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Hegemonic Individualism And Subversive Stories In Capital Mitigation

Author: Ross Kleinstuber
Publisher: Routledge
ISBN: 1317122895
Size: 23.17 MB
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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.

Mercy On Trial

Author: Austin Sarat
Publisher: Princeton University Press
ISBN: 1400826721
Size: 27.12 MB
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On January 11, 2003, Illinois Governor George Ryan--a Republican on record as saying that "some crimes are so horrendous . . . that society has a right to demand the ultimate penalty"--commuted the capital sentences of all 167 prisoners on his state's death row. Critics demonized Ryan. For opponents of capital punishment, however, Ryan became an instant hero whose decision was seen as a signal moment in the "new abolitionist" politics to end killing by the state. In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy. Starting from Ryan's controversial decision, Mercy on Trial uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of "lawful lawlessness," it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions. From the history of capital clemency in the twentieth century to surrounding legal controversies and philosophical debates about when (if ever) mercy should be extended, Sarat examines the issue comprehensively. In the end, he acknowledges the risks associated with mercy--but, he argues, those risks are worth taking.

Capital As Power

Author: Jonathan Nitzan
Publisher: Routledge
ISBN: 1134022298
Size: 13.81 MB
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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’.

Law S History

Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 0521761913
Size: 59.79 MB
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This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

Poverty Capital

Author: Ananya Roy
Publisher: Routledge
ISBN: 1136992499
Size: 80.54 MB
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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.

Prison Notebooks

Author: Antonio Gramsci
Publisher: Columbia University Press
ISBN: 0231060831
Size: 77.16 MB
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Antonio Gramsci (1891-1937) is widely celebrated as the most original political thinker in Western Marxism and an all-around outstanding intellectual figure. Arrested and imprisoned by the Italian Fascist regime in 1926, Gramsci died before fully regaining his freedom. Nevertheless, in his prison notebooks he recorded thousands of brilliant reflections on an extraordinary range of subjects, establishing an enduring intellectual legacy. Columbia University Press's multivolume Prison Notebooks is the only complete critical edition of Antonio Gramsci's seminal writings in English. The notebooks' integral text gives readers direct access not only to Gramsci's influential ideas but also to the intellectual workshop where those ideas were forged. Extensive notes guide readers through Gramsci's extraordinary series of reflections on an encyclopedic range of topics. Volume 1 opens with an introduction to Gramsci's project, describing the circumstances surrounding the composition of his notebooks and examining his method of inquiry and critical analysis. It is accompanied by a detailed chronology of the author's life. An unparalleled translation of notebooks and 2 follows, which laid the foundations for Gramsci's later writings. Most intriguing are his earliest formulations of the concepts of hegemony, civil society, and passive revolution. Joseph A. Buttigieg is the William R. Kenan Jr. Professor of English and a fellow of the Nanovic Institute for European Studies at the University of Notre Dame. He is the author of A Portrait of the Artist in Different Perspective and has edited or coedited The Legacy of Antonio Gramsci, Criticism Without Boundaries, Gramsci and Education, and European Christian Democracy.

Real World Justice

Author: A. Follesdal
Publisher: Springer Science & Business Media
ISBN: 1402031424
Size: 80.19 MB
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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.

Wealth And Power

Author: Duran Bell
Publisher: Altamira Pr
ISBN:
Size: 21.90 MB
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Bell presents for the first time a foundational conception of wealth as a form of social resource, and explains the consequences for our understanding of social relations and social process. He demonstrates the articulation of household resources in relation to wealth, constructs a measure of the social power attributable to the holding of wealth assets, and presents an analytically powerful conception of balanced exchange. By observing the implications of wealth on a cross-cultural and multi-societal basis he shows how we can gain new insights into the implications of capital formation during this period of global accumulation.