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Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective conscience" of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity. To this end, writes Osiel, we should pay closer attention to the...
Winner of the 2017 Choice Outstanding Academic Title Award In Marxism and Criminology: A History of Criminal Selectivity, Valeria Vegh Weis rehabilitates the contributions and the methodology of Marx and Engels to analyze crime and punishment through the historical development of capitalism (15th Century to the present) in Europe and in the United States. The author puts forward the concepts of over-criminalization and under-criminalization to show that the criminal justice system has always been selective. Criminal injustice, the book argues, has been an inherent element of the founding and reproduction of a capitalist society. At a time when racial profiling, prosecutorial discretion, and mass incarceration continue to defy easy answers, Vegh Weis invites us to revisit Marx and Engels’ contributions to identify socio-economic and historic patterns of crime and punishment in order to foster transformative changes to criminal justice. The book includes a Foreword by Professor Roger Matthews of Kent University, and an Afterword written by Professor Jonathan Simon of the University of California, Berkeley.
Despite its Finnish initiative and pedigrees, The Finnish Yearbook of International Law does not restrict itself to purely 'Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. The Finnish Yearbook of International Law annually publishes, in both English and French, articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offerings include: - longer articles of a theoretical nature, exploring new avenues and approaches; - shorter polemics; - commentaries on current international law developments; - book reviews; and - documentation of relevance to Finland's foreign relations not easily available elsewhere. The Finnish Yearbook offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.
Over the last two decades in the West, there has been a significant increase in the arrest, imprisonment and detention of migrants. The racial criminalization and victimization of migrants and Roma people has led judicial authorities, local governments, the police, mass media and the general population to perceive migrants and 'gypsies' as responsible for a wide range of offences. Taking into consideration the political and cultural conditions that affect and interconnect societies of emigration and immigration, the contributors examine and compare a range of cases in Europe and the United States. The contributions demonstrate how the persecution of the 'current enemy' is the 'total political fact' of the 21st century in that it ensures consensus and business, or what might be termed the 'crime deal' of today. This provocative book has international appeal and will be a valuable resource for academics, researchers and policymakers with an interest in migration and social and ethnic control.
First published in 2004. The seventeen essays in this volume discuss the work of Alain Touraine and consider his contribution to the social sciences. The text includes his most recent thinkings on the market and communities.
Essays reflecting on our understanding and moral judgement of violence. The essays argue that even serious violence is not a simple fact, but a category of thought and practice rooted in history, culture and society.
This book is the first written by an insider about the tragic outcome of Argentina's human-rights trials. Jaime Malamud-Goti was one of two advisers asked by President Raul R. Alfonsin to organize the trials. This was not an assignment without risk: Malamud-Goti received constant threats. But did the trials further the cause of democracy - as the prosecutors so fervently had hoped? Even though he was an architect of the proceedings, Malamud-Goti argues that they did not. In fact, he says, they may have contributed to the new mode of authoritarianism and bigotry now rising in Argentina. What most profoundly interests Malamud-Goti is that his nation persists in turning logic on its head: multi...
Late nineteenth-century Spanish fiction is populated by adulteresses, prostitutes, seduced women, and emasculated men - indicating an almost obsessive interest in gender deviance. In Marginal Subjects, Akiko Tsuchiya shows how the figure of the deviant woman—and her counterpart, the feminized man - revealed the ambivalence of literary writers towards new methods of social control in Restoration Spain. Focusing on works by major realist authors such as Benito Pérez Galdós, Emilia Pardo Bazán, and Leopoldo Alas (Clarín), as well as popular novelists like Eduardo López Bago, Marginal Subjects argues that these archetypes were used to channel collective anxieties about sexuality, class, race, and nation. Tsuchiya also draws on medical and anthropological texts and illustrated periodicals to locate literary works within larger cultural debates. Marginal Subjects is a riveting exploration of why realist and naturalist narratives were so invested in representing gender deviance in fin-de-siècle Spain.