A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality.

We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system.

The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy.

A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.

From Donald Trump in the U.S. to Jair Bolsonaro in Brazil, Viktor Orbán in Hungary, and Narendra Modi in India, right-wing populist leaders have taken power in many parts of the world. While each country’s populist movement is distinct, they are united by several key features, including the presence of a boastful strongman leader and the scapegoating of vulnerable populations, especially immigrants, people of color, LGBTQ people, and women.
 
The Perils of Populism shows how a feminist lens can help diagnose the factors behind the global rise of right-wing populism and teach us how to resist the threat it presents to democracy. Featuring interdisciplinary essays about politics in the United States, the Middle East, Europe, and India from a variety of acclaimed theorists and activists, the volume contributes to a rapidly expanding literature on gender and the far right. Together, these chapters offer a truly intersectional analysis of the problem, addressing everything from how populism has thrived in a “post-truth” era to the ways it appeals to working-class voters looking for an alternative to neoliberalism. Yet the authors also find reasons to be hopeful, as they showcase forms of grassroots feminist activism that challenge right-wing populism by advocating for racial and economic justice.

Colombia’s headline story, about the peace process with guerrilla and its attendant controversies, does not consider the fundamental contradiction of a nation that spans generosity and violence, warmth and hatred—products of its particular pattern of invasion, dispossession, and enslavement. The Persistence of Violence fills that gap in understanding. Colombia is a place that is two countries in one—the ideal and the real—summed up in the idiomatic expression, not unique to Colombia, but particularly popular there, "Hecha la ley, hecha la trampa" (When you pass a law, you create a loophole). Less cynically, and more poetically, the Nobel Laureate Gabriel García Márquez deemed Colombians capable of both the most noble acts and the most abject ones, in a world where it seems anyone might do anything, from the beautiful to the horrendous.The Persistence of Violence draws on those contradictions and paradoxes to look at how violence—and resistance to it—characterize Colombian popular culture, from football to soap opera to journalism to tourism to the environment.
 

2020 Choice​ Outstanding Academic Title​
Short-listed for the Juan E. Méndez Book Award for Human Rights in Latin America from Duke University Libraries

How do victims and perpetrators of political violence caught up in a complicated legal battle experience justice on their own terms? Phenomenal Justice is a compelling ethnography about the reopened trials for crimes against humanity committed during the brutal military dictatorship that ruled Argentina between 1976 and 1983. Grounded in phenomenological anthropology and the anthropology of emotion, this book establishes a new theoretical basis that is faithful to the uncertainties of justice and truth in the aftermath of human rights violations. The ethnographic observations and the first-person stories about torture, survival, disappearance, and death reveal the enduring trauma, heartfelt guilt, happiness, battered pride, and scratchy shame that demonstrate the unreserved complexities of truth and justice in post-conflict societies. Phenomenal Justice will be an indispensable contribution to a better understanding of the military dictatorship in Argentina and its aftermath.

Mitchell B. Merback studies surviving relics and eucharistic cult statues, painted miracle cycles and altarpieces, propaganda broadsheets, and more in an effort to explore how accusation and legend were transformed into propaganda and memory. Merback shows how persecution and violence became interdependent with normative aspects of Christian piety, from pilgrimage to prayers for the dead, infusing them with the ideals of crusade. Valiantly reconstructing the cult environments created for these sacred places, Pilgrimage and Pogrom is an illuminating look at Christian-Jewish relations in premodern Europe.

Fleeing the social and political turmoil spawned by the Mexican Revolution, massive numbers of Mexican immigrants entered the southwestern United States in the early decades of the twentieth century. But instead of finding refuge, many encountered harsh, anti-Mexican attitudes and violence from an Anglo population frightened by the influx of foreigners and angered by anti-American sentiments in Mexico.

This book examines the response of Mexican immigrants to Anglo American prejudice and violence early in the twentieth century. Drawing on archival sources from both sides of the border, Arturo Rosales traces the rise of "México Lindo" nationalism and the efforts of Mexican consuls to help poor Mexican immigrants defend themselves against abuses and flagrant civil rights violations by Anglo citizens, police, and the U.S. judicial system. This research illuminates a dark era in which civilian and police brutality, prejudice in the courtroom, and disproportionate arrest, conviction, and capital punishment rates too often characterized justice for Mexican Americans.

In 2002, Neil Whitehead published Dark Shamans: Kanaimà and the Poetics of Violent Death, in which he applied the concept of poetics to the study of violence and observed the power of violence in the creation and expression of identity and social relationships. The Poetics of Processing applies Whitehead’s theory on violence to mortuary and skeletal assemblages in the Andes, Mexico, the US Southwest, Jordan, Ethiopia, Egypt, and Turkey, examining the complex cultural meanings of the manipulation of remains after death.
 
The contributors interpret postmortem treatment of the physical body through a poetics lens, examining body processing as a mechanism for the re-creation of cosmological events and processing’s role in the creation of social memory. They analyze methods of processing and the ways in which the living use the physical body to stratify society and gain power, as evidenced in rituals of body preparation and burial around the world, objects buried with the dead and the hierarchies of tomb occupancy, the dissection of cadavers by medical students, the appropriation of living spaces once occupied by the dead, and the varying treatments of the remains of social outsiders, prisoners of war, and executed persons.
 
The Poetics of Processing combines social theory and bioarchaeology to examine how the living manipulate the bodies of the dead for social purposes. These case studies—ranging from prehistoric to historic and modern and from around the globe—explore this complex material relationship that does not cease with physical death. This volume will be of interest to mortuary archaeologists, bioarchaeologists, and cultural anthropologists.
 
Contributors:
Dil Singh Basanti, Roselyn Campbell, Carlina de la Cova, Eric Haanstad, Scott Haddow, Christina Hodge, Christopher Knusel, Kristin Kuckelman, Clark Spencer Larsen, Debra Martin, Kenneth Nystrom, Adrianne Offenbecker, Megan Perry, Marin Pilloud, Beth K. Scaffidi, Mehmet Somel, Kyle D. Waller
 

John H. McDowell provides an in-depth look at the Mexican ballad form known as the corrido, a body of poetry that draws from violence for its subject matter. Through interviews with male and female corrido composers and performers, plus a generous sampling of ballad texts, McDowell reveals a living vernacular tradition that chronicles local and regional rivalries and spawned the narcocorrido, ballads set in the drug trade and particularly popular along the Rio Grande border.

Detailed and rife with social and cultural implications, Poetry and Violence is a compelling commentary on violence as both human experience and communicative action.

Mahatma Gandhi and Jawaharlal Nehru helped create the myth of a nonviolent ancient India while building a modern independence movement on the principle of nonviolence (ahimsa). But this myth obscures a troubled and complex heritage: a long struggle to reconcile the ethics of nonviolence with the need to use violence to rule. Upinder Singh documents the dynamic tension between violence and nonviolence in ancient Indian political thought and practice over twelve hundred years.

Political Violence in Ancient India looks at representations of kingship and political violence in epics, religious texts, political treatises, plays, poems, inscriptions, and art from 600 BCE to 600 CE. As kings controlled their realms, fought battles, and meted out justice, intellectuals debated the boundary between the force required to sustain power and the excess that led to tyranny and oppression. Duty (dharma) and renunciation were important in this discussion, as were punishment, war, forest tribes, and the royal hunt. Singh reveals a range of perspectives that defy rigid religious categorization. Buddhists, Jainas, and even the pacifist Maurya emperor Ashoka recognized that absolute nonviolence was impossible for kings.

By 600 CE religious thinkers, political theorists, and poets had justified and aestheticized political violence to a great extent. Nevertheless, questions, doubt, and dissent remained. These debates are as important for understanding political ideas in the ancient world as for thinking about the problem of political violence in our own time.

Between 1980 and 1994, Peru endured a bloody internal armed conflict, with some 69,000 people killed in clashes involving two insurgent movements, state forces, and local armed groups. In 2003, a government-sponsored “Truth and Reconciliation Committee” reported that the conflict lasted longer, affected broader swaths of the national territory, and inflicted higher costs in both human and economic terms than any other conflict in Peru’s history. Of those killed, 75 percent were speakers of an indigenous language, and almost 40 percent were among the poorest and most rural members of Peruvian society. These unequal impacts of the violence on the Peruvian people revealed deep and historical disparities within the country.

This collection of original essays by leading international experts on Peruvian politics, society, and institutions explores the political and institutional consequences of Peru’s internal armed conflict in the long 1980s. The essays are grouped into sections that cover the conflict itself in historical, comparative, and theoretical perspectives; its consequences for Peru’s political institutions; its effects on political parties across the ideological spectrum; and its impact on public opinion and civil society. This research provides the first systematic and nuanced investigation of the extent to which recent and contemporary Peruvian politics, civil society, and institutions have been shaped by the country’s 1980s violence.

In Promises Beyond Memory, Vikki Bell shows how archives of contemporary political violence in Argentina, Chile, and Colombia challenge the idea that simply sheltering the documentation of violence is sufficient to fulfill the obligations of attending to the past. Beyond mere preservation, these archives, museums, and sites of memory invite exploratory modes of enlivening the past through aesthetic practices like photography, installation, film, and performance. These practices foster the “survivance” of memory where populations still grapple with legacies of violence and often state-sponsored mass disappearance and torture. Rather than produce a definitive account of the past, such survivance facilitates polyvocal articulations that open deeply political and ethical questions around contested histories. They may even create moments for what Bell terms “tender forgetting”—the ability to remember without reawakening trauma. Integrating theory, extensive archival work, and interviews with artists, archivists, museum workers, and survivors of state violence, Bell analyses the creative ways that archives pass on stories of violence as they seek to defend against attempts to rewrite the past.

This book analyses the underlying reasons behind the formation of the Provisional Irish Republican Army (IRA), its development, where this current in Irish republicanism is at present and its prospects for the future.

Tommy McKearney, a former IRA member who was part of the 1980 hunger strike, challenges the misconception that the Provisional IRA was only, or even wholly, about ending partition and uniting Ireland. He argues that while these objectives were always the core and headline demands of the organisation, opposition to the old Northern Ireland state was a major dynamic for the IRA’s armed campaign. As he explores the makeup and strategy of the IRA he is not uncritical, examining alternative options available to the movement at different periods, arguing that its inability to develop a clear socialist programme has limited its effectiveness and reach.

This authoritative and engaging history provides a fascinating insight into the workings and dynamics of a modern resistance movement.