Shaming the Constitution

Shaming the Constitution
Author: Michael L. Perlin
Publisher: Temple University Press
Total Pages: 325
Release: 2017-03-24
Genre: Law
ISBN: 1439912920

Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy. The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws. In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.

Constitutional Sentiments

Constitutional Sentiments
Author: András Sajó
Publisher: Yale University Press
Total Pages: 396
Release: 2011-01-01
Genre: Political Science
ISBN: 0300139268

constitutional meaning, Sajo has extended to the realm of law the emerging trend that recognizes the fallibility of rational behavior. --

Shaming the Constitution

Shaming the Constitution
Author: Michael L. Perlin
Publisher: Temple University Press
Total Pages: 0
Release: 2017-03-24
Genre: Law
ISBN: 9781439912911

Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy. The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws. In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.

Not Enough

Not Enough
Author: Samuel Moyn
Publisher: Harvard University Press
Total Pages: 297
Release: 2018-04-10
Genre: Political Science
ISBN: 067498482X

“No one has written with more penetrating skepticism about the history of human rights.” —Adam Kirsch, Wall Street Journal “Moyn breaks new ground in examining the relationship between human rights and economic fairness.” —George Soros The age of human rights has been kindest to the rich. While state violations of political rights have garnered unprecedented attention in recent decades, a commitment to material equality has quietly disappeared. In its place, economic liberalization has emerged as the dominant force. In this provocative book, Samuel Moyn considers how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of broader social and economic justice. Moyn places the human rights movement in relation to this disturbing shift and explores why the rise of human rights has occurred alongside exploding inequality. “Moyn asks whether human-rights theorists and advocates, in the quest to make the world better for all, have actually helped to make things worse... Sure to provoke a wider discussion.” —Adam Kirsch, Wall Street Journal “A sharpening interrogation of the liberal order and the institutions of global governance created by, and arguably for, Pax Americana... Consistently bracing.” —Pankaj Mishra, London Review of Books “Moyn suggests that our current vocabularies of global justice—above all our belief in the emancipatory potential of human rights—need to be discarded if we are work to make our vastly unequal world more equal... [A] tour de force.” —Los Angeles Review of Books

The Legal Aspects of Shaming: An Ancient Sanction in the Modern World

The Legal Aspects of Shaming: An Ancient Sanction in the Modern World
Author: Meital Pinto
Publisher: Edward Elgar Publishing
Total Pages: 311
Release: 2023-09-06
Genre: Law
ISBN: 1800880227

Offering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming in non-legal contexts.

The Government's Speech and the Constitution

The Government's Speech and the Constitution
Author: Helen Norton
Publisher: Cambridge University Press
Total Pages: 253
Release: 2019-08-22
Genre: Law
ISBN: 1108417728

Identifies and explains the constitutional problems triggered by the government's speech, and proposes a new framework for thinking about them.

Constitutional Diplomacy

Constitutional Diplomacy
Author: Michael J. Glennon
Publisher: Princeton University Press
Total Pages: 382
Release: 1990
Genre: Law
ISBN: 9780691023052

Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.

The Politics of Humiliation

The Politics of Humiliation
Author: Ute Frevert
Publisher: Oxford University Press, USA
Total Pages: 339
Release: 2020-03-26
Genre: History
ISBN: 0198820313

In a brilliant procession through the last 250 years, Ute Frevert looks at the role that public humiliation has played in modern society, showing how humiliation - and the feeling of shame that it engenders - has been used as a means of coercion and control, from the worlds of politics and international diplomacy through to the education of children and the administration of justice. We learn the stories of the French women whose hair was compulsorily shaven as a punishment for alleged relations with German soldiers during the occupation of France, and of the transgressors in the USA who are made to carry a sign announcing their presence when walking down busy streets. Bringing the story right up to the present, we see how the internet and social media pillorying have made public shaming a ubiquitous phenomenon. Using a multitude of both historical and contemporary examples, Ute Frevert shows how humiliation has been used as a tool over the last 250 years (and how it still is today), a story that reveals remarkable similarities across different times and places. And we see how the art of humiliation is in no way a thing of the past but has been re-invented for the 21st century, in a world where such humiliation is inflicted not from above by the political powers that be but by our social peers.

Crime, Shame and Reintegration

Crime, Shame and Reintegration
Author: John Braithwaite
Publisher: Cambridge University Press
Total Pages: 242
Release: 1989-03-23
Genre: Biography & Autobiography
ISBN: 9780521356688

Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.

The Age of Entitlement

The Age of Entitlement
Author: Christopher Caldwell
Publisher: Simon & Schuster
Total Pages: 352
Release: 2021-01-05
Genre: History
ISBN: 1501106910

A major American intellectual and “one of the right’s most gifted and astute journalists” (The New York Times Book Review) makes the historical case that the reforms of the 1960s, reforms intended to make the nation more just and humane, left many Americans feeling alienated, despised, misled—and ready to put an adventurer in the White House. Christopher Caldwell has spent years studying the liberal uprising of the 1960s and its unforeseen consequences and his conclusion is this: even the reforms that Americans love best have come with costs that are staggeringly high—in wealth, freedom, and social stability—and that have been spread unevenly among classes and generations. Caldwell reveals the real political turning points of the past half-century, taking you on a roller-coaster ride through Playboy magazine, affirmative action, CB radio, leveraged buyouts, iPhones, Oxycotin, Black Lives Matter, and internet cookies. In doing so, he shows that attempts to redress the injustices of the past have left Americans living under two different ideas of what it means to play by the rules. Essential, timely, hard to put down, The Age of Entitlement “is an eloquent and bracing book, full of insight” (New York magazine) about how the reforms of the past fifty years gave the country two incompatible political systems—and drove it toward conflict.