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Retaliation is associated with all forms of social and political organization, and retaliatory logics inform many different conflict resolution procedures from consensual settlement to compensation to violent escalations. This book derives a concept of retaliation from the overall notion of reciprocity, defining retaliation as the human disposition to strive for a reactive balancing of conflicts and injustices. On Retaliation presents a synthesized approach to both the violence-generating and violence-avoiding potentials of retaliation. Contributors to this volume touch upon the interaction between retaliation and violence, the state’s monopoly on legitimate punishment and the factors of socio-political frameworks, religious interpretations and economic processes.
During the Civil War, Union and Confederate politicians, military commanders, everyday soldiers, and civilians claimed their approach to the conflict was civilized, in keeping with centuries of military tradition meant to restrain violence and preserve national honor. One hallmark of civilized warfare was a highly ritualized approach to retaliation. This ritual provided a forum to accuse the enemy of excessive behavior, to negotiate redress according to the laws of war, and to appeal to the judgment of other civilized nations. As the war progressed, Northerners and Southerners feared they were losing their essential identity as civilized, and the attention to retaliation grew more intense. When Black soldiers joined the Union army in campaigns in South Carolina, Georgia, and Florida, raiding plantations and liberating enslaved people, Confederates argued the war had become a servile insurrection. And when Confederates massacred Black troops after battle, killed white Union foragers after capture, and used prisoners of war as human shields, Federals thought their enemy raised the black flag and embraced savagery. Blending military and cultural history, Lorien Foote's rich and insightful book sheds light on how Americans fought over what it meant to be civilized and who should be extended the protections of a civilized world.
Harassment claims based on sex, not just sexual conduct or language, continue to increase. At the same time, these cases are becoming more complex and difficult to litigate. With the in-depth contributions of seasoned employment law practitioners from across the country, this important book provides a best practices guide for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers. Focusing on gender harassment and retaliation under Title VII of the Civil Rights Act, the book begins by providing a platform for which the practitioner can assess and handle gender harassment and retaliation case. The book supplies guidance for performing a thorough analysis of the elements which must be proven and should be considered throughout the litigation of a claim, including planning and defending depositions.
From the child taunted by her playmates to the office worker who feels stifled in his daily routine, people frequently take out their pain and anger on others, even those who had nothing to do with the original stress. The bullied child may kick her puppy, the stifled worker yells at his children: Payback can be directed anywhere, sometimes at inanimate things, animals, or other people. In Payback, the husband-and wife team of evolutionary biologist David Barash and psychiatrist Judith Lipton offer an illuminating look at this phenomenon, showing how it has evolved, why it occurs, and what we can do about it. Retaliation and revenge are well known to most people. We all know what it is like to want to get even, get justice, or take revenge. What is new in this book is an extended discussion of redirected aggression, which occurs not only in people but other species as well. The authors reveal that it's not just a matter of yelling at your spouse "because" your boss yells at you. Indeed, the phenomenon of redirected aggression--so-called to differentiate it from retaliation and revenge, the other main forms of payback--haunts our criminal courts, our streets, our battlefields, our homes, and our hearts. It lurks behind some of the nastiest and seemingly inexplicable things that otherwise decent people do, from road rage to yelling at a crying baby. And it exists across boundaries of every kind--culture, time, geography, and even species. Indeed, it's not just a human phenomenon. Passing pain to others can be seen in birds and horses, fish and primates--in virtually all vertebrates. It turns out that there is robust neurobiological hardware and software promoting redirected aggression, as well as evolutionary underpinnings. Payback may be natural, the authors conclude, but we are capable of rising above it, without sacrificing self-esteem and social status. They show how the various human responses to pain and suffering can be managed--mindfully, carefully, and humanely.
As a young, black, MIT-educated social scientist, Marsha Coleman-Adebayo landed her dream job at the EPA, working with Al Gore, assisting post-apartheid South Africa. But when she tried to get the government to investigate allegations that a multinational corporation was responsible for the deaths of hundreds of South Africans mining vanadium—a vital strategic mineral--she found that the EPA was the first line of defense for the corporation. When the agency stonewalled, Coleman-Adebayo blew the whistle. How could she know that the agency with a hippie-like logo would use every racist and sexist trick in their playbook in retaliation? The EPA cost her her career, endangered her family, and sacrificed more lives in the vanadium mines of South Africa—but also brought about an upwelling of support from others in the federal bureaucracy who were fed up with its crushing repression. Upon prevailing in court, Coleman-Adebayo organized a grassroots struggle to bring protection to all federal employees facing discrimination and retribution from the government. The No FEAR Coalition that she organized waged a two-year-long battle with Congress over the need to protect whistleblowers—and won. This book is her harrowing story.
The violent retaliation between sides in the American Civil War was perhaps most apparent in the taking of prisoners. Often, these retaliatory measures were enacted against the innocent-prisoners who were unfortunate enough to be in wrong place at the wrong time. Each chapter of this book undertakes to describe a specific event of retaliatory action. Lonnie Speer takes no sides as he points an accusing finger at both the Union and the Confederacy for their equal parts in treating the prisoners poorly. He explores this little-known wartime violence, focusing on the most notorious and well-documented cases of the practice.
We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.
Revenge: Narcissistic Injury, Rage, and Retaliation addresses the ubiquitous human wish to take revenge and settle scores. Featuring the contributions of eleven distinguished mental health professionals, it offers a panoramic and yet deep perspective on the real or imagined narcissistic injury that often underlies fantasies of revenge and the behavioral trait of vindictiveness. It describes various types of revenge and introduces the concept of a ‘good-enough revenge.’ Deftly blending psychoanalysis, ethology, religious studies, literary criticism, and clinical experience, the book goes a long way to enhance empathy with patients struggling with hurt, pain, and desires to get even with their tormentors. This volume is of great clinical value indeed!
Drawing on EU VAT implementing regulations, ECJ case law, and national case law, this ground-breaking book provides the first in-depth, coherent legal analysis of how the massively changed circumstances of the last two decades affect the EU VAT Directive, in particular the interpretation of its four specified types of establishment: place of establishment, fixed establishment, permanent address, and usual residence. Recognising that a consistent interpretation of types of establishment is of the utmost importance in ensuring avoidance of double or non-taxation, the author sheds clear light on such VAT issues as the following: ; the concept of fair distribution of taxing powers in VAT; role of the neutrality principle; legal certainty in VAT; place of business for a legal entity or partnership, for a natural person, for a VAT group; beginning and ending of a fixed establishment; the ‘purchase’ fixed establishment; meaning of ‘permanent address’ and ‘usual residence’; the position of the VAT entrepreneur with more than one fixed establishment across jurisdictions; whether supplies exchanged between establishments are taxable; administrative simplicity and efficiency; VAT audits and the prevention of fraud; the intervention rule and the reverse charge mechanism; right to deduct VAT for businesses with multiple establishments; and cross-border VAT grouping and fixed establishment. Thoroughly explained are exceptions that take precedence over the general rules, such as provisions regarding: immovable property; transport services; services relating to cultural, artistic, sporting, scientific, educational, entertainment, or similar activities; restaurant and catering services; electronically supplied services; transfers and assignments of intellectual property rights; advertising services; certain consulting services; banking, financial and insurance transactions; natural gas and electricity distribution; telecommunication services; and broadcasting services. As the first truly authoritative resource on a topic of increasing importance in international tax – a key topic for businesses, tax authorities, tax advisors, and government regulators – this book will be warmly welcomed by all professionals working with taxation in legal practice, business, academe, and government.
A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.