This book examines the quality and nature of justice dispensed in London’s magistrates’ courts which are the lowest level of the United Kingdom’s Criminal Justice System. In 2016, approximately 230,000 individuals were prosecuted for a criminal offence in these courts, of whom about seventy percent pleaded guilty and were sentenced. Curiously, about eighty-five percent of those who pleaded ‘not guilty’ were subsequently tried, found guilty and sentenced. This book addresses a central paradox of criminal justice: how is it that magistrates are able to reach a guilty verdict despite the elusive and complex nature of ‘truth’ and reality? Research, together with observations of 238 remand hearings and 23 trials has led the author to arrive at some uncomfortable conclusions about a legal system undermined by government austerity policies and lacking in transparency. This book shows that the police fail to investigate most offences, that the Crown Prosecution Service is reliant on the cases which the police want prosecuted, that the quality of legal representation is poor, that magistrates’ decisions may be unjust, and that most defendants are not able to understand or participate in their hearing. Strikingly, a large percentage of defendants are from London’s ‘precariat’. They are young men who are destitute or who rely on unstable incomes; they are semi-literate, from Black and Ethnic Minority Communities, and their basic rights as citizens are being eroded. Because many are repeat offenders, they are recycled through the Criminal Justice System with limited assistance to address the problems which cause offending. Magistrates’ courts dispense ‘summary justice’ in very short hearings which means that defendants have a limited opportunity to defend themselves. In short, summary justice lacks basic due process rights in a legal process which bears a striking resemblance to ‘justice’ in authoritarian, non-democratic societies.
Visualizing Law in the Age of the Digital Baroque explores the profound impact that visual digital technologies are having on the practice and theory of law. Today, lawyers, judges, and lay jurors face a vast array of visual evidence and visual argument. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice inside the courtroom is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image but also the mimetic capacity itself, the human ability to represent reality. What is real, and what is simulation? This is the hallmark of the baroque, when dreams fold into dreams, like immersion in a seemingly endless matrix of digital appearances. When fact-based justice recedes, laws proliferate within a field of uncertainty. Left unchecked, this condition of ontological and ethical uneasiness threatens the legitimacy of lawâe(tm)s claim to power. Visualizing Law in the Age of the Digital Baroque offers a jurisprudential paradigm that is equal to the challenge that current cultural conditions present.
This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and
The philosopher Henry Richardson's short book is a defense of a position on a neglected topic in medical research ethics. Clinical research ethics has been a longstanding area of study, dating back to the aftermath of the Nazi death-camp doctors and the Tuskegee syphilis study. Most ethical regulations and institutions (such as Institutiional Review Boards) have developed in response to those past abuses, including the stress on obtaining informed consent from the subject. Richardson points out that that these ethical regulations do not address one of the key dilemmas faced by medical researchers -- whether or not they have obligations towards subjects who need care not directly related to the purpose of the study, termed "ancillary care obligations." Does a researcher testing an HIV vaccine in Africa have an obligation to provide anti-retrovirals to those who become HIV positive during the trial? Should a researcher studying a volunteer's brain scan, who sees a possible tumor, do more than simply refer him or her to a specialist? While most would agree that some special obligation does exist in these cases, what is the basis of this obligation, and what are its limits? Richardson's analysis of those key questions and the development of his own position are at the heart of this book, which will appeal to bioethicists studying research ethics, to policy makers, and to political and moral philosophers interested in the obligations of beneficence, one of the key issues in moral theory. " 'Philosophy recovers itself,' wrote John Dewey, 'when it ceases to be a device for dealing with the problems of philosophers and becomes a method, cultivated by philosophers, for dealing with the problems of men.' Henry Richardson confronts a problem in the ethics of medical research that is often (as his many real-life examples show) a matter of life and death. The problem is unexplored and quite difficult: Richardson finds he must craft new theory to deal with it. The theory he creates shows how we become morally entangled with others without intending to, as we enter into intimacies with them. This theory of moral entanglement is a genuine discovery in philosophy, with application across a wide range of human relationships. Since the theory was designed for medical researchers it also provides a bespoke ethical framework, as well as specific guidance, for researchers in the field. This book shows practical philosophy at its best: inspired by real problems, responding with powerful solutions." -- Leif Wenar, Chair of Ethics, King's College London "A medical researcher investigating transmission of malaria may find that a subject has another disease. Does the researcher have an obligation to devote some of the team's resources to treating this disease? The traditional principles of research ethics do not ask much less answer this important question. In this theoretically and practically rich book, Henry Richardson seeks to provide an answer and to identify issues that need further exploration. He argues that "ancillary care obligations" are explained by "moral entanglement" and cannot be justified by traditional principles of justice or the duty to rescue. He is admirably soft-hearted and tough-minded in combining his long demonstrated philosophical acuity with a deep knowledge of the problems on the ground. Richardson's book is characterized by great generosity towards those who need help, towards the problems faced by researchers, and towards the scholarly community - even those with whom he disagrees." - Alan Wertheimer, Senior Research Scholar, Department of Bioethics, National Institutes of Health "In this important book, Henry Richardson sculpts a new path for research ethics, one that focuses on ethical obligations of ancillary-care in clinical trials and medical research, particularly in developing countries, but with relevance throughout the world. In Moral Entanglements, Richardson extends the reach of his analysis both deep within and outside the research itself, recognizing the broader moral backdrop relevant for society-wide judgments of justice, and the special relationships that exist within the medical research context, about what is or is not owed research participants in situations of medical need. Rather than leave such important decisions up to the vagaries of politics or ad hoc assessments, this book sets out a comprehensive theoretical framework with principles to guide such decisions in the everyday lives of both medical researchers and research participants. This book significantly contributes to the ethics of ancillary-care in medical and public health research and judiciously enlightens questions and potential resolutions to these vital global and domestic problems." - Jennifer Prah Ruger, Associate Professor, Yale Schools of Public Health and Medicine
During the division of Germany, law became the object of ideological conflicts and the means by which the two national governments conducted their battle over political legitimacy. Legal Entanglements explores how these dynamics produced competing concepts of statehood and sovereignty, all centered on citizens and their rights. Drawing on wide-ranging archival sources, including recently declassified documents, Sebastian Gehrig traces how politicians, diplomats, judges, lawyers, activists and intellectuals navigated the struggle between legal ideologies under the pressures of the Cold War and decolonization. As he shows, in their response to global debates over international law and human rights, their work kept the legal cultures of both German states entangled until 1989.
Military-civilian encounters are multiple and diverse in our times. Contributors to this volume demonstrate how military and civilian domains are constituted through entanglements undermining the classic civil-military binary and manifest themselves in unexpected places and manners. Moreover, the essays trace out the ripples, reverberations and resonations of civil-military entanglements in areas not usually associated with such ties, but which are nevertheless real and significant for an understanding of the roles war, violence and the military play in shaping contemporary societies and the everyday life of its citizens.
In recent years, political and social theory has been transformed by the heterogeneous approaches to feeling and emotion jointly referred to as ‘affect theory’. These range from psychological and social-constructivist approaches to emotion to feminist and post-human perspectives. Covering a wide spectrum of topics and ethnographic contexts—from engineering in the Andes to household rituals in rural China, from South African land restitution to migrant living in Moscow, and from elections in El Salvador to online and offline surveillance among political refugees from Uzbekistan and Eritrea—the chapters in this volume interrogate this ‘affective turn’ through the lens of fine-grained ethnographies of the state. The volume enhances the anthropological understanding of the various ways through which the state comes to be experienced as a visceral presence in social life.
