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Plea bargaining is one of the most striking features of American courts. The vast majority of criminal convictions today are produced through bargained pleas. Where does the practice come from? Whose interests does it serve? Often plea bargaining is imagined as a corruption of the court during the post-World War II years, paradoxically rewarding those who appear guilty rather than those claiming innocence. Yet, as Mary Vogel argues in this pathbreaking history, plea bargaining's roots are deeper and more distinctly American than is commonly supposed. During the Age of Jackson, amidst crime and violence wrought by social change, the courts stepped forward as agents of the state to promote the social order. Plea bargaining arose during the 1830s and 1840s as part of this process of political stabilization and an effort to legitimate institutions of self-rule--accomplishments that were vital to Whig efforts to restore order and reconsolidate their political power. To this end, the tradition of episodic leniency from British common law was recrafted into a new cultural form--plea bargaining--that drew conflicts into the courts while maintaining elite discretion over sentencing policy. In its reliance on the mechanism of leniency, the courts were attempting a sort of social "triage"--sorting those who could be reclaimed as industrious and productive citizens from marginals and transients. The "worthy" often paid fines and were returned to their community under the watchful eyes of their intercessors and that most powerful web of social control, that of everyday life. Created during a period of social mobility, plea bargaining presumed that those with much to lose through conviction would embrace individual reform. Today, when many defendants who come before the court have much less in the way of prospects to lose, leniency may be more likely to be regarded with cynicism, as an act of weakness by the state, and plea bargaining may grow more problematic.
History has focused on Hitler’s use of charisma and terror, asserting that the dictator made few concessions to maintain power. Nathan Stoltzfus, the award-winning author of Resistance of Heart: Intermarriage and the Rosenstrasse Protest in Germany, challenges this notion, assessing the surprisingly frequent tactical compromises Hitler made in order to preempt hostility and win the German people’s complete fealty. As part of his strategy to secure a “1,000-year Reich,” Hitler sought to convince the German people to believe in Nazism so they would perpetuate it permanently and actively shun those who were out of step with society. When widespread public dissent occurred at home—which most often happened when policies conflicted with popular traditions or encroached on private life—Hitler made careful calculations and acted strategically to maintain his popular image. Extending from the 1920s to the regime’s collapse, this revealing history makes a powerful and original argument that will inspire a major rethinking of Hitler’s rule.
How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.
The crisis facing the United States in 1850 was a dramatic prologue to the conflict that came a decade later. The rapid opening of western lands demanded the speedy establishment of local civil administration for these vast regions. Outraged partisans, however, cried of coercion: Southerners saw a threat to the precarious sectional balance, and Northerners feared an extension of slavery. In this definitive study, Holman Hamilton analyzes the complex events of the anxious months from December, 1849, when the Senate debates began, until September, 1850, when Congress passed the measures.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
A searching examination of the moral limits of political compromise When is political compromise acceptable--and when is it fundamentally rotten, something we should never accept, come what may? What if a rotten compromise is politically necessary? Compromise is a great political virtue, especially for the sake of peace. But, as Avishai Margalit argues, there are moral limits to acceptable compromise even for peace. But just what are those limits? At what point does peace secured with compromise become unjust? Focusing attention on vitally important questions that have received surprisingly little attention, Margalit argues that we should be concerned not only with what makes a just war, but also with what kind of compromise allows for a just peace. Examining a wide range of examples, including the Munich Agreement, the Yalta Conference, and Arab-Israeli peace negotiations, Margalit provides a searching examination of the nature of political compromise in its various forms. Combining philosophy, politics, and history, and written in a vivid and accessible style, On Compromise and Rotten Compromises is full of surprising new insights about war, peace, justice, and sectarianism.
Is internationalism plausible in today's world or must global relations be characterised by tension and war? The author analyses internationalism's coercive and accomodative dimensions and considers practical problems.
This book is a critical study of the work in the area of law of three classical social theorists: Max Weber, Emile Durkheim, and Karl Marx.
Noted media pundit and author of Playing the Future Douglas Rushkoff gives a devastating critique of the influence techniques behind our culture of rampant consumerism. With a skilled analysis of how experts in the fields of marketing, advertising, retail atmospherics, and hand-selling attempt to take away our ability to make rational decisions, Rushkoff delivers a bracing account of media ecology today, consumerism in America, and why we buy what we buy, helping us recognize when we're being treated like consumers instead of human beings.
WINNER OF THE ORWELL PRIZE • NEW YORK TIMES EDITORS’ CHOICE • “Unforgettable . . . a book about Putin’s Russia that is unlike any other.”—Patrick Radden Keefe, author of Empire of Pain From a Moscow correspondent for The New Yorker, a groundbreaking portrait of modern Russia and the inner struggles of the people who sustain Vladimir Putin’s rule ONE OF THE BEST BOOKS OF THE YEAR—NPR, Kirkus Reviews In this rich and novelistic tour of contemporary Russia, Joshua Yaffa introduces readers to some of the country’s most remarkable figures—from politicians and entrepreneurs to artists and historians—who have built their careers and constructed their identities in the shadow of the Putin system. Torn between their own ambitions and the omnipresent demands of the state, each walks an individual path of compromise. Some muster cunning and cynicism to extract all manner of benefits and privileges from those in power. Others, finding themselves to be less adept, are left broken and demoralized. What binds them together is the tangled web of dilemmas and contradictions they face. Between Two Fires chronicles the lives of a number of strivers who understand that their dreams are best—or only—realized through varying degrees of cooperation with the Russian government. With sensitivity and depth, Yaffa profiles the director of the country’s main television channel, an Orthodox priest at war with the church hierarchy, a Chechen humanitarian who turns a blind eye to persecutions, and many others. The result is an intimate and probing portrait of a nation that is much discussed yet little understood. By showing how citizens shape their lives around the demands of a capricious and frequently repressive state—as often by choice as under threat of force—Yaffa offers urgent lessons about the true nature of modern authoritarianism. Praise for Between Two Fires “A deep and revealing portrait of life inside Vladimir Putin’s Russia. . . . Yaffa mines a rich vein, describing his subjects’ moral compromises and often ingenious ways of engaging a crooked bureaucracy to show how the Kremlin sustains its authoritarianism.”—The New York Times Book Review “Few journalists have penetrated so deep and with so much nuance into the moral ambiguities of Russia. If you want insight into the deeper distortions the Kremlin causes in people’s psyches this book is invaluable.”—Peter Pomerantsev, author of Nothing Is True and Everything Is Possible “A stunning chronicle of Putin’s new Russia . . . It celebrates the vitality of the Russian people even as it explores the compromises and accommodations that they must make. . . . This embrace of contradictions is what makes Between Two Fires such a poignant and poetic book.”—Alex Gibney, Air Mail