Violence, Law and the Impossibility of Transitional Justice PDF Download
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Author: Catherine Turner
Publisher: Routledge
ISBN: 1317441400
Category : Law
Languages : en
Pages : 206
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Book Description
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: Antonio Cassese
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 208
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Book Description
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: David A. Sklansky
Publisher: Harvard University Press
ISBN: 0674259696
Category : Law
Languages : en
Pages : 337
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Book Description
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
ISBN: 0691187541
Category : Law
Languages : en
Pages : 188
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Book Description
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
Publisher: Routledge
ISBN: 1317249607
Category : Political Science
Languages : en
Pages : 205
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Book Description
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: Joseph Pugliese
Publisher: Routledge
ISBN: 0415529743
Category : Law
Languages : en
Pages : 243
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Book Description
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: Robert M. Cover
Publisher: University of Michigan Press
ISBN: 9780472064953
Category : Law
Languages : en
Pages : 310
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Book Description
Essential writings of the leading scholar of law and violence
Author: Gail Williams O'Brien
Publisher: Univ of North Carolina Press
ISBN: 0807882305
Category : Social Science
Languages : en
Pages : 358
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Book Description
On February 25, 1946, African Americans in Columbia, Tennessee, averted the lynching of James Stephenson, a nineteen-year-old, black Navy veteran accused of attacking a white radio repairman at a local department store. That night, after Stephenson was safely out of town, four of Columbia's police officers were shot and wounded when they tried to enter the town's black business district. The next morning, the Tennessee Highway Patrol invaded the district, wrecking establishments and beating men as they arrested them. By day's end, more than one hundred African Americans had been jailed. Two days later, highway patrolmen killed two of the arrestees while they were awaiting release from jail. Drawing on oral interviews and a rich array of written sources, Gail Williams O'Brien tells the dramatic story of the Columbia "race riot," the national attention it drew, and its surprising legal aftermath. In the process, she illuminates the effects of World War II on race relations and the criminal justice system in the United States. O'Brien argues that the Columbia events are emblematic of a nationwide shift during the 1940s from mob violence against African Americans to increased confrontations between blacks and the police and courts. As such, they reveal the history behind such contemporary conflicts as the Rodney King and O. J. Simpson cases.
Author: Stewart Motha
Publisher: Routledge
ISBN: 1317569210
Category : Law
Languages : en
Pages : 254
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Book Description
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: Nancy K. D. Lemon
Publisher: West Academic Publishing
ISBN: 9780314160492
Category : Family violence
Languages : en
Pages : 1159
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Book Description
Author: Catherine Turner
Publisher: Routledge
ISBN: 1317441400
Category : Law
Languages : en
Pages : 206
Get Book Here
Book Description
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.
