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Advanced Introduction to Mental Health Law
Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law.
A Prescription for Dignity
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the inf...
Mental Disability and the Death Penalty
There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of th...
Law and Literature: The Irish Case
Law and Literature: The Irish Case is a collection of fascinating essays by literary and legal scholars which explore the intersections between law and literature in Ireland from the eighteenth century to the present day. Sharing a concern for the cultural life of law and the legal life of culture, the contributors shine a light on the ways in which the legal and the literary have spoken to each other, of each other, and, at times, for each other, on the island of Ireland in the last three centuries. Several of the chapters discuss how texts and writers have found their ways into the law’s chambers and contributed to the development of jurisprudence. The essays in the collection also reveal the juridical and jurisprudential forces that have shaped the production and reception of Irish literary culture, revealing the law’s popular reception and its extra-legal afterlives. List of contributors: Rebecca Anne Barr, Max Barrett, Noreen Doody, Katherine Ebury, Adam Gearey, Tom Hickey, James Kelly, Colum Kenny, David Kenny, Heather Laird, Julie Morrissy, Gearóid O'Flaherty, Virginie Roche-Tiengo, Barry Sheils.
Physical Pain and Justice
It has been said that all great literature is about suffering. But before the twentieth century, physical pain, one of the most primal forms of human suffering, has rarely been represented on the stage and in fiction. But when it is foregrounded in works of literature, it is not only the most dramatic way of representing human suffering, it is also used to explore, in the most intense form, existential questions regarding the meaning of human existence and the justice of the universe. Perhaps it is not entirely coincidental, then, that imaginative works about physical pain, though few in number, figure prominently among the masterpieces of the western literary tradition. The best were writte...
Nijinsky's Feeling Mind
Nijinsky's Feeling Mind: The Dancer Writes, The Writer Dances is the first in-depth literary study of Vaslav Nijinsky's life-writing. Through close textual analysis combined with intellectual biography and literary theory, Nicole Svobodny puts the spotlight on Nijinsky as reader. She elucidates Nijinsky's riffs on Tolstoy, Dostoevsky, and Nietzsche, equating these intertextual connections to "marking" a dance, whereby the dancer uses a reduction strategy situated between thinking and doing. By exploring the intersections of bodily movement with verbal language, this book addresses broader questions of how we sense and make sense of our worlds. Drawing on archival research, along with studies...
The Army Lawyer
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The Machinery of Criminal Justice
Two centuries ago the criminal justice system was primarily run by laymen. In court, victims and defendants interacted face to face while lay jurors from the community sat in judgment. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, denounced guilty defendants, and reconciled and healed wounded relationships. But over the last two centuries, lawyers have taken over the process, silencing victims and defendants and, in many cases, substituting a plea-bargaining system for voice of the jury. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, interests, values, and powers. The Machinery of Criminal Justice explores these trends and considers how criminal justice could better accommodate lay participation, values, and relationships.
God Almighty Hisself
When the Philadelphia Phillies signed Dick Allen in 1960, fans of the franchise envisioned bearing witness to feats never before accomplished by a Phillies player. A half-century later, they're still trying to make sense of what they saw. Carrying to the plate baseball's heaviest and loudest bat as well as the burden of being the club's first African American superstar, Allen found both hits and controversy with ease and regularity as he established himself as the premier individualist in a game that prided itself on conformity. As one of his managers observed, "I believe God Almighty hisself would have trouble handling Richie Allen." A brutal pregame fight with teammate Frank Thomas, a dogg...
