Suchergebnisse

"From the beginning of the Republic, this country has struggled to reconcile its use of capital punishment with the Constitution's prohibition of cruel punishment. Death penalty proponents argue both that it is justifiable as a response to particularly heinous crimes, and that it serves to deter people from committing them in the future. However, since the earliest executions, abolitionists have fought against this state-sanctioned killing, arguing, among other things, that the methods of execution have frequently been just as gruesome as the crimes meriting their use execution. Lethal injection was first introduced in order to quell such objections, but, as Austin Sarat shows in this brief history, its supporters' commitment to painless and humane death has never been certain. This book tells the story of lethal injection's earliest iterations in the United States, starting with New York state's rejection of that execution method almost a century and half ago. Sarat recounts lethal injection's return in the late 1970s, and offers novel and insightful scrutiny of the new drug protocols that went into effect between 2010 and 2020. Drawing on rare data, he makes the case that lethal injections during this time only became more unreliable, inefficient, and more frequently botched. Beyond his stirring narrative history, Sarat mounts a comprehensive condemnation of the state-level maneuvering in response to such mishaps, whereby death penalty states adopted secrecy statutes and adjusted their execution protocols to make it harder to identify and observe lethal injection's flaws. What was once touted as America's most humane execution method is now its most unreliable one. What was once a model of efficiency in the grim business of state killing, is now marked by mayhem. The book concludes by critically examining the place of lethal injection, and the death penalty writ large, today"--

This special issue investigates the meaning of justice and dignity and how they have changed over time. What do we mean by human dignity? How do we understand and interpret that meaning? How has it evolved? Showcasing a selection of papers responding to this critical central question, the authors delve into issues such as the foundational roles of justice and dignity in practical philosophy and the idea that human dignity must be understood as the right to be recognized as a participant in the institutional practice of human and fundamental rights, analysing how this modern conception was incorporated into the practice of human rights after Auschwitz as a response to a crisis in the modern model of the practice of rights. Furthermore, the authors study examples of misinterpretation of the philosophical term and historical concept of human dignity in contemporary legal theory and practice alongside Kant's notion of human dignity, that is understood as a novel 'care of the self'. Self-violation of dignity and the exposure to violation by others - thoughtlessly or intentionally - gives way to an exploration of the language of anti-violence activists, university coordinators, and due process activists concerned with Title IX and campus sexual violence. Providing a comprehensive look at historic and contemporary meanings of human dignity, this edited collection is an appealing read for scholars interested in the intersection of dignity with philosophy, law, human rights, legal theory, social theory, and more.

This special issue is part two of a two-part edited collection on interrupting the legal person, and what this means. Should we think of the legal person as a technical and grammatical question that varies across different legal traditions and jurisdictions? Does this cut across different ways of living and speaking law?.

This special issue is part one of a two-part edited collection on interrupting the legal person, and what this means. The chapters in this volume interrogate the role of the person and personhood in different contexts, jurisdictions, and legal traditions.

This special issue is part one of a two-part edited collection on the privatisation of migration. The central thrust of the special issue is a critical analysis of modern day manifestations of private participation in immigration control. The authors examine the consequences of private participation in terms of legal rights and liabilities.

This volume brings together an international and interdisciplinary array of scholars to explore issues around citizenship and law. With chapters on different elements of the relationship between law and citizenship, the volume makes a key contribution to the field and is essential reading for legal scholars.

This volume of Studies in Law, Politics, and Society brings together an international and interdisciplinary array of scholars to explore issues around citizenship and the law. Topics covered include the constitutive nature of citizenship laws and the often complex and unsettled evolutionary journeys such laws take, how undocumented migrants in the United States have coped with being 'unlawful', the close connection between immigration enforcement and citizenship rights in the United States, a sociological and historical reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and a study of the expressive components of humanitarian activism in the context of immigration enforcement on the border between the United States and Mexico. Through its valuable contribution to our understanding of the relationship between law and citizenship, this volume is essential reading for legal scholars worldwide.

Chapter 1. Overcoming liberal democracy: 'threat governmentality' and the empowerment of intelligence in the UK Investigatory Powers Act / Christos Boukalas -- Chapter 2. Judicial reform and legal opportunity structure: the emergence of strategic litigation against femicide in Mexico / Vero'nica Michel -- Chapter 3. Avoiding international human rights law in the pursuit of peace / Chris Kendall -- Chapter 4. Criminalization and the rights bearing subject: considering the lived experiences of governance in the juvenile court / Elizabeth Brown and Amy Smith -- Chapter 5. Claiming food sovereignty: legal mobilization in an era of global governance / Matthew C. Canfield -- Chapter 6. How entrapment still matters: partial successes of entrapment claims in terrorism prosecutions / Jesse J. Norris.

Culturally Motivated Crimes in Italian doctrineItalian Cases Involving Cultural Experts; Cultural Expertise in the "L'Aquila Trial"; The Meaning of this Sentence and the Issue of Cultural Causation; Conclusion; References; PART II SITES OF CULTURAL EXPERTISE; Assessing Cultural Expertise in Portugal: Challenges and Opportunities; Introduction; From Culture to Cultural Expertise in Court; The State in the Face of Cultural Diversity -- Some General Remarks; Culture and State Law; Cultural Issues in Court Practice; Cultural Issues in Portuguese Courts Practice; Allowing for Expert Intervention?