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Introduction -- John T. PARRY: Pain, Interrogation, and the Body: State Violence and the Law of Torture -- Fernando PURCELL: "Too Many Foreigners for My Taste": Law, Race and Ethnicity in California, 1848-1852 -- Shani D'CRUZE: Protection, Harm and Social Evil: The Age of Consent, c. 1885-c. 1940 -- Ruth A. MILLER: Sin, Scandal, and Disaster: Politics and Crime in Contemporary Turkey -- İştar GÖZAYD1N: Adding Injury To Injury: The Case of Rape and Prostitution in Turkey -- Dani FILC and Hadas ZIV: Exception as the Norm and the Fiction of Sovereignty: The Lack of the Right to Health Care in the Occupied Territories -- Alban BURKE: Mental Health Care During Apartheid in South Africa: An Illustration of How "Science" Can be Abused -- Rui ZHU: Schistosomiasis and Capital Marxism -- Elena A. BAYLIS: The Inevitable Impunity of Suicide Terrorists -- Douglas J. SYLVESTER: The Lessons of Nuremberg and the Trial of Saddam Hussein -- Kirsten AINLEY: Responsibility for Atrocity: Individual Criminal Agency and the International Criminal Court -- Roberto BUONAMANO: Humanity and Inhumanity: State Power and the Force of Law in the Prescription of Juridical Norms -- Vincent LUIZZI: New Balance, Evil, and the Scales of Justice -- Jody LYNEÉ MADEIRA: The Execution as Sacrifice -- Bram IEVEN: Legitimacy and Violence: On the Relation between Law and Justice According to Rawls and Derrida -- Notes on Contributors.
State Power and the Legal Regulation of Evil engages with the responses of lawmakers and state officials to acts of evil as performed in different locations. The essays in this volume offer a range of perspectives on the relationship between law, state and evil calling on us to reflect upon the role of law and state in the commission of evil deeds.
In A Necessary Evil, Pulitzer Prize-winning author Garry Wills shows that distrust of government is embedded deep in the American psyche. From the revolt of the colonies against king and parliament to present-day tax revolts, militia movements, and debates about term limits, Wills shows that American antigovernment sentiment is based on a fundamental misunderstanding of our history. By debunking some of our fondest myths about the Founding Fathers, the Constitution, and the taming of the frontier, Wills shows us how our tendency to hold our elected government in disdain is misguided.
One of the most powerful words in the English language, corruption is also one of the most troubled concepts in law. According to Laura Underkuffler, it is a concept based on religiously revealed ideas of good and evil. But the notion of corruption defies the ordinary categories by which law defines crimes -- categories that punish acts, not character, and that eschew punishment on the basis of religion and emotion. Drawing on contemporary examples, including former assembly woman Diane Gordon and former governor Rod Blagojevich, this book explores the implications and dangers of maintaining such an archaic concept at the heart of criminal law.
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Reverend Lawrence L. Blankenship has created a new book offering a fresh look at one of the most imnportant, and controversial works for men and women to study. The Laws of God and The Laws of The State Vol. 2. NOTE: If We Obey The Laws of God, Well Not Dis-obey The Laws of The State. The Laws of God and The Laws of The State Vol. 2., is a Christian work that attempts to reconcile con-temporary secular law with ancient laws of the Bible. This volume is divided into two sections: one outlines the statutes of Gods laws, and Scriptural laws, and the other studies The Laws of The State. Within the first section you learn the basis of biblical laws. In the second section you learn how these laws may be applied to contemporary law. This volume also includes the Civil and Criminal laws of Gods and Statutes of the State, for easy reference. The Laws of God and The Laws of The State Vol. 2., seeks to provide an informed perspective on the biblical references to legal matters. This approach may be appropriate for students of the Bible or students of jurisprudence. The author hopes the public will obtain an understanding of the entire process, while developing skills neccessary to understand both laws.
This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
The modern age with its emphasis on technical rationality has enabled a new and dangerous form of evil--administrative evil. Unmasking Administrative Evil discusses the overlooked relationship between evil and public affairs, as well as other fields and professions in public life. The authors argue that the tendency toward administrative evil, as manifested in acts of dehumanization and genocide, is deeply woven into the identity of public affairs. The common characteristic of administrative evil is that ordinary people within their normal professional and administrative roles can engage in acts of evil without being aware that they are doing anything wrong. Under conditions of moral inversion, people may even view their evil activity as good. In the face of what is now a clear and present danger in the United States, this book seeks to lay the groundwork for a more ethical and democratic public life; one that recognizes its potential for evil, and thereby creates greater possibilities for avoiding the hidden pathways that lead to state-sponsored dehumanization and destruction. What's new in the Fourth Edition of Unmasking Administrative Evil: UAE is updated and revised with new scholarship on administrative ethics, evil, and contemporary politics. The authors include new cases on the dangers of market-based governance, contracting out, and deregulation. There is an enhanced focus on the potential for administrative evil in the private sector. The authors have written a new Afterword on administrative approaches to the aftermath of evil, with the potential for expiation, healing, and reparations.
Must we fight terrorism with terror, match assassination with assassination, and torture with torture? Must we sacrifice civil liberty to protect public safety? In the age of terrorism, the temptations of ruthlessness can be overwhelming. But we are pulled in the other direction too by the anxiety that a violent response to violence makes us morally indistinguishable from our enemies. There is perhaps no greater political challenge today than trying to win the war against terror without losing our democratic souls. Michael Ignatieff confronts this challenge head-on, with the combination of hard-headed idealism, historical sensitivity, and political judgment that has made him one of the most influential voices in international affairs today. Ignatieff argues that we must not shrink from the use of violence--that far from undermining liberal democracy, force can be necessary for its survival. But its use must be measured, not a program of torture and revenge. And we must not fool ourselves that whatever we do in the name of freedom and democracy is good. We may need to kill to fight the greater evil of terrorism, but we must never pretend that doing so is anything better than a lesser evil. In making this case, Ignatieff traces the modern history of terrorism and counter-terrorism, from the nihilists of Czarist Russia and the militias of Weimar Germany to the IRA and the unprecedented menace of Al Qaeda, with its suicidal agents bent on mass destruction. He shows how the most potent response to terror has been force, decisive and direct, but--just as important--restrained. The public scrutiny and political ethics that motivate restraint also give democracy its strongest weapon: the moral power to endure when the furies of vengeance and hatred are spent. The book is based on the Gifford Lectures delivered at the University of Edinburgh in 2003.