Download or read book Shaming the Constitution written by Michael L. Perlin and published by Temple University Press. This book was released on 2017-03-24 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Sentiments written by András Sajó and published by Yale University Press. This book was released on 2011-01-01 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: constitutional meaning, Sajo has extended to the realm of law the emerging trend that recognizes the fallibility of rational behavior. --
Download or read book Shaming the Constitution written by Michael L. Perlin and published by Temple University Press. This book was released on 2017-03-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Government s Speech and the Constitution written by Helen Norton and published by Cambridge University Press. This book was released on 2019-08-22 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies and explains the constitutional problems triggered by the government's speech, and proposes a new framework for thinking about them.
Download or read book The Legal Aspects of Shaming An Ancient Sanction in the Modern World written by Meital Pinto and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Diplomacy written by Michael J. Glennon and published by Princeton University Press. This book was released on 1990 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Crime Shame and Reintegration written by John Braithwaite and published by Cambridge University Press. This book was released on 1989-03-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Shame Punishment written by Thom Brooks and published by Routledge. This book was released on 2019-10-28 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shame punishment has existed for perhaps as long as people have been punished, and the issue has been revisited in recent years to help improve crime reduction efforts. In this collection, shame punishment is examined from various critical perspectives, including its relation with expressivism, the diversity of shame punishment used today, the link between shame punishment and restorative justice, the relationship between dignity and shame punishment, shame punishment and its use for sex offenders, and critics of shame punishment in its different incarnations. The selected essays are from leading experts and represent the most important contributions to scholarly research in the field.
Download or read book The Collaborative Constitution written by Aileen Kavanagh and published by Cambridge University Press. This book was released on 2023-09-30 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
Download or read book Prohibition the Constitution and States Rights written by Sean Beienburg and published by University of Chicago Press. This book was released on 2019-06-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.
Download or read book The State and Federal Courts written by Christopher P. Banks and published by Bloomsbury Publishing USA. This book was released on 2017-01-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society. This single-volume work provides a comprehensive and contemporary treatment of the historical development of state and federal courts that clearly documents how they have evolved into significant political institutions. It addresses vital and highly relevant subjects such as the constitutional origins of courts, the nature of judicial selection and service, and the organization of courts and their administration. The book explains civil and criminal legal proceedings, the political impact of judicial rulings, and the restraints placed upon the exercise of judicial powers. Readers will come away with an understanding of the key principles of constitutional interpretation and judicial review as well as judicial independence, what factors affect access to courts, the underlying politics of state judicial campaigns, and the confirmation of presidential appointments to the federal bench. The book covers historical and contemporary court perspectives on major issues, such as same-sex marriage, the Affordable Care Act, campaign financing, gun rights, free speech and religious freedom, racial discrimination, affirmative action, criminal procedure and punishments, property rights, and voting rights.
Download or read book The Communitarian Constitution written by Beau Breslin and published by JHU Press. This book was released on 2006-09-21 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bowling Alone, the title of Robert Putnam's 1995 article (later a bestselling book) perfectly captured a sense of national unease: Somewhere along the way, America had become a nation divided by apathy, and the bonds that held together civil society were disappearing. But while the phrase resonated with our growing sense of atomization, it didn't describe a new phenomenon. The fear that isolation has eroded our social bonds had simmered for at least two decades, when communitarianism first emerged as a cogent political philosophy. Communitarianism, as explained in the works of Michael Sandel, Alasdair MacIntyre, Amitai Etzioni, and others, elevates the idea of communal good over the rights of individuals. Throughout the 1980s and 1990s, communitarianism gained popular and political ground. The Clintons touted its principles in the '90s, and the two presidents Bush make frequent references to its central tenets. In its short life, the philosophy has generated plenty of books, both pro and con. Beau Breslin's authoritative and original examination, The Communitarian Constitution, contributes to the debate from a wholly original standpoint. Existing critiques focus on the debate between liberalism and communitarianism—in other words, the conflict between individual rights and the communal good. Breslin takes an entirely different stance, examining the pragmatic question of whether or not communitarian policies are truly practicable in a constitutional society. In tackling this question, Breslin traces the evolution of American communitarianism. He examines Lincoln's unconstitutional Civil War suspension of habeas corpus and draws on Federalist and Anti-Federalist arguments, pegging the Anti-Federalists as communitarians' intellectual forebearers. He also grounds his arguments in the real world, examining the constitutions of Germany and Israel, which offer further insight into the relationship between constitutionalism and communitarianism. At a moment when American politicians and citizenry are struggling to balance competing needs, such as civil rights and homeland security, The Communitarian Constitution is vital reading for anyone interested in the evolving tensions between individual rights and the good of the community.
Download or read book The Body and Shame written by Luna Dolezal and published by Lexington Books. This book was released on 2015-03-31 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Federal Democracies at Work written by Arthur Benz and published by University of Toronto Press. This book was released on 2021-04-07 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars widely agree that a federal system cannot work effectively without democracy. As a result of the division or sharing of powers between levels of government, there remains considerable uncertainty about how rules or patterns of politics between the executive and legislative branches interact. Combining theoretical analyses and selected case studies, Federal Democracies at Work contributes to our understanding of the complex relations between federalism and democracy. Throughout the volume, contributing authors elaborate and apply an innovative analytical framework to provide greater clarity on the complex relations between federalism and democracy. As a whole, the volume explores how different institutional configurations of federal democracies alleviate or intensify inherent tensions; how actors grapple and cope with the challenge of these complexities; and how structures evolve as a result of rising conflicts and institutional reforms or adjustments. In doing so, Federal Democracies at Work advances research on comparative federalism and works toward a better understanding of how these compound systems work.
Download or read book A Divided America Can Recover From Shame Blame written by Dr. Janet C. Lindeman PhD and published by Paper Gold Publishing. This book was released on 2020-03-18 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are you the recipient of shame and blame or the perpetrator of it? Would you like America to be less divided? If so, this is the book for you. A divided nation and shaming and blaming individuals can eventually destroy themselves. President Lincoln is often quoted as having said, “Together we stand. Divided we fall.” The United States of America are no longer united. The situation is reaching a crisis point. People are losing faith in themselves and their government to deal with these divides. The upcoming 2020 election will likely probably bring out the competitive, divisive rhetoric from all sides. How will we all deal with this? All the black-and-white, good/bad thinking is exhausting on all sides of the various conflicts. A retired psychologist, not a politician, Dr. Lindeman believes we can all benefit from an alternative, holistic thinking. This small book can alter the way you approach any potential conflict.
Download or read book Founding Moments in Constitutionalism written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries. This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.
Download or read book A Covenantal Imagination written by William Johnson Everett and published by Wipf and Stock Publishers. This book was released on 2021-12-15 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This harvest of articles drawn from William Johnson Everett's career of teaching and research on four continents and in a variety of institutions shows the breadth, depth, and diversity of his interests. Like spotlights in the wider field of Christian social ethics, they illuminate the key threads that have held together an emerging tapestry of thought woven around the powerful concept of covenant. Whether lifting up concepts of covenant, federalism, and corporation, the "oikos" of work, family, and faith, the public nature and mission of the church, or the ethical meaning of journey metaphors, his rich and artful style leads us into thinking more deeply about the way our lives are joined in a "covenantal imagination" about a more just and sustainable world.
