Law's Violence

Law's Violence

Author: Austin Sarat

Publisher: University of Michigan Press

Published: 2009-11-12

Total Pages: 276

ISBN-13: 9780472023783

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In 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.


Translation and the Classic

Translation and the Classic

Author: Alexandra Lianeri

Publisher: Oxford University Press

Published: 2008-08-21

Total Pages: 448

ISBN-13: 0199288070

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This collection of 18 essays, including one by Nobel Prize winning author J.M. Coetzee, explores the fascinating and nuanced relationship between translation and the classic text.


Violence, Identity, and Self-Determination

Violence, Identity, and Self-Determination

Author: Hent de Vries

Publisher: Stanford University Press

Published: 1997

Total Pages: 420

ISBN-13: 9780804729963

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With the collapse of the bipolar system of global rivalry that dominated world politics after the Second World War, and in an age that is seeing the return of “ethnic cleansing” and “identity politics,” the question of violence, in all of its multiple ramifications, imposes itself with renewed urgency. Rather than concentrating on the socioeconomic or political backgrounds of these historical changes, the contributors to this volume rethink the concept of violence, both in itself and in relation to the formation and transformation of identities, whether individual or collective, political or cultural, religious or secular. In particular, they subject the notion of self-determination to stringent scrutiny: is it to be understood as a value that excludes violence, in principle if not always in practice? Or is its relation to violence more complex and, perhaps, more sinister? Reconsideration of the concepts, the practice, and even the critique of violence requires an exploration of the implications and limitations of the more familiar interpretations of the terms that have dominated in the history of Western thought. To this end, the nineteen contributors address the concept of violence from a variety of perspectives in relation to different forms of cultural representation, and not in Western culture alone; in literature and the arts, as well as in society and politics; in philosophical discourse, psychoanalytic theory, and so-called juridical ideology, as well as in colonial and post-colonial practices and power relations. The contributors are Giorgio Agamben, Ali Behdad, Cathy Caruth, Jacques Derrida, Michael Dillon, Peter Fenves, Stathis Gourgouris, Werner Hamacher, Beatrice Hanssen, Anselm Haverkamp, Marian Hobson, Peggy Kamuf, M. B. Pranger, Susan M. Shell, Peter van der Veer, Hent de Vries, Cornelia Vismann, and Samuel Weber.


The Violent Hero

The Violent Hero

Author: Katherine Lu Hsu

Publisher: Bloomsbury Publishing

Published: 2020-12-10

Total Pages: 265

ISBN-13: 1350153737

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This book uses the mythological hero Heracles as a lens for investigating the nature of heroic violence in Archaic and Classical Greek literature, from Homer through to Aristophanes. Heracles was famous for his great victories as much as for his notorious failures. Driving each of these acts is his heroic violence, an ambivalent force that can offer communal protection as well as cause grievous harm. Drawing on evidence from epic, lyric poetry, tragedy, and comedy, this work illuminates the strategies used to justify and deflate the threatening aspects of violence. The mixed results of these strategies also demonstrate how the figure of Heracles inherently – and stubbornly – resists reform. The diverse character of Heracles' violent acts reveals an enduring tension in understanding violence: is violence a negative individual trait, that is to say the manifestation of an internal state of hostility? Or is it one specific means to a preconceived end, rather like an instrument whose employment may or may not be justified? Katherine Lu Hsu explores these evolving attitudes towards individual violence in the ancient Greek world while also shedding light on timeless debates about the nature of violence itself.


Transitional Justice

Transitional Justice

Author: Christine Bell

Publisher: Routledge

Published: 2016-02-17

Total Pages: 285

ISBN-13: 1317007271

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This collection on transitional justice sits as part of a library of essays on different concepts of ’justice’. Yet transitional justice appears quite different from other types of justice and fundamental ambiguities characterise the term that raise questions as to how it should sit alongside other concepts of justice. This collection attempts to capture and portray three different dimensions of the transitional justice field. Part I addresses the origins of the field which continue to bedevil it. Indeed the origins themselves are increasingly debated in what is an emergent contested historiography of the field that assists in understanding its contemporary quirks and concerns. Part II addresses and sets out parts of the ’tool-kit’ of transitional justice, which could be understood as the canonical research agenda of the field. Part III tries to convey a sense of the way in which the field is un-folding and extending to new transitions, tools, theories of justice, and self-critique.


Law, Violence, and the Possibility of Justice

Law, Violence, and the Possibility of Justice

Author: Austin Sarat

Publisher: Princeton University Press

Published: 2018-06-05

Total Pages: 188

ISBN-13: 0691187541

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Law punishes violence, yet law depends on violence. In this book, a group of leading interdisciplinary legal scholars seeks to map the inexorable but unstable relationship of law to violence. What does it mean to talk about the violence of law? Do high incarceration rates and increased reliance on capital punishment indicate that U.S. law is growing more violent at a time when violence is being restrained in other legal systems? How is the violence of law represented in popular culture and does this affect law's actual legitimacy? Does violence express or distort the essence of law? Does law's violence serve justice? In deeply original essays, the authors build on the seminal work of Robert Cover--one of the few legal scholars ever to consider the question of law and violence. In striving to situate his insights within current political, social, economic, and cultural contexts, they contemplate diverse and interrelated subjects surrounding the theme of law and violence. Among these are the purpose of law as punishment, the increasing number of executions in the United States, prison violence, racial disparity in sentencing, and the meaning of torture. The result is a remarkable volume that stimulates us to reconsider connections that we too often leave unexplored. In addition to the editor, the contributors are Marianne Constable, Peter Fitzpatrick, Thomas R. Kearns, Peter Rush, Jonathan Simon, Shaun McVeigh, and Alison Young.


The Nomos of the Earth in the International Law of the Jus Publicum Europaeum

The Nomos of the Earth in the International Law of the Jus Publicum Europaeum

Author: Carl Schmitt

Publisher: Telos Press Publishing

Published: 2006

Total Pages: 372

ISBN-13: 9780914386308

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Describes the origin of the Eurocentric global order, which Schmitt dates from the discovery of the New World, discusses its specific character and its contribution to civilization, analyzes the reasons for its decline at the end of the 19th century, and concludes with prospects for a new world order. It is a reasoned, yet passionate argument in defense of the European achievement, not only in creating the first truly global order of international law, but also in limiting war to conflicts among sovereign states, which in effect civilized war.


The Violence of Law

The Violence of Law

Author: Jens Meierhenrich

Publisher: Cambridge University Press

Published: 2024-04-30

Total Pages: 769

ISBN-13: 1108675573

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'Lawfare' describes the systematic use and abuse of legal procedure for political ends. This provocative book examines this insufficiently understood form of warfare in post-genocide Rwanda, where it contributed to the making of dictatorship. Jens Meierhenrich provides a redescription of Rwanda's daring experiment in transitional justice known as inkiko gacaca. By dissecting the temporally and structurally embedded mechanisms and processes by which change agents in post-genocide Rwanda manoeuvred to create modified legal arrangements of things past, Meierhenrich reveals an unexpected jurisprudence of violence. Combining nomothetic and ideographic reasoning, he shows that the deformation of the gacaca courts – and thus the rise of lawfare in post-genocide Rwanda – was not preordained but the outcome of a violently structured contingency. The Violence of Law tells a disturbing tale and will appeal to scholars, advanced students, and practitioners of international and comparative law, African studies and human rights.


Place, Commonality and Judgment

Place, Commonality and Judgment

Author: Andrew Benjamin

Publisher: A&C Black

Published: 2010-01-01

Total Pages: 194

ISBN-13: 1441176802

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A highly original examination of topics in ancient philosophy through the lens of modern European thought. >