Inferno

Author: Robert A. Ferguson

Publisher: Harvard University Press

ISBN: 9780674728684

Category: Law

Page: 351

View: 1133

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Robert Ferguson diagnoses all parts of a massive, out-of-control punishment regime. Turning the spotlight on the plight of prisoners, he asks the American people, Do we want our prisons to be this way? Acknowledging the suffering of prisoners and understanding what punishers do when they punish are the first steps toward a better, more just system.
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Practice Extended

Beyond Law and Literature

Author: Robert A. Ferguson

Publisher: Columbia University Press

ISBN: 0231540590

Category: Literary Criticism

Page: 352

View: 9302

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Written by a renowned literary critic and legal historian, Practice Extended illuminates the intricacies of legal language and thought and the law's relationship to society, literature, and culture. Robert A. Ferguson details how judicial opinions are written, how legal thought and philosophy inform ideas, and how best to appreciate a courtroom novel. With chapters touching on a wide range of subjects, including immigration, eloquence, the U.S. Constitution, and the Supreme Court case over James Joyce's Ulysses, Practice Extended provides an ambitious argument for the importance of language in law and a much-needed analysis of the often vexed relationship between law and literature. Ferguson challenges the notion of law as a hermetic enterprise only accessible to experts. He reveals the discipline's relationships to history, religion, philosophy, psychology, anthropology, and the visual arts, offering a rich account of how the law has shaped and has been shaped by communal thought. He also recognizes the critical role of literature and other outside views in showcasing the social problems that law takes up. Practice Extended reflects Ferguson's crucial role as a pioneer in developing the field of law and literature. His writing reminds us of the need for a critical approach to the law that draws on the insights of literature to better understand political and legal history and the documents, laws, and arguments that shape our present. At the same time, this volume also showcases the ways in which the law has been integrated into works of literature, from Billy Budd to contemporary courtroom thrillers.
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America's Jails

The Search for Human Dignity in an Age of Mass Incarceration

Author: Derek Jeffreys

Publisher: NYU Press

ISBN: 1479838624

Category: Social Science

Page: 256

View: 3080

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A look at the contemporary crisis in U.S. jails with recommendations for improving and protecting the dignity of inmates Twelve million Americans go through the U.S. jail system on an annual basis. Jails, which differ significantly from prisons, are designed to house inmates for short amounts of time, and are often occupied by large populations of legally innocent people waiting for a trial. Jails often have deplorable sanitary conditions, and there are countless records of inmates being brutalized by staff and other inmates while in custody. Local municipalities use jails to institutionalize those whom they perceive to be a threat, so hundreds of thousands of inmates suffer from mental illness. People abandoned by families or lacking health insurance, or those who cannot afford bail, often cycle in and out of jails. In America’s Jails, Derek Jeffreys draws on sociology, philosophy, history, and his personal experience volunteering in jails and prisons to provide an understanding of the jail experience from the inmates’ perspective, focusing on the stigma that surrounds incarceration. Using his research at Cook County Jail, the nation’s largest single-site jail, Jeffreys attests that jail inmates possess an inherent dignity that should govern how we treat them. Ultimately, fundamental changes in the U.S. jail system are necessary and America’s Jails provides specific policy recommendations for changing its poor conditions. Highlighting the experiences of inmates themselves, America’s Jails aims to shift public perception and understanding of jail inmates to center their inherent dignity and help eliminate the stigma attached to their incarceration.
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Harvard Law Review: Volume 128, Number 2 - December 2014

Author: Harvard Law Review

Publisher: Quid Pro Books

ISBN: 1610278534

Category: Law

Page: 289

View: 8703

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The Harvard Law Review is offered in a digital edition for ereaders, featuring active Contents, linked notes, and proper ebook formatting. The contents of Number 2 include: • Article, “The (Non)Finality of Supreme Court Opinions,” by Richard J. Lazarus • Book Review, “The Laws of Capitalism,” by David Singh Grewal • Note, “Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace” • Note, “Data Mining, Dog Sniffs, and the Fourth Amendment” • Note, “Nonbinding Bondage” The issue includes In Memoriam contributions about the life, scholarship, and teaching of John H. Mansfield. The contributors are Anthony D'Amato, Robert W. Gordon, Martha Minow, Frederick Schauer, and James A. Sonne. In addition, the issue features student commentary on Recent Cases and policy papers, including such subjects as internet law and privacy, Fourth Amendment right to deletion, state action and credit card fees, antitrust law and foreign trade, applicability of Seventh Amendment to states and commonwealths, free speech and tour guide licensing in D.C., labor law and sexual harassment claims, and gender crimes in international criminal law. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is December 2014, the second issue of academic year 2014-2015 (Volume 128).
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Corporal Punishment

A Philosophical Assessment

Author: Patrick Lenta

Publisher: Routledge

ISBN: 1351626310

Category: Philosophy

Page: 240

View: 8531

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The aim of this book is to assess the moral permissibility of corporal punishment and to enquire into whether or not it ought to be legally prohibited. Against the widespread view that corporal punishment is morally legitimate and should be legally permitted provided it falls short of abuse, Patrick Lenta argues that all corporal punishment, even parental spanking, is morally impermissible and ought to be legally proscribed. The advantages claimed for corporal punishment over alternative disciplinary techniques, he contends, are slight or speculative and are far outweighed by its disadvantages. He presents, in addition, a rights-based case against corporal punishment, arguing that children possess certain fundamental rights that all corporal punishment of them violates, namely the right to security of the person and the right not to be subjected to degrading punishment. Lenta’s approach is unique in that it engages with empirical literature in the social sciences in order to fully examine the emotional and psychological effects of corporal punishment on children. Corporal Punishment: A Philosophical Assessment is a philosophically rigorous and engaging treatment of a hitherto neglected topic in applied ethics and social philosophy.
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