Download or read book Merciful Judgments and Contemporary Society written by Austin Sarat and published by Cambridge University Press. This book was released on 2011-10-31 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem for, law. This book is a product of the University of Alabama School of Law symposia series on 'Law, Knowledge and Imagination'. It explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues.
Download or read book Merciful Judgments and Contemporary Society written by and published by . This book was released on 2012 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merciful Judgments in Contemporary Society: Legal Problems/Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem, for law. Whether one starts from a worry about rules and discretion, about the attitudes of citizens and their leaders, or ways to undo the past, merciful judgments challenge and perplex, just as they help to sustain, our legal system. Charting these possibilities and problems is the work that this book seeks to do. Here we ask what challenges merciful judgments pose for law? When and why do those judgments encourage and nurture legal ingenuity and resourcefulness? When and why do they precipitate crises and breakdowns in legal authority? This book is a product of The University of Alabama School of Law symposia series on "Law, Knowledge & Imagination." This series explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy, and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge, and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues"
Download or read book Merciful Judgments and Contemporary Society written by Austin Sarat and published by Cambridge University Press. This book was released on 2011-10-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merciful Judgments in Contemporary Society: Legal Problems/Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem, for law. Whether one starts from a worry about rules and discretion, about the attitudes of citizens and their leaders, or ways to undo the past, merciful judgments challenge and perplex, just as they help to sustain, our legal system. Charting these possibilities and problems is the work that this book seeks to do. Here we ask what challenges merciful judgments pose for law? When and why do those judgments encourage and nurture legal ingenuity and resourcefulness? When and why do they precipitate crises and breakdowns in legal authority? This book is a product of The University of Alabama School of Law symposia series on "Law, Knowledge & Imagination." This series explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy, and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge, and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues.
Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017-08-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Download or read book Comparative Executive Clemency written by Andrew Novak and published by Routledge. This book was released on 2015-08-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
Download or read book Nussbaum and Law written by Robin West and published by Routledge. This book was released on 2017-07-05 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected in this volume reflect the profound impact of Martha Nussbaum?s philosophical writings on law and legal scholarship. The capabilities approach that she has largely authored has influenced the approach scholars take to the law of disabilities, both in the United States and in Canada, as well as to international human rights and to domestic private law?s protections of vulnerable populations. Her analyses of the relationship between our emotions and our thought and action has triggered a re-assessment of the legal regulation and recognition of emotion in a range of fields, most particularly in the field of criminal law; and her writing on the nature of dignity has informed an understanding of the emerging civil rights of gay and lesbian citizens worldwide. Our appreciation of the role of narrative in legal thought and discourse and the contributions of literature to law and legal culture, have also been broadened and deepened by her contributions. Taken together, and including the introduction by the editor, the essays collected in this volume demonstrate the far-reaching impact of Nussbaum?s philosophical oeuvre.
Download or read book The Decline of Mercy in Public Life written by Alex Tuckness and published by Cambridge University Press. This book was released on 2014-04-21 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The virtue of mercy is widely admired, but is now marginalized in contemporary public life. Yet for centuries it held a secure place in western public discourse without implying a necessary contradiction with justice. Alex Tuckness and John M. Parrish ask how and why this changed. Examining Christian and non-Christian ancient traditions, along with Kantian and utilitarian strains of thought, they offer a persuasive account of how our perception of mercy has been transformed by Enlightenment conceptions of impartiality and equality that place justice and mercy in tension. Understanding the logic of this decline, they argue, will make it possible to promote and defend a more robust role for mercy in public life. Their study ranges from Homer to the late Enlightenment and from ancient tragedies to medieval theologies to contemporary philosophical texts, and will be valuable to readers in political philosophy, political theory, and the philosophy of law.
Download or read book Mercy and British Culture 1760 1960 written by James Gregory and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning over 2 centuries, James Gregory's Mercy and British Culture, 1760 -1960 provides a wide-reaching yet detailed overview of the concept of mercy in British cultural history. While there are many histories of justice and punishment, mercy has been a neglected element despite recognition as an important feature of the 18th-century criminal code. Mercy and British Culture, 1760-1960 looks first at mercy's religious and philosophical aspects, its cultural representations and its embodiment. It then looks at large-scale mobilisation of mercy discourses in Ireland, during the French Revolution, in the British empire, and in warfare from the American war of independence to the First World War. This study concludes by examining mercy's place in a twentieth century shaped by total war, atomic bomb, and decolonisation.
Download or read book Forgiveness Work written by Arzoo Osanloo and published by Princeton University Press. This book was released on 2020-06-23 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal foundations : victim's rights and retribution -- Codifying mercy : judicial reform, affective process, and judge's knowledge -- Seeking reconciliation : sentimental reasoning and reconciled duties -- Judicial forbearance advocacy : motivations, potentialities, and the interstices of time -- Forgiveness sanctioned : affective faith in healing -- Mediating Mercy : the affective lifeworlds of forgiveness activists -- The art of forgiveness -- Cause lawyers : advocating mercy's law.
Download or read book Discretionary Justice written by Carolyn Strange and published by NYU Press. This book was released on 2016-12-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.
Download or read book Justice Migration and Mercy written by Michael Blake and published by Oxford University Press, USA. This book was released on 2020 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we understand the political morality of migration? Are travel bans, walls, or carrier sanctions ever morally permissible in a just society? This book offers a new approach to these and related questions. It identifies a particular vision of how we might apply the notion of justice to migration policy - and an argument in favor of expanding the ethical tools we use, to include not only justice but moral notions such as mercy/
Download or read book Mercy written by Hans Schaeffer and published by LIT Verlag Münster. This book was released on 2018 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mercy is an important concept in the Christian moral tradition. It is one of the most prominent divine attributes, and is embodied in Jesus Christ. This volume investigates the concept of mercy from a Protestant point of view with respect to its consequences for an increasingly non-Christian society. Starting from its biblical origins, a group of international authors explicates the intrinsically messianic logic of divine mercy for its potential in current theological ethics, practical ecclesiology, systematic and public theology.
Download or read book Intuitions of Justice and the Utility of Desert written by Paul H. Robinson and published by Oxford University Press, USA. This book was released on 2013-05-23 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research suggests that people of all demographics have nuanced and sophisticated notions of justice. Intuitions of Justice and the Utility of Desert sketches the contours of a wide range of lay judgments of justice, touching many if not most of the issues that penal code drafters or policy makers must face.
Download or read book Civilising Criminal Justice written by David J. Cornwell and published by Waterside Press. This book was released on 2013 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a 'break-through' in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. 'Civilising' criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice - in its various forms - can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book (600 pages) illustrates the many different ways in which criminal justice can be 'civilised' and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable. David Cornwell, John Blad and Martin Wright are three of the leading international experts on this topic with many publications to their names individually. Contributors: Serge Gutwirth and Paul De Hert (Belgium), Federico Reggio (Italy), Bas van Stokkom (The Netherlands), Lode Walgrave (Belgium), Susan Easton and Christine Piper (UK), Louis Blom-Cooper QC (UK), Tapio Lappi-Seppälä (Finland), Thomas Trenczek (Germany), Jean-Pierre Bonafé-Schmitt (France), Per Andersen (Norway), Claire Spivakovsky (Australia), Ann Skelton (Republic of South Africa), Borbála Fellegi (Hungary), Judge Fred McElrea (New Zealand); and the editors. John Braithwaite is a Distinguished Professor at the Australian National University, author of ground-breaking works on restorative justice and recipient of various awards.
Download or read book Sentencing and Artificial Intelligence written by Jesper Ryberg and published by Oxford University Press. This book was released on 2022-01-21 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used--and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court--that of determining legal punishment--to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.
Download or read book Judgment and Mercy written by Martin J. Siegel and published by Cornell University Press. This book was released on 2023-03-15 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judgment and Mercy, Martin J. Siegel offers an insightful and compelling biography of Irving Robert Kaufman, the judge infamous for condemning Julius and Ethel Rosenberg to death for atomic espionage. In 1951, world attention fixed on Kaufman's courtroom as its ambitious young occupant stridently blamed the Rosenbergs for the Korean War. To many, the harsh sentences and their preening author left an enduring stain on American justice. But then the judge from Cold War central casting became something unexpected: one of the most illustrious progressive jurists of his day. Upending the simplistic portrait of Judge Kaufman as a McCarthyite villain, Siegel shows how his pathbreaking decisions desegregated a Northern school for the first time, liberalized the insanity defense, reformed Attica-era prisons, spared John Lennon from politically motivated deportation, expanded free speech, brought foreign torturers to justice, and more. Still, the Rosenberg controversy lingered. Decades later, changing times and revelations of judicial misconduct put Kaufman back under siege. Picketers dogged his footsteps as critics demanded impeachment. And tragedy stalked his family, attributed in part to the long ordeal. Instead of propelling him to the Supreme Court, as Kaufman once hoped, the case haunted him to the end. Absorbingly told, Judgment and Mercy brings to life a complex man by turns tyrannical and warm, paranoid and altruistic, while revealing intramural Jewish battles over assimilation, class, and patriotism. Siegel, who served as Kaufman's last law clerk, traces the evolution of American law and politics in the twentieth century and shows how a judge unable to summon mercy for the Rosenbergs nonetheless helped expand freedom for all.
Download or read book Metamorphosis written by Robert A Ferguson and published by Yale University Press. This book was released on 2018-04-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years, the need for prison reform in America has reached the level of a consensus. We agree that many prison terms are too long, especially for nonviolent drug offenders; that long-term isolation is a bad idea; and that basic psychiatric and medical care in prisons is woefully inadequate. Some people believe that contracting out prison services to for-profit companies is a recipe for mistreatment. Robert Ferguson argues that these reforms barely scratch the surface of what is wrong with American prisons: an atmosphere of malice and humiliation that subjects prisoners and guards alike to constant degradation. Bolstered by insights from hundreds of letters written by prisoners, Ferguson makes the case for an entirely new concept of prisons and their purpose: an “inner architectonics of reform” that will provide better education for all involved in prisons, more imaginative and careful use of technology, more sophisticated surveillance systems, and better accountability.
