Law's ViolenceAustin Sarat, Thomas R. Kearns In bringing together accomplished and thoughtful scholars of different disciplines, with a command of literature ranging from the legal to the literary, and in relating the works to the central arguments of the late Professor Robert Cover, Sarat and Kearns have created a first-rate up-to-date exposition of this important and complicated issue, namely, how to understand better the violence implicit and explicit in law.--Legal Studies Forum The relationship between law and violence is made familiar to us in vivid pictures of police beating suspects, the large and growing prison population, and the tenacious attachment to capital punishment in the United States. Yet the link between law and violence and the ways that law manages to impose pain and death while remaining aloof and unstained are an unexplored mystery. Each essay in this volume considers the question of how violence done by and in the name of the law differs from illegal or extralegal violence--or, indeed, if they differ at all. Each author draws on a distinctive disciplinary tradition-- literature, history, anthropology, philosophy, political science, or law. Yet each reminds us that law, constituted in response to the metaphorical violence of the state of nature, is itself a doer of literal violence. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College. |
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... century . The Fate of Law , edited by Austin Sarat and Thomas R. Kearns Law's Violence , edited by Austin Sarat and Thomas R. Kearns Law in Everyday Life , edited by Austin Sarat and Thomas R. Kearns The Rhetoric of Law , edited by ...
... century . The Fate of Law , edited by Austin Sarat and Thomas R. Kearns Law's Violence , edited by Austin Sarat and Thomas R. Kearns Law in Everyday Life , edited by Austin Sarat and Thomas R. Kearns The Rhetoric of Law , edited by ...
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... Century England , ed . Douglas Hay , Peter Linebaugh , John G. Rule , E. P. Thompson , and Cal Winslow ( New York : Pantheon Books , 1975 ) . 19. Wolff , " Violence and the Law , " 59 . 20. Weber , Law in Economy , 5 . 21. Derrida ...
... Century England , ed . Douglas Hay , Peter Linebaugh , John G. Rule , E. P. Thompson , and Cal Winslow ( New York : Pantheon Books , 1975 ) . 19. Wolff , " Violence and the Law , " 59 . 20. Weber , Law in Economy , 5 . 21. Derrida ...
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Contents
1 | |
Constitutional and Unconstitutional Violence | 23 |
A Judges Perspective | 77 |
Reading Violence | 105 |
Time Inequality and Laws Violence | 141 |
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1812 Declaration action argues argument Austin Sarat authority Cambridge capital punishment century claim commitment Congress congressional constitutional crime criminal law critics cultural death penalty decisions defendant Deliberations for World doctrine Dworkin Elaine Scarry England essay example execution fact force gisaro headhunting homicide human Ilongot imagine inequality interpretivist James Boyd White judges judicial jurisprudence Justice Kaluli Karl Olivecrona killer killing language law and violence law enforcement Law Review law's violence legal interpretation legal violence legitimate literature meaning moral narrative Nomos normative nuclear pain percent persons police political population possible president presidential first-use prison private violence question reading relationship representation response Robert Cover Robert Paul Wolff Ronald Dworkin Rosaldo rules Sarat and Kearns Sarat and Thomas Scarry Schieffelin Senate sense social control society speaker speech act suggests texts textual theory trial United University Press verbal victim vote Weisberg words World War II York