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Punishment and Political Order

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ISBN: 9780472099825 9780472901135 9780472901135 Year: DOI: 10.3998/mpub.133501 Language: English
Publisher: University of Michigan Press Grant: Knowledge Unlatched - 102013
Added to DOAB on : 2019-02-06 08:17:52
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Most of us think of punishment as an ugly display of power. But punishment also tells us something about the ideals and aspirations of a people and their government. How a state punishes reveals whether or not it is confident in its own legitimacy and sovereignty. Punishment and Political Order examines the questions raised by the state’s exercise of punitive power—from what it is about human psychology that desires sanction and order to how the state can administer pain while calling for justice. Keally McBride's book demonstrates punishment's place at the core of political administration and the stated ideals of the polity.

Zur Kriminal- und Strafrechtspolitik des 21. Jahrhunderts. Der Blickwinkel eines nordischen Wohlfahrtsstaates und dessen Strafgesetzreformen: Finnland

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Book Series: Strafrechtswissenschaft und Strafrechtspolitik ISBN: 9783110647990 Year: Volume: 27 Pages: 352 DOI: 10.1515/9783110647990 Language: German
Publisher: De Gruyter
Subject: Law
Added to DOAB on : 2020-02-18 15:12:41
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The volume brings together 18 articles published by the author between 1985 and 2017. These focus on the reforms to Finland’s Criminal Code, which were concluded in 2003 following a process lasting over 30 years. Further articles offer an insight into developments in criminal law in Scandinavia more broadly.

Chapter 10 Healing the American Community: Race and Criminal Justice (Book chapter)

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ISBN: 9781138354173 Year: DOI: 10.4324/9780429424922 Language: English
Publisher: Taylor & Francis
Added to DOAB on : 2020-09-01 00:06:55
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Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice.

El derecho penal en la edad moderna: Nuevas aproximaciones a la doctrina y a la práctica judicial

Authors: --- --- --- --- et al.
Book Series: Historia del Derecho ISSN: 22555137 ISBN: 9788490858127 Year: Volume: 45 Pages: 217 Language: Spanish
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History
Subject: History --- Law
Added to DOAB on : 2016-05-23 09:49:53
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The main purpose of this book is to contribute with the discussion about criminal proceedings and how doctrinal opinions spread through the South of Italy, Iberian countries and New Spain in the Early Modern age. Some relevant topics are judicial discretionary, protection and application of royal competencies, as well as the importance of the decisiones in regard to the procedural activity within the high courts of Portugal and Sicily. The interdependence between Criminal law, doctrinal discourses and judicial practice within the scope of the European ius commune is a basic feature of the chapters contained in this book.---El propósito principal de esta obra colectiva es la contribución al conocimiento de los procedimientos penales y de la difusión de las diversas tendencias doctrinales en el ámbito del sur de Italia, los territorios ibéricos y Nueva España en la temprana Edad Moderna. Algunos temas relevantes son la discrecionalidad judicial, la protección y aplicación de las competencias reales, así como la importancia de las decisiones en lo que atañe a la actividad procesal en el seno de los altos tribunales de Portugal y Sicilia. Las interconexiones entre el derecho criminal, los discursos doctrinales y la práctica judicial en la órbita del ius commune europeo vertebran los capítulos de este libro.

Cultural Expertise: An Emergent Concept and Evolving Practices

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ISBN: 9783039280506 9783039280513 Year: Pages: 94 DOI: 10.3390/books978-3-03928-051-3 Language: English
Publisher: MDPI - Multidisciplinary Digital Publishing Institute
Subject: Law
Added to DOAB on : 2020-01-30 16:39:46
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Cultural expertise in the form of expert opinions formulated by social scientists appointed as experts in the legal process is not different from any other kind of expertise in court. In specialised fields of law, such as native land titles in America and in Australia, the appointment of social scientists as experts in court is a consolidated practice. This Special Issue focuses on the contemporary evolution and variation of cultural expertise as an emergent concept providing a conceptual umbrella for a variety of evolving practices, which all include use of the specialised knowledge of social sciences for the resolution of conflicts. It surveys the application of cultural expertise in the legal process with an unprecedented span of fields ranging from criminology and ethnopsychiatry to the recognition of the rights of autochthone minorities including linguistic expertise, and modern reformulation of cultural rights. In this Special Issue, the emphasis is on the development and change of culture-related expert witnessing over recent times, culture-related adjudication, and resolution of disputes, criminal litigation, and other kinds of court and out-of-court procedures. This Special Issue offers descriptions of judicial practices involving experts in local laws and customs and surveys of the most frequent fields of expert witnessing that are related with culture; interrogates who the experts are, their links with local communities, and also with the courts and the state power and politics; how cultural expert witnessing has been received by judges; how cultural expertise has developed across the sister disciplines of history and psychiatry; and eventually, it asks whether academic truth and legal truth are commensurable across time and space.

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