Studies in Law, Politics, and Society. Vol. 31
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Author | : Austin Sarat |
Publisher | : Emerald Group Publishing |
Total Pages | : 176 |
Release | : 2020-05-04 |
Genre | : Law |
ISBN | : 1839822783 |
This volume of Studies in Law, Politics and Society brings together an international and interdisciplinary array of scholars to explore issues on the cutting edge of socio-legal research.
Author | : Susan S. Silbey |
Publisher | : JAI Press(NY) |
Total Pages | : 264 |
Release | : 1992 |
Genre | : Law |
ISBN | : 9781559383936 |
This volume is part of an annually-published series of interdisciplinary research on law, with a critical focus. Research is invited on a wide range of law-related subjects, including law and inequality, feminist jurisprudence, racial oppression and law, and legal institutions and communities.
Author | : Austin Sarat |
Publisher | : |
Total Pages | : 190 |
Release | : 2006 |
Genre | : Deviant behavior |
ISBN | : 9780080462455 |
This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary group of scholars. Their work covers several social science disciplines as well as law. Some of the articles published in this issue examine the interactions of law and "vulnerable" populations. Here research illustrates the complex ways law can be used by those groups, as well as the impact of law on their lives. Other articles focus on indigenous groups and particular legal controversies in which they are involved. Taken together they exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.
Author | : Linda Ross Meyer |
Publisher | : University of Michigan Press |
Total Pages | : 386 |
Release | : 2010-11-22 |
Genre | : Law |
ISBN | : 0472024558 |
"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and Levinasian philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities." ---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College "This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system." ---Carol Steiker, Harvard Law School "Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize. . . . Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light." ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities. Jacket illustration: "Lotus" by Anthony James
Author | : Austin Sarat |
Publisher | : Jai Press |
Total Pages | : 185 |
Release | : 1997-09-01 |
Genre | : Law |
ISBN | : 9780762303007 |
This volume is part of an annually-published series of interdisciplinary research on law, with a critical focus. Research is invited on a wide range of law-related subjects, including law and inequality, feminist jurisprudence, racial oppression and law, and legal institutions and communities.
Author | : Robert E. Litan |
Publisher | : Brookings Institution Press |
Total Pages | : 557 |
Release | : 2011-09-01 |
Genre | : Law |
ISBN | : 081572019X |
The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that w
Author | : Paul D'anieri |
Publisher | : Routledge |
Total Pages | : 352 |
Release | : 2018-02-23 |
Genre | : Political Science |
ISBN | : 0429966717 |
With NATO expanding into central Europe, Ukraine has become a pivotal state for the future of European stability, yet it is a country about which little is known in the west. Politics and Society in Ukraine fills that gap, providing the first comprehensive and detailed study of the contemporary Ukrainian political system. Beginning with a discussion of the legacy of the Soviet Union, the authors illuminate Ukraines regional and ethnic tensions, governmental system, efforts at reform, and foreign policy. They consider all of those issues from a comparative perspective that readers unfamiliar with Ukraine will find illuminating. The authors are three of the leading authorities on Ukrainian politics, and each has extensive experience in the country. This book provides much-needed analysis of a crucial country. }With the expansion of NATO, Ukraine is frequently described as the linchpin of security in Central Europe. And after Russia, it is the largest and most important of the post-Soviet states. Yet it is a country about which most westerners know very little, subsumed as it was for decades beneath the Russian Empire and the Soviet Union. Ukrainian Politics and Society is the first comprehensive study of politics in post-Soviet Ukraine, and is therefore vital reading for anyone concerned with European security, or with politics in the former Soviet Union.The authors extensive experience in Ukraine allows them to explain the paradoxes of Ukrainian politics that have led to so many false predictions concerning the future of the Ukrainian state. Their examination of nationality politics shows why ethnic and regional differences have tended to recede rather than to spin out of control, as they have elsewhere in the region. At the same time, these differences hamstring the countrys political system, and the authors show how difficult a task it is for democratic institutions to provide effective government in a country with little consensus. By viewing economic reform in its profoundly political context, the authors expose the chasm between the theory and practice of economic reform. Understanding of how to make profits has not been lacking, but government regulation to ensure that profit-seeking behavior leads to functioning markets has been conspicuously absent.By examining in detail how Ukrainian politics has followed theoretical expectations and where it has contradicted them, the authors arrive at conclusions with implications well beyond Ukraine. Ukraine must first build a state and a nation before it can successfully reform its economy or build a genuine democracy. For Ukraine and its people, the task is daunting. For the west, whose security increasingly relies on stability in Ukraine, this book provides the knowledge necessary to approach the problem, as well as good reason not to ignore it. }