Narrative, Violence, and the Law

Narrative, Violence, and the Law
Author: Robert M. Cover
Publisher: University of Michigan Press
Total Pages: 310
Release: 1992
Genre: Law
ISBN: 9780472064953

Essential writings of the leading scholar of law and violence

Narrative, Authority, and Law

Narrative, Authority, and Law
Author: Robin West
Publisher: University of Michigan Press
Total Pages: 458
Release: 1993
Genre: Law
ISBN: 9780472103652

Challenges the moral basis for the authority of law

Latinas Narratives of Domestic Abuse

Latinas Narratives of Domestic Abuse
Author: Shonna L. Trinch
Publisher: John Benjamins Publishing
Total Pages: 336
Release: 2003
Genre: Language Arts & Disciplines
ISBN: 9789027218551

In 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.

Binding Men

Binding Men
Author: Lois S. Bibbings
Publisher: Routledge
Total Pages: 348
Release: 2014-03-26
Genre: Law
ISBN: 1135309698

Binding Men tells stories about men, violence and law in late Victorian England. It does so by focusing upon five important legal cases, all of which were binding not only upon the males involved but also upon future courts and the men who appeared before them. The subject matter of Prince (1875), Coney (1882), Dudley and Stephens (1884), Clarence (1888) and Jackson (1891) ranged from child abduction, prize-fighting, murder and cannibalism to transmitting gonorrhoea and the capture and imprisonment of a wife by her husband. Each case has its own chapter, depicting the events which led the protagonists into the courtroom, the legal outcome and the judicial pronouncements made to justify this, as well as exploring the broader setting in which the proceedings took place. In so doing, Binding Men describes how a particular case can be seen as being a part of attempts to legally limit male behaviour. The book is essential reading for scholars and students of crime, criminal law, violence, and gender. It will be of interest to those working on the use of narrative in academic writing as well as legal methods. Binding Men’s subject matter and accessible style also make it a must for those with a general interest in crime, history and, in particular, male criminality.

A Pattern of Violence

A Pattern of Violence
Author: David Alan Sklansky
Publisher: Harvard University Press
Total Pages: 337
Release: 2021-03-23
Genre: Law
ISBN: 0674259696

A 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.

Russia's Legal Fictions

Russia's Legal Fictions
Author: Harriet Murav
Publisher: University of Michigan Press
Total Pages: 274
Release: 2010-05-18
Genre: Law
ISBN: 0472023330

Legal scholars and literary critics have shown the significance of storytelling, not only as part of the courtroom procedure, but as part of the very foundation of law. Russia's Legal Fictions examines the relationship between law, narrative and authority in nineteenth- and twentieth-century Russia. The conflict between the Russian writer and the law is a well-known feature of Russian literary life in the past two centuries. With one exception, the authors discussed in this book--Sukhovo-Kobylin, Akhsharumov, Suvorin, and Dostoevsky in the nineteenth century and Solzhenitsyn and Siniavskii in the twentieth--were all put on trial. In Russia's Legal Fictions, Harriet Murav starts with the authors' own writings about their experience with law and explores the history of these Russian literary trials, including censorship, libel cases, and one case of murder, in their specific historical context, showing how particular aspects of the culture of the time relate to the case. The book explores the specifically Russian literary and political conditions in which writers claim the authority not only as the authors of fiction but as lawgivers in the realm of the real, and in which the government turns to the realm of the literary to exercise its power. The author uses specific aspects of Russian culture, history and literature to consider broader theoretical questions about the relationship between law, narrative, and authority. Murav offers a history of the reception of the jury trial and the development of a professional bar in late Imperial Russia as well as an exploration of theories of criminality, sexuality, punishment, and rehabilitation in Imperial and Soviet Russia. This book will be of interest to scholars of law and literature and Russian law, history and culture. Harriet Murav is Associate Professor of Russian and Comparative Literature, University of California at Davis.

Justice Accused

Justice Accused
Author: Robert M. Cover
Publisher: Yale University Press
Total Pages: 340
Release: 1975-01-01
Genre: Law
ISBN: 9780300032529

What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak

Law, Memory, Violence

Law, Memory, Violence
Author: Stewart Motha
Publisher: Routledge
Total Pages: 269
Release: 2016-02-22
Genre: Law
ISBN: 1317569202

The 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.

Narratives of Domestic Violence

Narratives of Domestic Violence
Author: Jennifer Andrus
Publisher: Cambridge University Press
Total Pages: 241
Release: 2020-11-19
Genre: Family & Relationships
ISBN: 1108839525

Drawing on data from interviews with domestic violence victims and police officers, Andrus analyses the narratives of their interactions.

Unexpected Subjects

Unexpected Subjects
Author: Alessandra Gribaldo
Publisher: Hau
Total Pages: 80
Release: 2020-09
Genre: Social Science
ISBN: 9781912808304

Unexpected Subjects is an ethnography of the encounter between women's words and the demands of the law in the context of adjudications on intimate partner violence. A study of institutional devices, it focuses on women's practices of resistance and the elicitation of intelligible subjectivities. Using Italy as an illustrative case, Alessandra Gribaldo explores the problematic encounter between the need to speak, the entanglement of violence and intimacy, and the way the law approaches domestic violence. On this basis it advances theoretical reflections on questions of evidence, persuasion, and testimony, and their implications for ethnographic theory. Gribaldo analyzes the dynamics that produce the subjectivity of the victim, shedding light on how the Italian legal system reproduces broader conditions of violence against women. Perfect for graduate and advanced undergraduate teaching, this book will appeal to anthropologists and scholars of law, society, and gender.