Narrative, Violence, and the Law PDF Download
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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: 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: Robin West
Publisher: University of Michigan Press
ISBN: 9780472103652
Category : Law
Languages : en
Pages : 458
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Book Description
Challenges the moral basis for the authority of law
Author: Aviam Soifer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
It was wonderful to learn with Robert Cover. Yet Bob Cover did not stand out as a teacher in the classic scene. He was hardly a dazzling orator; he did not adopt the entertainer's role for his audience, nor did his classroom zing with the tension of the so-called Socratic method done well. His classes and even his style on the lecture platform mirrored his probing, open-minded, everyday conversations. In those conversations, Bob Cover turned everyone - family, children, law students, friends, workers, and other scholars - into his fellow students.
Author: David Alan 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: Leo Tolstoy
Publisher: Courier Corporation
ISBN: 0486113132
Category : Religion
Languages : en
Pages : 130
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Book Description
This treatise articulates Tolstoy's famous dictum that it is morally superior to suffer violence than to do violence — a philosophy that has inspired Gandhi, Martin Luther King, Jr., and countless others.
Author: Shonna L. Trinch
Publisher: John Benjamins Publishing
ISBN: 9789027218551
Category : Language Arts & Disciplines
Languages : en
Pages : 336
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Book Description
In the American legal system valid witness-testimony is supposed to be invariable and unchanging, so defense attorneys highlight seeming inconsistencies in victims' accounts to impeach their credibility. This book offers an examination of how and why victims of domestic violence might seem to be 'changing their stories,' in the criminal justice system, which may leave them vulnerable to attack and criticism. Latinas' Narratives of Domestic Abuse: Discrepant versions of violence investigates the discourse of protective order interviews, where women apply for court injunctions to keep abusers away. In these encounters, two different versions of violence, each influenced by a range of ethnolinguistic, intertextual and cultural factors, are always produced. This ethnography of Latina women narrating violence suggests that before victims even get to trial, their testimony involves much more than merely telling the truth. This book provides a unique look at pre-trial testimony as a collaborative and dynamic social and cultural act.
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: Sara B. Cobb
Publisher: Oxford University Press
ISBN: 019982620X
Category : Political Science
Languages : en
Pages : 310
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Book Description
In the context of ongoing or historical violence, people tell stories about what happened, who did what to whom and why. Yet frequently, the speaking of violence reproduces the social fractures and delegitimizes, again, those that struggle against their own marginalization. This speaking of violence deepens conflict and all too often perpetuates cycles of violence. Alternatively, sometimes people do not speak of the violence and it is erased, buried with the bodies that bear it witness. This reduces the capacity of the public to address issues emerging in the aftermath of violence and repression. This book takes the notion of "narrative" as foundational to conflict analysis and resolution. Distinct from conflict theories that rely on accounts of attitudes or perceptions in the heads of individuals, this narrative perspective presumes that meaning, structured and organized as narrative processes, is the location for both analysis of conflict, as well as intervention. But meaning is political, in that not all stories can be told, or the way they are told delegitimizes and erases others. Thus, the critical narrative theory outlined in this book offers a normative approach to narrative assessment and intervention. It provides a way of evaluating narrative and designing "better-formed" stories: "better" in that they are generative of sustainable relations, creating legitimacy for all parties. In so doing, they function aesthetically and ethically to support the emergence of new histories and new futures. Indeed, critical narrative theory offers a new lens for enabling people to speak of violence in ways that undermine the intractability of conflict
Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 9780472023783
Category : Law
Languages : en
Pages : 276
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Book Description
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: Mandy Burton
Publisher: Taylor & Francis
ISBN: 0429516096
Category : Law
Languages : en
Pages : 221
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Book Description
The gap between what the law and legal processes deliver for victims of domestic abuse and what they actually need has, in some instances, arguably widened. This book provides the reader with a thorough understanding of the remedies available to victims in the civil, family and criminal law. It contends that expectations of the legal remedies have increased as the number and scope of remedies has proliferated. It further examines how legal responses to domestic abuse have evolved over the past decade and explores how the victim’s rights narrative and associated litigation, which has become prevalent in legal discourse and criminal justice reforms, has shifted expectations and impacted domestic abuse policy and law. The book presents a valuable addition to the literature in drawing on a discourse familiar to those with an interest in human rights, demonstrating its impact on a substantive area of law of great significance to both family and criminal lawyers and anyone with an interest in domestic abuse and legal responses.
