justice and the slaughter bench essays on law s broken dialectic

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Justice And The Slaughter Bench

Author : Alan Norrie
ISBN : 9781317355519
Genre : Law
File Size : 73. 98 MB
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In this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’). The later essays look at the complex underlying relation between law and ethics (‘law’s constellation’). In Hegel’s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically ‘broken’. These essays cover such issues as criminal law’s ‘general part’, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law’s method, and its place in the social whole. The analysis of law’s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.

The Preventive Turn In Criminal Law

Author : Henrique Carvalho
ISBN : 9780191057762
Genre : Law
File Size : 57. 31 MB
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Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, The Preventive Turn in Criminal Law demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition.

Law S Judgement

Author : William Lucy
ISBN : 9781509913299
Genre : Law
File Size : 38. 50 MB
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Law's Judgement elucidates and defends a feature of contemporary law that is currently either overlooked or too glibly dismissed as morally troublesome or historically anachronistic. That feature is the abstract nature of law's judgement and its three components show that, when law judges us, it often does so in ignorance of our particular characters and abilities, on the one hand, and in ignorance of our context and circumstances, on the other. Law's judgement is thus insensitive to all or much that makes us the particular people we are. The book explores various connections between this mode of judgement and some of our most important legal and political values. It shows that law's abstract judgement is closely related to important juristic conceptions of personhood, responsibility and impartiality, and that these notions are not without moral significance. The book also examines the connections between modern law's judgement and three of our most important political values, namely, dignity, equality and community. It argues that, if we value particular conceptions of dignity, equality and community, then we must also value law's judgement. Illuminating these connections therefore serves a double purpose: first, it makes a case against those who counsel liberation from law's abstract judgement and, second, it redirects attention to the task of morally evaluating law's abstract judgement in its own terms.

Dialectic And Difference

Author : Alan Norrie
ISBN : 9781135260774
Genre : Philosophy
File Size : 83. 11 MB
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Dialectic and Difference is the first systematic exploration of Roy Bhaskar’s dialectical philosophy and its implications for ethics and justice. That philosophy has three aims: a dialecticisation of original critical realism, a ‘critical realisation’ of dialectic, and a metacritique of western philosophy. In the first, real absence or negativity links structured being to dialectical becoming in a dynamic world. The second draws on Marx to locate the critical impulse in Hegel’s dialectic in a material, open and changing totality. The third identifies a central problem in western philosophy from the Greeks on, the failure to think real negativity as the essence of change (‘ontological monovalence’). Bhaskar’s ethics connect basic human ontology with universal principles of freedom and solidarity. He marries (‘constellates’) these with a grasp of how principles are historically shaped. His account of freedom moves from the infant’s ‘primal scream’ to the eudaimonic society, but thinks the limits to freedom under modern conditions. The morally real in ethics and justice is displaced and reconfigured as relations between ‘the ideal’ and ‘the actual’. Western philosophy systematically denies the real negativity that drives Bhaskar’s dialectic. Metacritique traces this to Parmenides and Plato’s account of non-being as difference. It enables a critique of the poststructural radicalisation of difference via Nietzsche and the doctrine of ‘Heraclitan flux’. Mobilised as ‘the other’ of Plato’s Forms, this remains a move on Platonic terrain. It too denies real negativity in structured being as the ground of historical change and moral praxis. This text is essential reading for all serious students of social theory, philosophy, and legal theory.

Crime Reason And History

Author : Alan Norrie
ISBN : 9780521516464
Genre : Law
File Size : 43. 43 MB
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"It is eight years since the first edition of this book was published. Where relevant, I have sought to update the argument with new case and statute law. I have also developed the analysis, especially in Chapter 3, where a closer link between the two main sections, on motive and intention and indirect intention, is established"--

Intricate Thicket

Author : Mark Scroggins
ISBN : 9780817358044
Genre : Literary Criticism
File Size : 39. 77 MB
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"This project gathers essays on a wide range of key twentieth and twenty-first century poets and writers. Scroggins examines the legacy of Louis Zukofsky (the subject of his two earlier books with the University of Alabama Press), assesses the extraordinarily influential Black Mountain poets, and provides close readings of individual books and detailed career overviews of a number of the most dynamic, innovative, and celebrated poets of the past half-century, among them Ian Hamilton Finlay, Ronald Johnson, Rae Armantrout, Harryette Mullen, Anne Carson, and others. Taken together these essays make a cumulative argument for the persistent vitality of the modernist tradition in contemporary writing, and for the intellectual and aesthetic richness made available by modernist techniques of composition. These essays are rich with detail and careful close interpretation, and are written in a lively, accessible style. While Scroggins does not shy away from engaging with complex and challenging works, his writing is pitched towards an interested, educated readership, and steers clear of theoretical entanglements and specialized jargon. And while interpreting poems is at the center of these essays, Scroggins does not hesitate to make aesthetic judgments about the successes or failures of particular texts. He situates his own critical practice and his own aesthetic investments in a concluding pair of essays, one of them a consideration of the practical and theoretical challenges of literary biography (with special reference to his work on the critically acclaimed The Poem of a Life: A Biography of Louis Zukofsky) and the other a reflection on his own aesthetics as a publishing poet"--

Law The Beautiful Soul

Author : Alan Norrie
ISBN : 9781135310257
Genre : Law
File Size : 86. 53 MB
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Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Traced historically, the conflicts he describes can be read today in law's treatment of legality and justice, judgment and responsibility. Joint winner of the Hart / Socio-Legal Studies Association Book Prize 2006.

In Search Of Criminal Responsibility

Author : Nicola Lacey
ISBN : 9780191084065
Genre : Law
File Size : 52. 79 MB
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What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.

The Interpretation Of Cultures

Author : Clifford Geertz
ISBN : 9780465093564
Genre : Social Science
File Size : 27. 56 MB
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In The Interpretation of Cultures, the most original anthropologist of his generation moved far beyond the traditional confines of his discipline to develop an important new concept of culture. This groundbreaking book, winner of the 1974 Sorokin Award of the American Sociological Association, helped define for an entire generation of anthropologists what their field is ultimately about.

The Crucible

Author : Arthur Miller
ISBN : 110104246X
Genre : Drama
File Size : 51. 70 MB
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A haunting examination of groupthink and mass hysteria in a rural community The place is Salem, Massachusetts, in 1692, an enclave of rigid piety huddled on the edge of a wilderness. Its inhabitants believe unquestioningly in their own sanctity. But in Arthur Miller's edgy masterpiece, that very belief will have poisonous consequences when a vengeful teenager accuses a rival of witchcraft—and then when those accusations multiply to consume the entire village. First produced in 1953, at a time when America was convulsed by a new epidemic of witch-hunting, The Crucible brilliantly explores the threshold between individual guilt and mass hysteria, personal spite and collective evil. It is a play that is not only relentlessly suspenseful and vastly moving but that compels readers to fathom their hearts and consciences in ways that only the greatest theater ever can. "A drama of emotional power and impact" —New York Post

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