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Analysis of when, where, and how American law recognizes and responds to claims made in the name of human rights.
For more than six decades, Israel and Palestine have been the center of one of the world's most widely reported yet least understood human rights crises. In Palestine Speaks men and women from the West Bank and Gaza describe in their own words how their lives have been shaped by the conflict. This includes eyewitness accounts of the most recent attacks on Gaza in 2014. The collection includes Ebtihaj, whose son, born during the first intifada, was killed by Israeli soldiers during a night raid almost twenty years later. Nader, a professional marathon runner from the Gaza Strip who is determined to pursue his dream of competing in international races despite countless challenges, including severe travel restrictions and a lack of resources to help him train.
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidiscipl...
Justice is on trial in the United States. From police to prisons, the justice system is accused of overpunishing. It is said that too many Americans are abused by the police, arrested, jailed, and imprisoned. But the denunciations are overblown. The data indicates, contrary to the critics, that we don’t imprison too many, nor do we overpunish. This becomes evident when we examine the crimes of prisoners and the actual time served. The history of punishment in the United States, discussed in vivid detail, reveals that the treatment of offenders has become progressively more lenient. Corporal punishment is no more. The death penalty has become a rarity. Many convicted defendants are given no-incarceration sentences. Restorative justice may be a good thing for low-level offenses, or as an add-on for remorseful prisoners, but when it comes to major crimes it is no substitute for punitive justice. The Myth of Overpunishment presents a workable and politically feasible plan to electronically monitor arrested suspects prior to adjudication (bail reform), defendants placed on probation, and parolees.
A powerful critique of mass incarceration by the people who have experienced it Inside Knowledge is the first book to examine the American prison system through the eyes of those who are trapped within it. Drawing from the writings collected in the American Prison Writing Archive, Doran Larson deftly illustrates how mass incarceration does less to contain any harm perpetrated by convicted people than to spread and perpetuate harm among their families and communities. Inside Knowledge makes a powerful argument that America’s prisons not only degrade and debilitate their wards but also defeat the prison’s cardinal missions of rehabilitation, containment, deterrence, and even meaningful retribution. If prisons are places where convicted people are sent to learn a lesson, then imprisoned people are the ones who know just what American prisons actually teach. At once profound and devastating, Inside Knowledge is an invaluable resource for those interested in addressing mass incarceration in America.
Offering a new theory of poetic constraint, this book analyses contributions of bound people to the history of the lyric.
Solitary confinement is used for a variety of different reasons in many prison systems all over the world, despite the fact that research shows that these practices have widespread and pronounced negative health effects. Besides the death penalty, solitary confinement is arguably the most punitive and dangerous intervention available to state authorities in democratic nations. This broad and interdisciplinary book draws together research and personal experience from neuroscientists, high level prison officials, social and political scientists, medical doctors, lawyers, and former prisoners and their families from different countries in order to address the effects and practices of prolonged solitary confinement and to strengthen the movement for its reform and eventual abolition.
Works like a Charm addresses a simple question: Why are “incentives” everywhere now? From inducements to work harder at our jobs to tax rebates for corporations, “incentive” names a general theory of motivation—according to economists, we are incentive-driven creatures. Yet far from being a neutral generalization, this understanding of human behavior smuggles in a quintessentially economic way of seeing the world. Works like a Charm applies Jacques Lacan's psychoanalytic concept of retroactive causality to explain the metastasis of the language and logic of incentives: To discover an incentive is to place in the untouchable past an economic cause for a contextual, historical force. Tracing “incentive” from its roots in antiquity to its uptake by neoclassical and then Chicago-school economists, Robert O. McDonald diagnoses the spread of incentives across the social, cultural, and political field and warns readers of the dangers of handing over causality to the economists.