From Slave Abuse to Hate Crime PDF Download
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Author: Ely Aaronson
Publisher: Cambridge University Press
ISBN: 1316147967
Category : History
Languages : en
Pages : 221
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Book Description
This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these laws. A thought-provoking analysis of how criminal law reflects and constructs social norms, this book offers a new historical and theoretical perspective for analyzing the limits of current attempts to use criminal legislation as a weapon against racism.
Author: Ely Aaronson
Publisher: Cambridge University Press
ISBN: 1316147967
Category : History
Languages : en
Pages : 221
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Book Description
This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these laws. A thought-provoking analysis of how criminal law reflects and constructs social norms, this book offers a new historical and theoretical perspective for analyzing the limits of current attempts to use criminal legislation as a weapon against racism.
Author: Mark Austin Walters
Publisher: Springer Nature
ISBN: 3031081250
Category : Social Science
Languages : en
Pages : 278
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Book Description
This book presents both a new theoretical framework for the criminalisation of hate, referred to as “law as social justice liberalism”, and a comprehensive analysis of hate crime laws that have been enacted globally. The book begins by reflecting back on 30 years of theorisation on hate crime laws, arguing that there has been a failure to adequately capture the distinct harms of hate-based criminal conduct within legal frameworks. The book posits that liberal societies interested in advancing social equality ought to expand conventional paradigms of harm used in criminal law by comprehending hate-based conduct as a form of social injustice. Drawing on the work of Iris Young, the book sets out a comprehensive analysis of the harms of hate crime as a form of group-based oppression and uses this to set out criteria for the inclusion of protected characteristics under legislation. The second half of the book presents findings from a comparative study of hate crime laws enacted in 190 different legal jurisdictions. This includes a new taxonomy of types, models and legal tests used by legislatures to capture the myriad forms of hate-based criminal conduct that occur globally. Further evaluation of case law and empirical research on the application of these diverging legislative approaches is used to provide recommendations on how legislators ought to construct hate crime laws. The book completes its analysis of law as social justice liberalism by synthesising law, punishment and restorative justice as a means of ensuring that liberal systems of “justice” are more firmly anchored to the advancement of “social justice”.
Author: Lucille Micheletto
Publisher: Springer Nature
ISBN: 3031190203
Category : Social Science
Languages : en
Pages : 243
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Book Description
This book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well as to an audience with a specific interest in the Italian context.
Author: Clara S. Lewis
Publisher: Rutgers University Press
ISBN: 0813570891
Category : Social Science
Languages : en
Pages : 151
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Book Description
Why do we know every gory crime scene detail about such victims as Matthew Shepard and James Byrd Jr. and yet almost nothing about the vast majority of other hate crime victims? Now that federal anti-hate-crimes laws have been passed, why has the number of these crimes not declined significantly? To answer such questions, Clara S. Lewis challenges us to reconsider our understanding of hate crimes. In doing so, she raises startling issues about the trajectory of civil and minority rights. Tough on Hate is the first book to examine the cultural politics of hate crimes both within and beyond the law. Drawing on a wide range of sources—including personal interviews, unarchived documents, television news broadcasts, legislative debates, and presidential speeches—the book calls attention to a disturbing irony: the sympathetic attention paid to certain shocking hate crime murders further legitimizes an already pervasive unwillingness to act on the urgent civil rights issues of our time. Worse still, it reveals the widespread acceptance of ideas about difference, tolerance, and crime that work against future progress on behalf of historically marginalized communities.
Author: Richard H. McAdams
Publisher: Harvard University Press
ISBN: 0674046927
Category : Language Arts & Disciplines
Languages : en
Pages : 335
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Book Description
Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.
Author: A. Javier Treviño
Publisher: Cambridge University Press
ISBN: 1108694950
Category : Social Science
Languages : en
Pages : 572
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Book Description
The introduction of the Affordable Care Act in the United States, the increasing use of prescription drugs, and the alleged abuse of racial profiling by police are just some of the factors contributing to twenty-first-century social problems. The Cambridge Handbook of Social Problems offers a wide-ranging roster of the social problems currently pressing for attention and amelioration. Unlike other works in this area, it also gives great consideration to theoretical and methodological discussions. This Handbook will benefit both undergraduate and graduate students eager to understand the sociology of social problems. It is suitable for classes in social problems, current events, and social theory. Featuring the most current research, the Handbook provides an especially useful resource for sociologists and graduate students conducting research.
Author: Libby Adler
Publisher: Duke University Press
ISBN: 0822371669
Category : Law
Languages : en
Pages : 268
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Book Description
Libby Adler offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community.
Author: Paul Quinn
Publisher: Routledge
ISBN: 1351470566
Category : Law
Languages : en
Pages : 264
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Book Description
This book demonstrates the difficulties the law is likely to encounter in regulating the expressive activities of the state, particularly with regard to the stigmatization of vulnerable groups and minorities. Freedom of speech is indispensable to a democratic society, enabling it to operate with a healthy level of debate and discussion. Historically, legal scholars have underappreciated the power of stigmatization, instead focusing on anti-discrimination law, and the implicit assumption that the state is permitted to communicate freely with little fear of legal consequences. Whilst integral to a democratic society, the freedom of a state to express itself can however also be corrosive, allowing influential figures and organizations the possibility to stigmatize vulnerable groups within society. The book takes this idea and, uniquely weaving legal analysis with extant psychological and sociological research, shows that current legal approaches to stigmatization are limited. Starting with a deep insight into what constitutes state expressions and how they can become stigmatizing, the book then goes on to look into the capacity the law currently has to limit these expressions and asks even if it could, should it? This fascinating study of an increasingly topical subject will be of interest to any legal scholar working in the field of freedom of expression and discrimination law.
Author: Marian Duggan
Publisher: Policy Press
ISBN: 1447339169
Category : Social Science
Languages : en
Pages : 378
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Book Description
Nils Christie’s (1986) seminal work on the ‘Ideal Victim’ is reproduced in full in this edited collection of vibrant and provocative essays that respond to and update the concept from a range of thematic positions. Each chapter celebrates and commemorates his work by analysing, evaluating and critiquing the current nature and impact of victim identity, experience, policy and practice. The collection expands the focus and remit of ‘victim studies’, addressing key themes around race, gender, faith, ability and age while encompassing new and diverse issues. Examples include sex workers as victims of hate crimes, victims’ experiences of online fraud, and recognising historic child sexual abuse victims in Ireland. With contributions from an array of academics including Vicky Heap (Sheffield Hallam University), Hannah Mason-Bish (University of Sussex) and Pamela Davies (Northumbria University), as well as a Foreword by David Scott (The Open University), this book evaluates the contemporary relevance and applicability of Christie’s ‘Ideal Victim’ concept and creates an important platform for thinking differently about victimhood in the 21st century.
Author: Hennie Strydom
Publisher: African Sun Media
ISBN: 1928480780
Category : Law
Languages : en
Pages : 214
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Book Description
The essays in this book, authored by academics from the Faculties of Law at the University of Johannesburg and Nelson Mandela University respectively, emanate from a joint research project and conference arranged by the Faculties in 2018. The essays focus on public law issues impacting on governance and accountability in South African law and in international and regional law, but with a specific focus on problems afflicting the African continent.
