Narrative, Violence, and the Law
Author: Robert M. Cover
Publisher: University of Michigan Press
Published: 1992
Total Pages: 310
ISBN-13: 9780472064953
DOWNLOAD EBOOKEssential writings of the leading scholar of law and violence
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Narrative, Authority, and Law
Author: Robin West
Publisher: University of Michigan Press
Published: 1993
Total Pages: 458
ISBN-13: 9780472103652
DOWNLOAD EBOOKChallenges the moral basis for the authority of law
Preface to Narrative, Violence, and the Law
Author: Aviam Soifer
Publisher:
Published: 2010
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKIt was wonderful to learn with Robert Cover. Yet Bob Cover did not stand out as a teacher in the classic scene. He was hardly a dazzling orator; he did not adopt the entertainer's role for his audience, nor did his classroom zing with the tension of the so-called Socratic method done well. His classes and even his style on the lecture platform mirrored his probing, open-minded, everyday conversations. In those conversations, Bob Cover turned everyone - family, children, law students, friends, workers, and other scholars - into his fellow students.
A Pattern of Violence
Author: David Alan Sklansky
Publisher: Harvard University Press
Published: 2021-03-23
Total Pages: 337
ISBN-13: 0674259696
DOWNLOAD EBOOKA law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.
The Law of Love and The Law of Violence
Author: Leo Tolstoy
Publisher: Courier Corporation
Published: 2012-04-04
Total Pages: 130
ISBN-13: 0486113132
DOWNLOAD EBOOKThis treatise articulates Tolstoy's famous dictum that it is morally superior to suffer violence than to do violence — a philosophy that has inspired Gandhi, Martin Luther King, Jr., and countless others.
Law, Memory, Violence
Author: Stewart Motha
Publisher: Routledge
Published: 2016-02-22
Total Pages: 254
ISBN-13: 1317569210
DOWNLOAD EBOOKThe demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.
Speaking of Violence
Author: Sara B. Cobb
Publisher: Oxford University Press
Published: 2013-08
Total Pages: 310
ISBN-13: 019982620X
DOWNLOAD EBOOKIn the context of ongoing or historical violence, people tell stories about what happened, who did what to whom and why. Yet frequently, the speaking of violence reproduces the social fractures and delegitimizes, again, those that struggle against their own marginalization. This speaking of violence deepens conflict and all too often perpetuates cycles of violence. Alternatively, sometimes people do not speak of the violence and it is erased, buried with the bodies that bear it witness. This reduces the capacity of the public to address issues emerging in the aftermath of violence and repression. This book takes the notion of "narrative" as foundational to conflict analysis and resolution. Distinct from conflict theories that rely on accounts of attitudes or perceptions in the heads of individuals, this narrative perspective presumes that meaning, structured and organized as narrative processes, is the location for both analysis of conflict, as well as intervention. But meaning is political, in that not all stories can be told, or the way they are told delegitimizes and erases others. Thus, the critical narrative theory outlined in this book offers a normative approach to narrative assessment and intervention. It provides a way of evaluating narrative and designing "better-formed" stories: "better" in that they are generative of sustainable relations, creating legitimacy for all parties. In so doing, they function aesthetically and ethically to support the emergence of new histories and new futures. Indeed, critical narrative theory offers a new lens for enabling people to speak of violence in ways that undermine the intractability of conflict
Human Rights, Inc.
Author: Joseph R. Slaughter
Publisher: Fordham Univ Press
Published: 2009-08-25
Total Pages: 436
ISBN-13: 0823228193
DOWNLOAD EBOOKIn this timely study of the historical, ideological, and formal interdependencies of the novel and human rights, Joseph Slaughter demonstrates that the twentieth-century rise of “world literature” and international human rights law are related phenomena. Slaughter argues that international law shares with the modern novel a particular conception of the human individual. The Bildungsroman, the novel of coming of age, fills out this image, offering a conceptual vocabulary, a humanist social vision, and a narrative grammar for what the Universal Declaration of Human Rights and early literary theorists both call “the free and full development of the human personality.” Revising our received understanding of the relationship between law and literature, Slaughter suggests that this narrative form has acted as a cultural surrogate for the weak executive authority of international law, naturalizing the assumptions and conditions that make human rights appear commonsensical. As a kind of novelistic correlative to human rights law, the Bildungsroman has thus been doing some of the sociocultural work of enforcement that the law cannot do for itself. This analysis of the cultural work of law and of the social work of literature challenges traditional Eurocentric histories of both international law and the dissemination of the novel. Taking his point of departure in Goethe’s Wilhelm Meister, Slaughter focuses on recent postcolonial versions of the coming-of-age story to show how the promise of human rights becomes legible in narrative and how the novel and the law are complicit in contemporary projects of globalization: in colonialism, neoimperalism, humanitarianism, and the spread of multinational consumer capitalism. Slaughter raises important practical and ethical questions that we must confront in advocating for human rights and reading world literature—imperatives that, today more than ever, are intertwined.
Latinas Narratives of Domestic Abuse
Author: Shonna L. Trinch
Publisher: John Benjamins Publishing
Published: 2003
Total Pages: 336
ISBN-13: 9789027218551
DOWNLOAD EBOOKIn the American legal system valid witness-testimony is supposed to be invariable and unchanging, so defense attorneys highlight seeming inconsistencies in victims' accounts to impeach their credibility. This book offers an examination of how and why victims of domestic violence might seem to be 'changing their stories,' in the criminal justice system, which may leave them vulnerable to attack and criticism. Latinas' Narratives of Domestic Abuse: Discrepant versions of violence investigates the discourse of protective order interviews, where women apply for court injunctions to keep abusers away. In these encounters, two different versions of violence, each influenced by a range of ethnolinguistic, intertextual and cultural factors, are always produced. This ethnography of Latina women narrating violence suggests that before victims even get to trial, their testimony involves much more than merely telling the truth. This book provides a unique look at pre-trial testimony as a collaborative and dynamic social and cultural act.
Law's Violence
Author: Austin Sarat
Publisher: University of Michigan Press
Published: 2009-11-12
Total Pages: 276
ISBN-13: 9780472023783
DOWNLOAD EBOOKIn bringing together accomplished and thoughtful scholars of different disciplines, with a command of literature ranging from the legal to the literary, and in relating the works to the central arguments of the late Professor Robert Cover, Sarat and Kearns have created a first-rate up-to-date exposition of this important and complicated issue, namely, how to understand better the violence implicit and explicit in law.--Legal Studies Forum The relationship between law and violence is made familiar to us in vivid pictures of police beating suspects, the large and growing prison population, and the tenacious attachment to capital punishment in the United States. Yet the link between law and violence and the ways that law manages to impose pain and death while remaining aloof and unstained are an unexplored mystery. Each essay in this volume considers the question of how violence done by and in the name of the law differs from illegal or extralegal violence--or, indeed, if they differ at all. Each author draws on a distinctive disciplinary tradition-- literature, history, anthropology, philosophy, political science, or law. Yet each reminds us that law, constituted in response to the metaphorical violence of the state of nature, is itself a doer of literal violence. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
