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.
Contributors. Wayne Andersen, Sissela Bok, Yves Bonnefoy, Caroline Walker Bynum, Clare Cavanagh, Charles-Albert Cingria, Caryl Emerson, Clifford Geertz, Stanley N. Katz, Aileen Kelly, Adam Michnik, Péter Nádas, Eugene Ostashevsky, Jeffrey M. Perl, Marjorie Perloff, Nina Pelikan Straus, Rei Terada, Gianni Vattimo, William Vesterman, Aleksandr Vvedensky, Adam Zagajewski.
Detailed and rife with social and cultural implications, Poetry and Violence is a compelling commentary on violence as both human experience and communicative action.
Franklin Ford's unprecedented inquiry into assassination traverses civilizations, cultures, religions, and modes of social behavior to locate the common threads of this often mysterious and always shocking phenomenon.
Are there similarities between the killings of the Gracchi brothers and the Kennedy brothers? Does the Baader-Meinhof terrorist gang have roots in the rightist murder teams of Weimar Germany? Was political context as important to the crucifixion of Jesus as to the death of Martin Luther King in 1968? Are political murders usually produced by elaborate conspiracies, or are they more often the work of lone assassins? What circumstances and impulses motivate an individual to risk his or her own life to kill another for reasons of state? This fast-paced narrative, interspersed with reflections, finds intriguing implications in a multitude of famous cases.
From the first known case of political murder, Ehud the Benjamite's stabbing of Eglon, to the recent gunning down of Indira Gandhi by two trusted Sikh bodyguards, the frequency of such acts has varied greatly over time. Mainland Greece suffered few political murders in the violent century of Pericles. The Romans, despite their bloody record under the Empire, avoided assassination for almost four hundred years under the Republic. There was a third such "remission" during the twelfth and thirteenth centuries, Europe's high Middle Ages, matched by yet another extending from 1650 to 1789. In the interval between, the sixteenth century was an especially violent time in countries such as Scotland, the Netherlands, and France. Assassination and terrorism increased again after 1815, but the nineteenth century did not come close to equaling the twentieth in the number of brutal episodes.
Ford's exploration of calculated, personalized assassination draws on history, literature, law, philosophy, sociology, and religion. Addressing the vast array of cases and combing thousands of years of history, he asks most of all whether assassination works. Does it, in even a minority of cases, produce results consistent with the aims of those who attempt it? Can it forestall evil acts or prevent irreparable damage inflicted by misguided leaders? Or is it "bad politics" in every sense of the term? The questions are large ones, and this book offers a sophisticated basis for seeking answers.
Blessed with fertile and well-watered soil, East Africa’s kingdom of Buganda supported a relatively dense population and became a major regional power by the mid-nineteenth century. This complex and fascinating state has also long been in need of a thorough study that cuts through the image of autocracy and military might.
Political Power in Pre-Colonial Buganda explores the material basis of Ganda political power, gives us a new understanding of what Ganda power meant in real terms, and relates the story of how the kingdom used the resources at its disposal to meet the challenges that confronted it. Reid further explains how these same challenges ultimately limited Buganda’s dominance of the East African great lakes region.
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.
With the collapse of the Cold War following the Eastern European revolutions and the ongoing democratization of the Soviet republics, optimism about peace has transformed the international political climate. Incidents such as the Gulf War, however, have tempered this optimism and cast doubts on the prospects for demilitarization. In this book, Martin Shaw examines some of the developments that lie behind the recent momentous changes and argues that, despite the Gulf War and other regional wars, militarism is in decisive retreat.
Writing from a broadly sociological perspective, Shaw examines the roles of war and military institutions in human society and the ways in which preoccupation with war has affected domestic, regional, and international politics in the twentieth century. In doing so, he asks: When does the post-war era end? How have nuclear weapons altered the perception of war by society? What is the relationship between industrialism and militarism?
The author contends that, despite the militarism of some Third World countries, societies in the advanced industrial world (especially in Europe) have been undergoing a profound demilitarization. These societies have become politically insulated from war preparation, have recognized the effect of social movements on inter-state relations, and are experiencing a "revolution of rising expectations."
Offering evidence of "post-military citizenship," Shaw describes the increasing resistance to military conscription throughout the Western world, the replacement of blind obedience with demand for accountability in Eastern bloc countries, and the simultaneous rise of nationalism and communitarianism among common market members. And, in light of the collapse of Stalinist militarism in Europe and the USSR, Shaw suggests some of the changes that face Soviet society.
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