A Civil Death
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Author | : Colin Dayan |
Publisher | : Princeton University Press |
Total Pages | : 364 |
Release | : 2013-03-03 |
Genre | : Law |
ISBN | : 0691157871 |
A fascinating account of how the law determines or dismantles identity and personhood Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.
Author | : Drew Gilpin Faust |
Publisher | : Vintage |
Total Pages | : 385 |
Release | : 2009-01-06 |
Genre | : History |
ISBN | : 0375703837 |
NATIONAL BESTSELLER • NATIONAL BOOK AWARD FINALIST • An "extraordinary ... profoundly moving" history (The New York Times Book Review) of the American Civil War that reveals the ways that death on such a scale changed not only individual lives but the life of the nation. An estiated 750,000 soldiers lost their lives in the American Civil War. An equivalent proportion of today's population would be seven and a half million. In This Republic of Suffering, Drew Gilpin Faust describes how the survivors managed on a practical level and how a deeply religious culture struggled to reconcile the unprecedented carnage with its belief in a benevolent God. Throughout, the voices of soldiers and their families, of statesmen, generals, preachers, poets, surgeons, nurses, northerners and southerners come together to give us a vivid understanding of the Civil War's most fundamental and widely shared reality. With a new introduction by the author, and a new foreword by Mike Mullen, 17th Chairman of the Joint Chiefs of Staff.
Author | : Institute of Medicine |
Publisher | : National Academies Press |
Total Pages | : 85 |
Release | : 2003-08-22 |
Genre | : Law |
ISBN | : 0309167043 |
The US Department of Justice's National Institute of Justice (NIJ) asked the Institute of Medicine (IOM) of The National Academies to conduct a workshop that would examine the interface of the medicolegal death investigation system and the criminal justice system. NIJ was particularly interested in a workshop in which speakers would highlight not only the status and needs of the medicolegal death investigation system as currently administered by medical examiners and coroners but also its potential to meet emerging issues facing contemporary society in America. Additionally, the workshop was to highlight priority areas for a potential IOM study on this topic. To achieve those goals, IOM constituted the Committee for the Workshop on the Medicolegal Death Investigation System, which developed a workshop that focused on the role of the medical examiner and coroner death investigation system and its promise for improving both the criminal justice system and the public health and health care systems, and their ability to respond to terrorist threats and events. Six panels were formed to highlight different aspects of the medicolegal death investigation system, including ways to improve it and expand it beyond its traditional response and meet growing demands and challenges. This report summarizes the Workshop presentations and discussions that followed them.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Amy E. Lerman |
Publisher | : University of Chicago Press |
Total Pages | : 343 |
Release | : 2014-06-06 |
Genre | : Political Science |
ISBN | : 022613797X |
The numbers are staggering: One-third of America’s adult population has passed through the criminal justice system and now has a criminal record. Many more were never convicted, but are nonetheless subject to surveillance by the state. Never before has the American government maintained so vast a network of institutions dedicated solely to the control and confinement of its citizens. A provocative assessment of the contemporary carceral state for American democracy, Arresting Citizenship argues that the broad reach of the criminal justice system has fundamentally recast the relation between citizen and state, resulting in a sizable—and growing—group of second-class citizens. From police stops to court cases and incarceration, at each stage of the criminal justice system individuals belonging to this disempowered group come to experience a state-within-a-state that reflects few of the country’s core democratic values. Through scores of interviews, along with analyses of survey data, Amy E. Lerman and Vesla M. Weaver show how this contact with police, courts, and prisons decreases faith in the capacity of American political institutions to respond to citizens’ concerns and diminishes the sense of full and equal citizenship—even for those who have not been found guilty of any crime. The effects of this increasingly frequent contact with the criminal justice system are wide-ranging—and pernicious—and Lerman and Weaver go on to offer concrete proposals for reforms to reincorporate this large group of citizens as active participants in American civic and political life.
Author | : Rachel King |
Publisher | : Rutgers University Press |
Total Pages | : 318 |
Release | : 2003 |
Genre | : Political Science |
ISBN | : 9780813531823 |
"Rachel King offers us the stories of families who understand the powerful reality that taking another life in the name of justice only perpetuates the tragedy. I encourage others to read these stories to better understand their journey from despair and anger to some level of peace and even forgiveness."--Sister Helen Prejean, CSJ, author of Dead Man Walking Could you forgive the murderer of your husband? Your mother? Your son? Families of murder victims are often ardent and very public supporters of the death penalty. But the people whose stories appear in this book have chosen instead to forgive their loved ones' murderers, and many have developed personal relationships with the killers and have even worked to save their lives. They have formed a nationwide group, Murder Victims' Families for Reconciliation (MVFR), to oppose the death penalty. MVFR members are often treated as either saints or lunatics, but the truth is that they are neither. They are ordinary people who have responded to an extraordinary and devastating tragedy with courage and faith, choosing reconciliation over retribution, healing over hatred. Believing that the death penalty is a form of social violence that only repeats and perpetuates the violence that claimed their loved ones' lives, they hold out the hope of redemption even for those who have committed the most hideous crimes. Weaving third-person narrative with wrenching first-hand accounts, King presents the stories of ten MVFR members. Each is a heartrending tale of grief, soul searching, and of the challenge to choose forgiveness instead of revenge. These stories, which King sets in the context of the national discussion over the death penalty debate and restorative versus retributive justice, will appeal not only to those who oppose the death penalty, but also to those who strive to understand how people can forgive the seemingly unforgivable. Rachel King is a legislative counsel for the American Civil Liberties Union's Washington national office where she lobbies on crime policy. She is currently working on a book about the families of death row inmates.
Author | : Howard A. Husock |
Publisher | : Encounter Books |
Total Pages | : 169 |
Release | : 2019-09-10 |
Genre | : Political Science |
ISBN | : 1641770597 |
Billions of American tax dollars go into a vast array of programs targeting various social issues: the opioid epidemic, criminal violence, chronic unemployment, and so on. Yet the problems persist and even grow. Howard Husock argues that we have lost sight of a more powerful strategy—a preventive strategy, based on positive social norms. In the past, individuals and institutions of civil society actively promoted what may be called “bourgeois norms,” to nurture healthy habits so that social problems wouldn’t emerge in the first place. It was a formative effort. Today, a massive social service state instead takes a reformative approach to problems that have already become vexing. It offers counseling along with material support, but struggling communities have been more harmed than helped by government’s embrace. And social service agencies have a vested interest in the continuance of problems. Government can provide a financial safety net for citizens, but it cannot effectively create or promote healthy norms. Nor should it try. That formative work is best done by civil society. This book focuses on six key figures in the history of social welfare to illuminate how a norm-promoting culture was built, then lost, and how it can be revived. We read about Charles Loring Brace, founder of the Children’s Aid Society; Jane Addams, founder of Hull House; Mary Richmond, a social work pioneer; Grace Abbott of the federal Children’s Bureau; Wilbur Cohen of the Department of Health, Education and Welfare; and Geoffrey Canada, founder of the Harlem Children’s Zone—a model for bringing real benefit to a poor community through positive social norms. We need more like it.
Author | : Committee on Care at the End of Life |
Publisher | : National Academies Press |
Total Pages | : 457 |
Release | : 1997-10-30 |
Genre | : Medical |
ISBN | : 0309518253 |
When the end of life makes its inevitable appearance, people should be able to expect reliable, humane, and effective caregiving. Yet too many dying people suffer unnecessarily. While an "overtreated" dying is feared, untreated pain or emotional abandonment are equally frightening. Approaching Death reflects a wide-ranging effort to understand what we know about care at the end of life, what we have yet to learn, and what we know but do not adequately apply. It seeks to build understanding of what constitutes good care for the dying and offers recommendations to decisionmakers that address specific barriers to achieving good care. This volume offers a profile of when, where, and how Americans die. It examines the dimensions of caring at the end of life: Determining diagnosis and prognosis and communicating these to patient and family. Establishing clinical and personal goals. Matching physical, psychological, spiritual, and practical care strategies to the patient's values and circumstances. Approaching Death considers the dying experience in hospitals, nursing homes, and other settings and the role of interdisciplinary teams and managed care. It offers perspectives on quality measurement and improvement, the role of practice guidelines, cost concerns, and legal issues such as assisted suicide. The book proposes how health professionals can become better prepared to care well for those who are dying and to understand that these are not patients for whom "nothing can be done."
Author | : Erik S. Gellman |
Publisher | : Univ of North Carolina Press |
Total Pages | : 369 |
Release | : 2012-02-01 |
Genre | : Social Science |
ISBN | : 0807869937 |
During the Great Depression, black intellectuals, labor organizers, and artists formed the National Negro Congress (NNC) to demand a "second emancipation" in America. Over the next decade, the NNC and its offshoot, the Southern Negro Youth Congress, sought to coordinate and catalyze local antiracist activism into a national movement to undermine the Jim Crow system of racial and economic exploitation. In this pioneering study, Erik S. Gellman shows how the NNC agitated for the first-class citizenship of African Americans and all members of the working class, establishing civil rights as necessary for reinvigorating American democracy. Much more than just a precursor to the 1960s civil rights movement, this activism created the most militant interracial freedom movement since Reconstruction, one that sought to empower the American labor movement to make demands on industrialists, white supremacists, and the state as never before. By focusing on the complex alliances between unions, civic groups, and the Communist Party in five geographic regions, Gellman explains how the NNC and its allies developed and implemented creative grassroots strategies to weaken Jim Crow, if not deal it the "death blow" they sought.
Author | : A Bruzelius |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 575 |
Release | : 1965-07 |
Genre | : Law |
ISBN | : 9004633820 |