested in theories of the state, in the interrelations of state and society, and in the fate of the peasantry under socialism.
