Author: Michael L. Perlin
Publisher: Temple University Press
ISBN: 1439912920
Category : Law
Languages : en
Pages : 325
Book Description
Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy. The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws. In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.
Shaming the Constitution
Author: Michael L. Perlin
Publisher: Temple University Press
ISBN: 1439912920
Category : Law
Languages : en
Pages : 325
Book Description
Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy. The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws. In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.
Publisher: Temple University Press
ISBN: 1439912920
Category : Law
Languages : en
Pages : 325
Book Description
Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy. The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws. In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.
Shaming the Constitution
Author: Michael L. Perlin
Publisher: Temple University Press
ISBN: 9781439912911
Category : Law
Languages : en
Pages : 0
Book Description
Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy. The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws. In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.
Publisher: Temple University Press
ISBN: 9781439912911
Category : Law
Languages : en
Pages : 0
Book Description
Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy. The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws. In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.
The Legal Aspects of Shaming: An Ancient Sanction in the Modern World
Author: Meital Pinto
Publisher: Edward Elgar Publishing
ISBN: 1800880227
Category : Law
Languages : en
Pages : 311
Book Description
Offering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming in non-legal contexts.
Publisher: Edward Elgar Publishing
ISBN: 1800880227
Category : Law
Languages : en
Pages : 311
Book Description
Offering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming in non-legal contexts.
Constitutional Sentiments
Author: András Sajó
Publisher: Yale University Press
ISBN: 0300139268
Category : Political Science
Languages : en
Pages : 396
Book Description
constitutional meaning, Sajo has extended to the realm of law the emerging trend that recognizes the fallibility of rational behavior. --
Publisher: Yale University Press
ISBN: 0300139268
Category : Political Science
Languages : en
Pages : 396
Book Description
constitutional meaning, Sajo has extended to the realm of law the emerging trend that recognizes the fallibility of rational behavior. --
The Body and Shame
Author: Luna Dolezal
Publisher: Lexington Books
ISBN: 0739181696
Category : Philosophy
Languages : en
Pages : 207
Book Description
The Body and Shame: Phenomenology, Feminism, and the Socially Shaped Body investigates the concept of body shame and explores its significance when considering philosophical accounts of embodied subjectivity. Body shame only finds its full articulation in the presence (actual or imagined) of others within a rule and norm governed milieu. As such, it bridges our personal, individual and embodied experience with the social, cultural and political world that contains us. Luna Dolezal argues that understanding body shame can shed light on how the social is embodied, that is, how the body—experienced in its phenomenological primacy by the subject—becomes a social and cultural artifact, shaped by external forces and demands. The Body and Shame introduces leading twentieth-century phenomenological and sociological accounts of embodied subjectivity through the work of Edmund Husserl, Maurice Merleau-Ponty, Jean-Paul Sartre, Michel Foucault and Norbert Elias. Dolezal examines the embodied, social and political features of body shame. contending that body shame is both a necessary and constitutive part of embodied subjectivity while simultaneously a potential site of oppression and marginalization. Exploring the cultural politics of shame, the final chapters of this work explore the phenomenology of self-presentation and a feminist analysis of shame and gender, with a critical focus on the practice of cosmetic surgery, a site where the body is literally shaped by shame. The Body and Shame will be of great interest to scholars and students in a wide variety of fields, including philosophy, phenomenology, feminist theory, women’s studies, social theory, cultural studies, psychology, sociology, and medical humanities.
Publisher: Lexington Books
ISBN: 0739181696
Category : Philosophy
Languages : en
Pages : 207
Book Description
The Body and Shame: Phenomenology, Feminism, and the Socially Shaped Body investigates the concept of body shame and explores its significance when considering philosophical accounts of embodied subjectivity. Body shame only finds its full articulation in the presence (actual or imagined) of others within a rule and norm governed milieu. As such, it bridges our personal, individual and embodied experience with the social, cultural and political world that contains us. Luna Dolezal argues that understanding body shame can shed light on how the social is embodied, that is, how the body—experienced in its phenomenological primacy by the subject—becomes a social and cultural artifact, shaped by external forces and demands. The Body and Shame introduces leading twentieth-century phenomenological and sociological accounts of embodied subjectivity through the work of Edmund Husserl, Maurice Merleau-Ponty, Jean-Paul Sartre, Michel Foucault and Norbert Elias. Dolezal examines the embodied, social and political features of body shame. contending that body shame is both a necessary and constitutive part of embodied subjectivity while simultaneously a potential site of oppression and marginalization. Exploring the cultural politics of shame, the final chapters of this work explore the phenomenology of self-presentation and a feminist analysis of shame and gender, with a critical focus on the practice of cosmetic surgery, a site where the body is literally shaped by shame. The Body and Shame will be of great interest to scholars and students in a wide variety of fields, including philosophy, phenomenology, feminist theory, women’s studies, social theory, cultural studies, psychology, sociology, and medical humanities.
Crime, Shame and Reintegration
Author: John Braithwaite
Publisher: Cambridge University Press
ISBN: 9780521356688
Category : Biography & Autobiography
Languages : en
Pages : 242
Book Description
Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
Publisher: Cambridge University Press
ISBN: 9780521356688
Category : Biography & Autobiography
Languages : en
Pages : 242
Book Description
Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
The Age of Entitlement
Author: Christopher Caldwell
Publisher: Simon & Schuster
ISBN: 1501106910
Category : History
Languages : en
Pages : 352
Book Description
A major American intellectual and “one of the right’s most gifted and astute journalists” (The New York Times Book Review) makes the historical case that the reforms of the 1960s, reforms intended to make the nation more just and humane, left many Americans feeling alienated, despised, misled—and ready to put an adventurer in the White House. Christopher Caldwell has spent years studying the liberal uprising of the 1960s and its unforeseen consequences and his conclusion is this: even the reforms that Americans love best have come with costs that are staggeringly high—in wealth, freedom, and social stability—and that have been spread unevenly among classes and generations. Caldwell reveals the real political turning points of the past half-century, taking you on a roller-coaster ride through Playboy magazine, affirmative action, CB radio, leveraged buyouts, iPhones, Oxycotin, Black Lives Matter, and internet cookies. In doing so, he shows that attempts to redress the injustices of the past have left Americans living under two different ideas of what it means to play by the rules. Essential, timely, hard to put down, The Age of Entitlement “is an eloquent and bracing book, full of insight” (New York magazine) about how the reforms of the past fifty years gave the country two incompatible political systems—and drove it toward conflict.
Publisher: Simon & Schuster
ISBN: 1501106910
Category : History
Languages : en
Pages : 352
Book Description
A major American intellectual and “one of the right’s most gifted and astute journalists” (The New York Times Book Review) makes the historical case that the reforms of the 1960s, reforms intended to make the nation more just and humane, left many Americans feeling alienated, despised, misled—and ready to put an adventurer in the White House. Christopher Caldwell has spent years studying the liberal uprising of the 1960s and its unforeseen consequences and his conclusion is this: even the reforms that Americans love best have come with costs that are staggeringly high—in wealth, freedom, and social stability—and that have been spread unevenly among classes and generations. Caldwell reveals the real political turning points of the past half-century, taking you on a roller-coaster ride through Playboy magazine, affirmative action, CB radio, leveraged buyouts, iPhones, Oxycotin, Black Lives Matter, and internet cookies. In doing so, he shows that attempts to redress the injustices of the past have left Americans living under two different ideas of what it means to play by the rules. Essential, timely, hard to put down, The Age of Entitlement “is an eloquent and bracing book, full of insight” (New York magazine) about how the reforms of the past fifty years gave the country two incompatible political systems—and drove it toward conflict.
Constitutional Diplomacy
Author: Michael J. Glennon
Publisher: Princeton University Press
ISBN: 9780691023052
Category : Law
Languages : en
Pages : 382
Book Description
Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.
Publisher: Princeton University Press
ISBN: 9780691023052
Category : Law
Languages : en
Pages : 382
Book Description
Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.
The Constitutionalization of the European Union
Author: Berthold Rittberger
Publisher: Routledge
ISBN: 1317996933
Category : Political Science
Languages : en
Pages : 188
Book Description
Previously published as a special issue of the Journal of European Public Policy, this volume presents a theory of constitutionalization as well as comparative analyses and case studies to underscore the claim that the European integration process itself engenders a democratic self-healing mechanism. There exists a consensus among academics, politicians, and the public that the European Union suffers from a ‘democratic deficit’. But how can it be resolved? This book deals with two core areas central for the development of the liberal-democratic constitutional state: the extension of the powers of representative assemblies and the institutionalization of human rights. The European Union has made remarkable progress in these two areas over the past half century. Whenever a planned step of European integration through transfers of sovereignty threatens to undermine domestic standards of parliamentary control and human rights standards, political elites in the member states regularly mobilize to counteract these developments. The proponents of the Union’s ‘constitutionalization’ regularly invoke democratic and human rights norms shared by all members of the European Union to successfully exercise moral pressure on the sceptics of further constitutionalization.
Publisher: Routledge
ISBN: 1317996933
Category : Political Science
Languages : en
Pages : 188
Book Description
Previously published as a special issue of the Journal of European Public Policy, this volume presents a theory of constitutionalization as well as comparative analyses and case studies to underscore the claim that the European integration process itself engenders a democratic self-healing mechanism. There exists a consensus among academics, politicians, and the public that the European Union suffers from a ‘democratic deficit’. But how can it be resolved? This book deals with two core areas central for the development of the liberal-democratic constitutional state: the extension of the powers of representative assemblies and the institutionalization of human rights. The European Union has made remarkable progress in these two areas over the past half century. Whenever a planned step of European integration through transfers of sovereignty threatens to undermine domestic standards of parliamentary control and human rights standards, political elites in the member states regularly mobilize to counteract these developments. The proponents of the Union’s ‘constitutionalization’ regularly invoke democratic and human rights norms shared by all members of the European Union to successfully exercise moral pressure on the sceptics of further constitutionalization.
Constitutionalism and the Rule of Law
Author: Maurice Adams
Publisher: Cambridge University Press
ISBN: 1316883256
Category : Law
Languages : en
Pages : 559
Book Description
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Publisher: Cambridge University Press
ISBN: 1316883256
Category : Law
Languages : en
Pages : 559
Book Description
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.