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Fictional stories set in Burma, intended to illustrate issues of law and ethics, with commentary.
The Habits of Legality provides a broad survey of American criminal justice in a time of troubles. It asks the central questions: In what degree are the justice system's functions guided by ascertainable legal norms? How accountable are public officials who wield the rigorous sanctions of the penal law? Where the habits of legality are weak, how can they be invigorated? A number of factors combine to constrict the rule of law in the criminal process. A crime epidemic of alarming proportions places enormous burdens on the system and gives rise to a "war on crime" that often oversteps the limits of legality. The institutional structure of the United States is severely fragmented, rendering coherent penal policy difficult or impossible and often freeing public officials of accountability for their uses of public authority. Even the courts and legislatures, the primary law-making agencies of society, often operate to weaken rather than strengthen the rule of law. Francis A. Allen asserts the vital and continuing importance of the legality principle to democratic societies, discusses how the habits of legality in American criminal justice can be strengthened, and demonstrates that a closer adherence to the rule of law may not only protect the rights of persons more efficiently, but also contribute to more rational and effective penal policy. The Habits of Legality offers solutions on how to revitalize the rule of law. It will be of interest to scholars and students of criminology and law, as well as the general reader concerned with issues of criminal justice.
This volume collects, for the first time, a selection of criminal law scholar George Fletcher's most famous previously published shorter works as well as some that are less known but equally important. Each of the twelve essays by Fletcher is paired with one or more new critical commentaries on that essay. These critical commentaries trace the impact of the respective essay in the development of the criminal law and assess its future significance.
This bibliography lists the most important works published in sociology in 1993. Renowned for its international coverage and rigorous selection procedures, the IBSS provides researchers and librarians with the most comprehensive and scholarly bibliographic service available in the social sciences. The IBSS is compiled by the British Library of Political and Economic Science at the London School of Economics, one of the world's leading social science institutions. Published annually, the IBSS is available in four subject areas: anthropology, economics, political science and sociology.
In 1840, Alexander Maconochie, a privileged retired naval captain, became at his own request superintendent of two thousand twice-convicted prisoners on Norfolk Island, a thousand miles off the coast of Australia. In four years, Maconochie transformed what was one of the most brutal convict settlements in history into a controlled, stable, and productive environment that achieved such success that upon release his prisoners came to be called "Maconochie's Gentlemen". Here Norval Morris, one of our most renowned criminologists, offers a highly inventive and engaging account of this early pioneer in penal reform, enhancing Maconochie's life story with a trenchant policy twist. Maconochie's life and efforts on Norfolk Island, Morris shows, provide a model with profound relevance to the running of correctional institutions today. Using a unique combination of fictionalized history and critical commentary, Morris gives this work a powerful policy impact lacking in most standard academic accounts. In an era of "mass incarceration" that rivals that of the settlement of Australia, Morris injects the question of humane treatment back into the debate over prison reform. Maconochie and his "Marks system" played an influential role in the development of prisons; but for the last thirty years prison reform has been dominated by punitive and retributive sentiments, the conventional wisdom holding that we need 'supermax' prisons to control the 'worst of the worst' in solitary and harsh conditions. Norval Morris argues to the contrary, holding up the example of Alexander Maconochie as a clear-cut alternative to the "living hell" of prison systems today.
This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others--the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others
What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.
A collection of essays by major figures in punishment theory, law, and philosophy that reconsiders the popularity and prospects of retributivism, the notion that punishment is morally justified because people have behaved wrongly.
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