Law As Punishment Law As Regulation
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Author | : Austin Sarat |
Publisher | : Stanford University Press |
Total Pages | : 257 |
Release | : 2011-08-29 |
Genre | : Law |
ISBN | : 0804782113 |
Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
Author | : Austin Sarat |
Publisher | : Stanford University Press |
Total Pages | : 201 |
Release | : 2011-08-29 |
Genre | : Law |
ISBN | : 0804771707 |
This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an instrument of coercion or punishment.
Author | : Carol S. Steiker |
Publisher | : Harvard University Press |
Total Pages | : 401 |
Release | : 2016-11-07 |
Genre | : History |
ISBN | : 0674737423 |
Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death
Author | : Lynne Allison Haney |
Publisher | : Univ of California Press |
Total Pages | : 301 |
Release | : 2010 |
Genre | : Social Science |
ISBN | : 0520261909 |
"Lynne Haney is already an important voice in the sociology of welfare but this book marks her debut as a major figure in the sociology of punishment and the study of governmentality. Offending Women is a fascinating work that combines rich ethnographic detail with a structural account of the changing contours of contemporary governance. Its original contributions to prison ethnography, women's studies, and the sociology of the penal-welfare state will make it a reference point in each of these disciplines."--David Garland, author of The Culture of Control "Offending Women is an exemplary piece of work. Haney's writing is engaging, crisp, and smart. She brilliantly assesses the various intentions of the state and incarcerated women and clarifies how these intentions are based on orientations toward punishment and 'healing' that demand fundamental rethinking."--Rickie Solinger, author of Pregnancy and Power and co-editor of Interrupted Life: Experiences of Incarcerated Women in the United States "Lynne Haney brings together her stupendous skills as an ethnographer and her theoretical insights into how states work to explain how the treatment of imprisoned women has changed over the past decade. An altogether brilliant book."--Myra Marx Ferree, University of Wisconsin
Author | : Elizabeth T. Gershoff |
Publisher | : Springer |
Total Pages | : 125 |
Release | : 2015-01-27 |
Genre | : Psychology |
ISBN | : 3319148184 |
This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.
Author | : United States |
Publisher | : |
Total Pages | : 1146 |
Release | : 2013 |
Genre | : Law |
ISBN | : |
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author | : Alison Burke |
Publisher | : |
Total Pages | : |
Release | : 2019 |
Genre | : |
ISBN | : 9781636350684 |
Author | : Nicola Lacey |
Publisher | : Routledge |
Total Pages | : 237 |
Release | : 2012-10-12 |
Genre | : Philosophy |
ISBN | : 1134838018 |
Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
Author | : Yuval Feldman |
Publisher | : |
Total Pages | : 257 |
Release | : 2018-06-07 |
Genre | : Law |
ISBN | : 1107137101 |
This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
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.