Hegemonic Individualism and Subversive Stories in Capital Mitigation

Author: Ross Kleinstuber
Publisher: Routledge
ISBN: 1317122895
Format: PDF, Docs
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Capital punishment policies in the USA are almost always justified by an individualistic belief in either rational choice or dispositional attribution, which justifies the death penalty either as a deterrent, or for retributive or incapacitative purposes. This book takes an in-depth look at the mitigation process and the use of individualism in the capital sentencing process. The work examines the use of individualistic (hegemonic) and contextualizing (subversive) discourses in the mitigation cases presented by capital defense attorneys and experts from trials in Delaware, and how these discourses were understood, interpreted, and utilized by jurors who served on those trials and by the judges who imposed the final sentences. This in-depth sociological examination of the use of individualizing and contextualizing accounts throughout the entire mitigation process helps to illuminate the challenges involved in structuring a death penalty that is not arbitrary in a culture that is overwhelmed by individualizing discourses, and thus struggles to account for the entrenched racial and economic inequality that is so conducive to lethal violence. In conclusion, it questions the entire premise of the Supreme Court’s jurisprudence of death, which rests on a belief that the discretion of decision makers can be 'guided' in a way that accounts for contextualizing evidence and will reduce the death penalty’s arbitrary and discriminatory application.

Generous Justice

Author: Timothy Keller
Publisher: Penguin
ISBN: 1101444509
Format: PDF, ePub, Mobi
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Renowned pastor and bestselling author of Making Sense of God Timothy Keller shares his most provocative and illuminating message yet. It is commonly thought in secular society that the Bible is one of the greatest hindrances to doing justice. Isn’t it full of regressive views? Didn’t it condone slavery? Why look to the Bible for guidance on how to have a more just society? But Timothy Keller challenges these preconceived beliefs and presents the Bible as a fundamental source for promoting justice and compassion for those in need. In Generous Justice, he explores a life of justice empowered by an experience of grace: a generous, gracious justice. This book offers readers a new understanding of modern justice and human rights that will resonate with both the faithful and the skeptical.

Capital as Power

Author: Jonathan Nitzan
Publisher: Routledge
ISBN: 1134022298
Format: PDF, ePub
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Conventional theories of capitalism are mired in a deep crisis: after centuries of debate, they are still unable to tell us what capital is. Liberals and Marxists both think of capital as an ‘economic’ entity that they count in universal units of ‘utils’ or ‘abstract labour’, respectively. But these units are totally fictitious. Nobody has ever been able to observe or measure them, and for a good reason: they don’t exist. Since liberalism and Marxism depend on these non-existing units, their theories hang in suspension. They cannot explain the process that matters most – the accumulation of capital. This book offers a radical alternative. According to the authors, capital is not a narrow economic entity, but a symbolic quantification of power. It has little to do with utility or abstract labour, and it extends far beyond machines and production lines. Capital, the authors claim, represents the organized power of dominant capital groups to reshape – or creorder – their society. Written in simple language, accessible to lay readers and experts alike, the book develops a novel political economy. It takes the reader through the history, assumptions and limitations of mainstream economics and its associated theories of politics. It examines the evolution of Marxist thinking on accumulation and the state. And it articulates an innovative theory of ‘capital as power’ and a new history of the ‘capitalist mode of power’.

United States Hegemony and the Foundations of International Law

Author: Michael Byers
Publisher: Cambridge University Press
ISBN: 9781139436632
Format: PDF, Mobi
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Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.

Real World Justice

Author: A. Follesdal
Publisher: Springer Science & Business Media
ISBN: 1402031424
Format: PDF, Kindle
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1 2 Andreas Follesdal and Thomas Pogge 1 The Norwegian Centre for Human Rights at the Faculty of Law and ARENA Centre for 2 European Studies, University of Oslo; Philosophy, Columbia University, New York, and Oslo University; Centre for Applied Philosophy and Public Ethics, Australian National University, Canberra This volume discusses principles of global justice, their normative grounds, and the social institutions they require. Over the last few decades an increasing number of philosophers and political theorists have attended to these morally urgent, politically confounding and philosophically challenging topics. Many of these scholars came together September 11–13, 2003, for an international symposium where first versions of most of the present chapters were discussed. A few additional chapters were solicited to provide a broad and critical range of perspectives on these issues. The Oslo Symposium took Thomas Pogge’s recent work in this area as its starting point, in recognition of his long-standing academic contributions to this topic and of the seminars on moral and political philosophy he has taught since 1991 under the auspices of the Norwegian Research Council. Pogge’s opening remarks — “What is Global Justice?” — follow below, before brief synopses of the various contributions.

Poverty Capital

Author: Ananya Roy
Publisher: Routledge
ISBN: 1136992499
Format: PDF
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Winner of the 2011 Paul Davidoff award! This is a book about poverty but it does not study the poor and the powerless; instead it studies those who manage poverty. It sheds light on how powerful institutions control "capital," or circuits of profit and investment, as well as "truth," or authoritative knowledge about poverty. Such dominant practices are challenged by alternative paradigms of development, and the book details these as well. Using the case of microfinance, the book participates in a set of fierce debates about development – from the role of markets to the secrets of successful pro-poor institutions. Based on many years of research in Washington D.C., Bangladesh, and the Middle East, Poverty Capital also grows out of the author's undergraduate teaching to thousands of students on the subject of global poverty and inequality.

Child Delinquents

Author: Rolf Loeber
Publisher: SAGE
ISBN: 9780761924005
Format: PDF, ePub, Docs
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Between 1980 and 1996 the number of arrests has increased considerably for offenders ages 12 and under. This increase is a cost to society in two ways: the cost of the crime and the cost of multiple agencies involved with these children. Several questions have developed due to this increase: How does the juvenile justice system deal with child delinquents? Is child delinquency a predictor of serious, violent, and chronic offending? How early can we predict delinquency, and what are early warning signs? Presenting empirically derived insights, Child Delinquents, is the definitive statement to date on the working knowledge with preteen offenders. This book is an excellent source for a broad audience of researchers, scholars, psychiatry, and practitioners at the administrative level.

Hegemony or Survival

Author: Noam Chomsky
Publisher: Metropolitan Books
ISBN: 9781429900218
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From the world's foremost intellectual activist, an irrefutable analysis of America's pursuit of total domination and the catastrophic consequences that are sure to follow The United States is in the process of staking out not just the globe but the last unarmed spot in our neighborhood-the heavens-as a militarized sphere of influence. Our earth and its skies are, for the Bush administration, the final frontiers of imperial control. In Hegemony or Survival , Noam Chomsky investigates how we came to this moment, what kind of peril we find ourselves in, and why our rulers are willing to jeopardize the future of our species. With the striking logic that is his trademark, Chomsky dissects America's quest for global supremacy, tracking the U.S. government's aggressive pursuit of policies intended to achieve "full spectrum dominance" at any cost. He lays out vividly how the various strands of policy-the militarization of space, the ballistic-missile defense program, unilateralism, the dismantling of international agreements, and the response to the Iraqi crisis-cohere in a drive for hegemony that ultimately threatens our survival. In our era, he argues, empire is a recipe for an earthly wasteland. Lucid, rigorous, and thoroughly documented, Hegemony or Survival promises to be Chomsky's most urgent and sweeping work in years, certain to spark widespread debate.

Markets Not Capitalism

Author: Gary Chartier
Publisher: Minor Compositions
ISBN: 9781570272424
Format: PDF, Mobi
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Individualist anarchists believe in mutual exchange, not economic privilege. They believe in freed markets rather than capitalism. They defend a distinctive response to the challenges of ending global capitalism and achieving social justice - they wish to eliminate the political privileges that prop up capitalists. These essays explore the gap between radically freed markets and the capitalist-controlled markets that prevail today. The contributors argue that structural poverty can be abolished by liberating market exchange from state capitalist privilege.

American Juries

Author: Neil Vidmar
Publisher: Prometheus Books
ISBN: 1615929878
Format: PDF, ePub, Mobi
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Although the right to trial by jury is enshrined in the U.S. Constitution, in recent years both criminal and civil juries have been criticized as incompetent, biased, and irresponsible. For example, the O.J. Simpson criminal jury's verdict produced a racial divide in opinions about that trial. And many Americans still hold strong views about the jury that awarded millions of dollars to a woman who spilled a cup of McDonald's coffee on herself. It's said that there are judicial hellholes where local juries provide jackpot justice in medical malpractice and product liability cases with corporate defendants. Are these claims valid?This monumental and comprehensive volume reviews over fifty years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system. Rather than relying on anecdotes, Vidmar and Hans-renowned scholars of the jury system-place the jury system in its historical and contemporary context, giving the stories behind important trials while providing fact-based answers to critical questions. How do juries make decisions and how do their verdicts compare to those of trial judges and technical experts? What roles do jury consultants play in influencing trial outcomes? Can juries understand complex expert testimony? Under which circumstances do capital juries decide to sentence a defendant to die? Are juries biased against doctors and big business? Should juries be allowed to give punitive damages? How do juries respond to the insanity defense? Do jurors ignore the law?Finally, the authors consider various suggestions for improving the way that juries are asked to carry out their duties. After briefly comparing the American jury to its counterparts in other nations, they conclude that our jury system, despite occasional problems, is, on balance, fair and democratic, and should remain an indispensable component of the judicial process for the foreseeable future.Neil Vidmar, PhD, (Durham, NC), is both the Russell M. Robinson II Professor of Law at Duke University School of Law and a professor of psychology at Duke University. He has published over 100 research articles and is the author, coauthor, or editor of four books including Hans and Vidmar's widely acclaimed Judging the Jury (1986), Medical Malpractice and the American Jury, and World Jury Systems (2000).Valerie P. Hans, PhD (Ithaca, NY), is Professor of Law at Cornell University. She has published more than ninety research papers and articles and is the author, coauthor or editor of five books including Business on Trial (2000); Judging the Jury (1986) and The Jury System (2006). She also serves on the editorial boards of major professional journals in the field of law and social science.