We know that violence breeds violence. We need look no further than the wars in the western Balkans, the genocide in Rwanda, or the ongoing crisis in Israel and Palestine. But we don’t know how to deal with the messy moral and political quandaries that result when victims become perpetrators. When the line between guilt and innocence wavers and we are confronted by the suffering of the victim who turns to violence, judgment may give way to moral relativism or liberal tolerance,...
Few tasks are as crucial for the future of democracy in Latin America—and, indeed, in other underdeveloped areas of the world—as strengthening the rule of law and reforming the system of taxation. In this book, Marcelo Bergman shows how success in getting citizens to pay their taxes is related intimately to the social norms that undergird the rule of law. The threat of legal sanctions is itself insufficient to motivate compliance, he argues. That kind of deterrence works...
The mass violence of the twentieth century’s two world wars—followed more recently by decentralized and privatized warfare, manifested in terrorism, ethnic cleansing, and other localized forms of killing—has led to a heightened awareness of human beings’ vulnerability and the precarious nature of the institutions they create to protect themselves from violence and exploitation. This vulnerability, something humans share amid the diversity of cultural...
Under the Constitution of the United States, those with political ambitions who aspire to serve in the federal government must be at least twenty-five to qualify for membership in the House of Representatives, thirty to run for the Senate, and thirty-five to become president. What is the justification for these age thresholds, and is it time to consider changing them? In this provocative and lively book, John Seery presents the case for a constitutional amendment to lower the age barrier to...
Despite constitutions that enshrine equality, until recently every state in Latin America permitted longer working hours (in some cases more than double the hours) and lower benefits for domestic workers than other workers. This has, in effect, subsidized a cheap labor force for middle- and upper-class families and enabled well-to-do women to enter professional labor markets without having to negotiate household and care work with their male partners. While elite resistance to reform has been...
Latin America is still dealing with the legacy of terror and torture from its authoritarian past. In the years after the restoration of democratic governments in countries where violations of human rights were most rampant, the efforts to hold former government officials accountable were mainly conducted at the level of the state, through publicly appointed truth commissions and other such devices. This stage of “transitional justice” has been carefully and exhaustively...
Inside This Place, Not of It reveals some of the most egregious human rights violations within women’s prisons in the United States. In their own words, the thirteen narrators in this book recount their lives leading up to incarceration and their experiences inside—ranging from forced sterilization and shackling during childbirth, to physical and sexual abuse by prison staff. Together, their testimonies illustrate the harrowing struggles for survival that women in prison must endure.
A provocative investigation of how law shapes everyday life. In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implmented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures...
Surviving Justice presents oral histories of thirteen people from all walks of life, who, through a combination of all-too-common factors—overzealous prosecutors, inept defense lawyers, coercive interrogation tactics, eyewitness misidentification— found themselves imprisoned for crimes that they did not commit. The stories these exonerated men and women tell are spellbinding, heartbreaking, and ultimately inspiring. These narrators include: Paul Terry, who spent twenty-seven years wrongfully...
Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is...
The American Civil War was the first military conflict in history to be fought with railroads moving troops and the telegraph connecting civilian leadership to commanders in the field. New developments arose at a moment’s notice. As a result, the young nation’s political structure and culture often struggled to keep up. When war began, Congress was not even in session. By the time it met, the government had mobilized over 100,000 soldiers, battles had been fought, casualties had been taken, some...