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The Deviant Prison
A compelling examination of the highly criticized use of long-term solitary confinement in Philadelphia's Eastern State Penitentiary during the nineteenth century.
The Foundations of the Modern Philippine State
This book examines how the colonial Philippine constitution weakened the safeguards that shielded liberty from power and unleashed a constitutional despotism.
The Ghostwriters
Based on author's thesis (doctoral - Princeton University, 2019).
Discounting Life
Extrajudicial, extraterritorial killings of War on Terror adversaries by the US state have become the new normal. Alongside targeted individuals, unnamed and uncounted others are maimed and killed. Despite the absence of law's conventional sites, processes, and actors, the US state celebrates these killings as the realization of 'justice.' Meanwhile, images, narrative, and affect do the work of law; authorizing and legitimizing the discounting of some lives so that others – implicitly, American nationals – may live. How then, as we live through this unending, globalized war, are we to make sense of law in relation to the valuing of life? Adopting an interdisciplinary approach to law to excavate the workings of necropolitical law, and interrogating the US state's justifications for the project of counterterror, this book's temporal arc, the long War on Terror, illuminates the profound continuities and many guises for racialized, imperial violence informing the contemporary discounting of life.
Law and Precarity
Why do some people invoke the law (or resist it) as a way to solve their problems and achieve more stability in life, only to end up in another challenging and uncertain situation? This book offers an original understanding of the important, but understudied, paradoxical effects of law on the survival strategies of Vietnamese people who are caught to live and work in precarious circumstances. It demonstrates how precarity influences the way people perceive, engage with, or resist the law; yet law, at the same time, creates and reinforces such a condition. Understanding the mutually reinforcing relationship between law and precarity sheds a new light on the way law enables individuals to better their condition but ultimately makes matters worse rather than better. This book will be of interest to researchers and students of law and society, political economy, anthropology, and Asian studies.
Homicide Justified
This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved...
In Search of Criminal Responsibility
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....
Constitutional Populism
Explores a range of anti-constitutionalist populist regimes, identifying and analysing their causes, characteristics and consequences.
Law and the Epistemologies of the South
Offers a radical critique of exclusionary state law and proposes an epistemic, theoretical and political alternative.
Research Handbook of Comparative Criminal Justice
With contributions from leading experts in the field, this timely Research Handbook reconsiders the theories, assumptions, values and methods of comparative criminal justice in light of the challenges and opportunities posed by globalisation, deglobalisation and transnationalisation.
