Laws Violence

Author : David L Richards
Publisher : Routledge
ISBN 13 : 1317249607
Total Pages : 205 pages
Book Rating : 4.03/5 ( download)

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Download or read book Violence Against Women and the Law written by David L Richards and published by Routledge. This book was released on 2015-11-17 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : David Alan Sklansky
Publisher : Harvard University Press
ISBN 13 : 0674259696
Total Pages : 337 pages
Book Rating : 4.90/5 ( download)

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Download or read book A Pattern of Violence written by David Alan Sklansky and published by Harvard University Press. This book was released on 2021-03-23 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Amy Swiffen
Publisher : Routledge
ISBN 13 : 1317602102
Total Pages : 192 pages
Book Rating : 4.01/5 ( download)

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Download or read book Legal Violence and the Limits of the Law written by Amy Swiffen and published by Routledge. This book was released on 2017-08-10 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.

Author : Leigh Goodmark
Publisher : NYU Press
ISBN 13 : 0814732224
Total Pages : 264 pages
Book Rating : 4.29/5 ( download)

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Download or read book A Troubled Marriage written by Leigh Goodmark and published by NYU Press. This book was released on 2012 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brave, humane, and generous . . . still he was only a brave, humane, and generous rebel; curse on his virtues, they've undone this country. --Member of British Parliament Lord North, upon hearing of General Richard Montgomery's death in battle against the British At 3 a.m. on December 31, 1775, a band of desperate men stumbled through a raging Canadian blizzard toward Quebec. The doggedness of this ragtag militia--consisting largely of men whose short-term enlistments were to expire within the next 24 hours--was due to the exhortations of their leader. Arriving at Quebec before dawn, the troop stormed two unmanned barriers, only to be met by a British ambush at the third. Amid a withering hale of cannon grapeshot, the patriot leader, at the forefront of the assault, crumpled to the ground. General Richard Montgomery was dead at the age of 37. Montgomery--who captured St. John and Montreal in the same fortnight in 1775; who, upon his death, was eulogized in British Parliament by Burke, Chatham, and Barr; and after whom 16 American counties have been named--has, to date, been a neglected hero. Written in engaging, accessible prose, General Richard Montgomery and the American Revolution chronicles Montgomery's life and military career, definitively correcting this historical oversight once and for all.

Author : Austin Sarat
Publisher : University of Michigan Press
ISBN 13 : 9780472023783
Total Pages : 276 pages
Book Rating : 4.80/5 ( download)

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Download or read book Law's Violence written by Austin Sarat and published by University of Michigan Press. This book was released on 2009-11-12 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Sally Engle Merry
Publisher : University of Chicago Press
ISBN 13 : 0226520757
Total Pages : 280 pages
Book Rating : 4.59/5 ( download)

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Download or read book Human Rights & Gender Violence written by Sally Engle Merry and published by University of Chicago Press. This book was released on 2009-07-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.

Author : David Correia
Publisher : University of Georgia Press
ISBN 13 :
Total Pages : 374 pages
Book Rating : 4./5 ( download)

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Download or read book Properties of Violence written by David Correia and published by University of Georgia Press. This book was released on 2013-03-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the compelling story of the Tierra Amarilla conflict, David Correia examines how law and property, in general, and a Mexican-period land grant in northern New Mexico, in particular, have been constituted through violence and social struggle. Spain and Mexico populated what is today New Mexico through large common property land grants to sheepherders and agriculturalists. After the U.S.-Mexican War the area saw rampant land speculation and dubious property adjudication with nearly all the grants being rejected by U.S. courts or acquired by land speculators. Of all the land grant conflicts in New Mexico's history, Tierra Amarilla is one of the most sensational, with numerous nineteenth-century speculators ranking among the state's political and economic elite and a remarkable pattern of resistance to land loss by heirs in the twentieth century. Correia narrates a long and largely unknown history of property conflict in Tierra Amarilla characterized by nearly constant violence-night riding and fence cutting, pitched gun battles, and tanks rumbling along the rutted dirt roads of northern New Mexico. The legal geography he constructs is one that includes a remarkable cast of characters: millionaire sheep barons, Spanish anarchists, hooded Klansmen, Puerto Rican freedom fighters-or as J. Edgar Hoover, another of the characters in Correia's story would have called them, "terrorists." By placing property and law at the center of his study, "Properties of Violence" first reveals and then examines a central irony: violence is not the opposite of law but rather is essential to its operation.

Author : Austin Sarat
Publisher : Princeton University Press
ISBN 13 : 0691187541
Total Pages : 188 pages
Book Rating : 4.49/5 ( download)

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Download or read book Law, Violence, and the Possibility of Justice written by Austin Sarat and published by Princeton University Press. This book was released on 2018-06-05 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Dean Spade
Publisher : Duke University Press
ISBN 13 : 082237479X
Total Pages : 194 pages
Book Rating : 4.94/5 ( download)

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Download or read book Normal Life written by Dean Spade and published by Duke University Press. This book was released on 2015-07-23 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.

Author : Diane Kiesel
Publisher :
ISBN 13 : 9781632815583
Total Pages : 0 pages
Book Rating : 4.83/5 ( download)

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Download or read book Domestic Violence written by Diane Kiesel and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook examines the sadly prevalent appearance of domestic violence in all areas of the law -- from its obvious place in criminal and family law to its less apparent connection to tort, divorce, child custody and federal law. The book also explores how domestic violence is treated in the justice system and explores the ethical and legal considerations for lawyers working in the field. Much has changed since the publication of the first edition a decade ago, particularly in the areas of evidence, expert witnesses, immigration and federal firearms laws. In addition, the book has expanded its scope to include issues surrounding domestic violence on Native American lands, among the police and the military and among the elderly. It also explores how domestic violence is handled in the Third World. The book is designed not only for students who wish to specialize in domestic violence law but for practitioners working in the field and for other students and lawyers who simply have an intellectual interest in the subject. As in the first volume, the book explores the subject in a readily accessible manner by including not only traditional legal articles and case law but selections from history, literature, media, and the popular culture. It also includes interviews with lawyers, artists, and advocates who have taken unique approaches to the challenges in fighting domestic violence as well as pictures and diagrams.