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Semblances of Sovereignty: The Constitution, the State, and American Citizenship
by T. Alexander AleinikoffIn a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination.Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes.Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
Semiotics, Law & Art: Between Theory of Justice and Theory of Law (Law and Visual Jurisprudence #2)
by Eduardo C.B. BittarThis book presents an interdisciplinary study of the relation between semiotics, law & art. Focusing on Greimasian semiotics, it examines specific works of art (from Giotto to Banksy) that deal with the theme of justice, promoting a more sensitive and humanized perception of the values that surround law. The book offers readers a comprehensive review of the semiotics of law, critically examining the relation between law & art. It covers a variety of topics, including semiotics, law and art; semiotics, art and experience; and society, law and art, as well as semiotics, law and painting; semiotics, law and architecture; semiotics, law and theatre; semiotics, law and literature; and semiotics, law and culture. In doing so, it uses the semiotics of painting to explain the symbology of justice and its significance in history; the semiotics of architecture to explain the setting of justice; the semiotics of theatre to explain the logic of the legal process; and the semiotics of literature to explain the narrative logic of legal decisions. Lastly, drawing on the semiotics of culture, it discusses ways of promoting justice, citizenship and human rights. Written from both philosophical and semiotical perspectives, the book enhances the centrality of visual jurisprudence studies to promote a better understanding of the role of law.
Semiotics of International Law
by Evandro Menezes de CarvalhoLanguage carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, - who belong to different legal cultures and who, on many occasions, speak different mother tongues - ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO's Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.
The Semiotics of Law in Legal Education
by Jan M. Broekman Francis J. Mootz IIIThis book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 - 2011 at Penn State University's Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as "sign", "symbol" or "legal language," demonstrate how a lawyer's professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can "say the law," or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.
The Senator's Daughter
by Christine CarrollSophisticated Sylvia Chatsworth and up-and-coming attorney Lyle Thomas seem like the perfect couple. The future looks rosy until the romantic Victorian inn where they're staying is set on fire and questions abound. Does it have something to do with the real estate investigation Lyle's working on? Is Sylvia's U. S. Senator father involved in something shady? They need to know in a hurry#151;before whoever wants them dead succeeds.
Sending Law to the Countryside
by Suli ZhuBased on empirical investigation and an interdisciplinary approach, this book offers a crucial theoretical work on China's basic-level judicial system and a masterpiece by Professor Suli Zhu, a prominent jurist on modern China. Its primary goal is to identify issues - ones that can only be effectively sensed and raised by China's jurists because of their unique circumstances and cultural background - that are of practical significance in China's basic-level judicial system, and of theoretical significance to juristic systems in general. Divided into four parts, the book begins with a discussion of the systematic and theoretical problems in China's basic-level judicial system at the macro-, meso- and micro- scale. In the second part, it examines the technology and knowledge to be found in the basic-level judicial system, so as to make the traditionally "invisible" technology and knowledge of trial judges available for general theoretical analyses. The third part focuses on the judge and other legal personnel in the judicial system, while the last part discusses the value of legal sociology surveys as powerful resources. This book not only presents essential features of China's judicial system by precisely describing key issues in its basic-level judicial system, but also offers well-founded content that accentuates the significance of social management innovation.
Seneca: Moral and Political Essays
by John M. Cooper J. F. Procopé Lucius Annaeus SenecaThis volume offers new translations of the most important of Seneca's "Moral Essays": On Anger, On Mercy, On the Private Life, and the first four books of On Favours. They give a full picture of the social and moral outlook of an ancient Stoic thinker. A General Introduction describes Seneca's life and career and explains the fundamental ideas underlying the Stoic moral, social and political philosophy in the essays. Individual introductions, footnotes and biographical notes explain their historical and philosophical contexts.
Senicide and Old Age Killing: An Overdue Discourse (essentials)
by Raimund PoussetRaimund Pousset gives in this essential a concise account of senicide, the modern form of cultural killing of the elderly. He sheds light on both the history and the current situation of an ancient method. Practiced for millennia almost everywhere in the world, this custom of actively disposing of old 'useless' people or passively putting oneself to death is increasingly being revived today. Senicide is a nameless and silent scandal in our modern, enlightened society. The author wishes to bring this silent death into the focus of a mindful professional public, for the segregation of old age and the avalanche of costs in health care suggest that senicide will continue to grow in sad significance
Senizid und Altentötung: Ein überfälliger Diskurs (essentials)
by Raimund PoussetRaimund Pousset gibt in diesem essential eine knappe Darstellung des Senizids, die moderne Form der kulturellen Altentötung. Er beleuchtet sowohl die Geschichte als auch die aktuelle Situation einer uralten Methode. Diese seit Jahrtausenden fast überall auf der Welt praktizierte Sitte, alte ‚nutzlose‘ Menschen aktiv zu beseitigen oder sich passiv selbst zu Tode zu befördern, wird heute zunehmend wiederbelebt. Der Senizid ist in unserer modernen, aufgeklärten Gesellschaft ein namenloser und stiller Skandal. Der Autor möchte diesen stillen Tod in den Fokus einer achtsamen Fachöffentlichkeit stellen, denn die Segregation des Alters und die Kostenlawine im Gesundheitswesen lassen vermuten, dass der Senizid weiter an trauriger Bedeutung gewinnen wird.
Sense and Nonsense About Crime, Drugs, and Communities
by Samuel WalkerSamuel Walker's SENSE AND NONSENSE ABOUT CRIME, DRUGS, AND COMMUNITIES was one of the first books to challenge common misconceptions about crime, and the new Eighth Edition remains uniquely effective at doing so. Described as a masterful critique of American policies on everything from crime control, to guns, to drugs, this incisive text cuts through popular myths and political rhetoric to confront both conservative and liberal propositions in the context of current research and proven practice. The result is a lucid, research-based work that stimulates critical thinking and enlivens class discussions. This engaging text captures the full complexity of the administration of justice while providing students with a clear sense of its key principles and general patterns.
The Sense of Justice: Empathy in Law and Punishment (Critical America #71)
by Markus Dirk DubberIn The Sense of Justice, distinguished legal author Markus Dirk Dubber undertakes a critical analysis of the “sense of justice”: an overused, yet curiously understudied, concept in modern legal and political discourse. Courts cite it, scholars measure it, presidential candidates prize it, eulogists praise it, criminals lack it, and commentators bemoan its loss in times of war. But what is it? Often, the sense of justice is dismissed as little more than an emotional impulse that is out of place in a criminal justice system based on abstract legal and political norms equally applied to all.Dubber argues against simple categorization of the sense of justice. Drawing on recent work in moral philosophy, political theory, and linguistics, Dubber defines the sense of justice in terms of empathy—the emotional capacity that makes law possible by giving us vicarious access to the experiences of others. From there, he explores the way it is invoked, considered, and used in the American criminal justice system. He argues that this sense is more than an irrational emotional impulse but a valuable legal tool that should be properly used and understood.
A Sense of Something Greater: Zen and the Search for Balance in Silicon Valley
by Les Kaye Teresa Bouza Natalie GoldbergWelcome to Silicon Valley’s search for fulfillment and purpose beyond devices, money, and power. With worker stress at an all-time high, particularly in the fast-paced technology industry, it’s no surprise that Google, Salesforce, and Apple have adopted mindfulness and meditation into their workplace culture. Studies show mindfulness practice increases emotional intelligence, reduces stress, and enhances health and overall well-being. A Sense of Something Greater goes deeper than the current mindfulness trend, into the heart of Zen practice. For Les Kaye, Zen is more than awareness––it’s also “the continued determination to be authentic in relationships, to create meaningful, intimate, intentional bonds with people, things, and the environment.” Kaye’s teachings are paired with interviews with current tech employees and Zen practitioners, conducted by journalist Teresa Bouza. A Sense of Something Greater is an essential book for business leaders, mindfulness meditators, and Zen practitioners alike.
Senses of the Subject
by Judith ButlerThis book brings together a group of Judith Butler’s philosophical essays written over two decades that elaborate her reflections on the roles of the passions in subject formation through an engagement with Hegel, Kierkegaard, Descartes, Spinoza, Malebranche, Merleau-Ponty, Freud, Irigaray, and Fanon. Drawing on her early work on Hegelian desire and her subsequent reflections on the psychic life of power and the possibility of self-narration, this book considers how passions such as desire, rage, love, and grief are bound up with becoming a subject within specific historical fields of power.Butler shows in different philosophical contexts how the self that seeks to make itself finds itself already affected and formed against its will by social and discursive powers. And yet, agency and action are not necessarily nullified by this primary impingement. Primary sense impressions register this dual situation of being acted on and acting, countering the idea that acting requires one to overcome the situation of being affected by others and the linguistic and social world. This dual structure of sense sheds light on the desire to live, the practice and peril of grieving, embodied resistance, love, and modes of enthrallment and dispossession. Working with theories of embodiment, desire, and relationality in conversation with philosophers as diverse as Hegel, Spinoza, Descartes, Merleau-Ponty, Freud, and Fanon, Butler reanimates and revises her basic propositions concerning the constitution and deconstitution of the subject within fields of power, taking up key issues of gender, sexuality, and race in several analyses. Taken together, these essays track the development of Butler’s embodied account of ethical relations.
Sensing Law (Social Justice)
by Sheryl N. Hamilton, Diana Majury, Dawn Moore, Neil Sargent and Christiane WilkeA rich collection of interdisciplinary essays, this book explores the question: what is to be found at the intersection of the sensorium and law’s empire? Examining the problem of how legal rationalities try to grasp what can only be sensed through the body, these essays problematize the Cartesian framework that has long separated the mind from the body, reason from feeling and the human from the animal. In doing so, they consider how the sensorium can operate, variously, as a tool of power or as a means of countering the exercise of regulatory force. The senses, it is argued, operate as a vector for the implication of subjects in legal webs, but also as a powerful site of resistance to legal definition and determination. From the sensorium of animals to technologically mediated perception, the ways in which the law senses and the ways in which senses are brought before the law invite a questioning of the categories of liberal humanism. And, as this volume demonstrates, this questioning opens up the both interesting and important possibility of imagining other sensual subjectivities.
Sensing the Nation's Law: Historical Inquiries Into The Aesthetics Of Democratic Legitimacy (Studies In The History Of Law And Justice #13)
by Mark Antaki Sarah Marusek Angela Condello Stefan HuygebaertThis book examines how the nation – and its (fundamental) law – are ‘sensed’ by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are “imagined” this book suggests that their “rightfulness” must be “sensed” – analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy.
Sensitive Security Information, Certified® (SSI) Body of Knowledge
by 0 American Board for Certification in Homeland Security"Sensitive security information (SSI) is a category of sensitive but unclassified information under the United States government's information sharing and control rules. SSI plays a crucial role in all types of security. It is information obtained in the conduct of security activities which, if publicly disclosed, would constitute an unwarranted in
Sensory Templates and Manager Cognition: Art, Cognitive Science And Spiritual Practices In Management Education (Palgrave Studies In Business, Arts And Humanities Ser.)
by Claus SpringborgThis book explores the role of art and spiritual practices in management education. It takes recent developments in cognitive science relating to the metaphorical and embodied nature of cognition as its starting point. Introducing the concept of ‘sensory templates’, Springborg demonstrates how managers unconsciously understand organizational situations and actions as analogous to concrete sensorimotor experiences, such as pushing, pulling, balancing, lifting, moving with friction, connecting and moving various substances. Real-life management and leadership case studies illustrate how changing the sensory templates one uses to understand a particular situation can increase managerial efficiency and bring simple solutions to problems that have troubled managers for years. Sensory Templates and Manager Cognition will be of interest to scholars and students of managerial cognition, leadership and neuroscience, as well as practising managers and management educators.
Sent by Earth: A Message from the Grandmother Spirit
by Alice WalkerNow more timely than ever, Alice Walker's Sent By Earth reflects on the tragedy of September 11, 2001, and addresses the anger many Americans felt at the presumed perpetrator of the attack: Osama bin Laden. In powerfully reflective, nuanced, and above all heartfelt prose, Walker explores the seeds of hatred and resentment around the globe, and advances a surprisingly controversial theory: that hatred can never be defeated by hatred, but only by love.
Sentenced to Science: One Black Man's Story of Imprisonment in America (G - Reference, Information and Interdisciplinary Subjects)
by Allen M. Hornblum Harriet WashingtonFrom 1951 until 1974, Holmesburg Prison in Philadelphia was the site of thousands of experiments on prisoners conducted by researchers under the direction of University of Pennsylvania dermatologist Albert M. Kligman. While most of the experiments were testing cosmetics, detergents, and deodorants, the trials also included scores of Phase I drug trials, inoculations of radioactive isotopes, and applications of dioxin in addition to mind-control experiments for the Army and CIA. These experiments often left the subject-prisoners, mostly African Americans, in excruciating pain and had long-term debilitating effects on their health. This is one among many episodes of the sordid history of medical experimentation on the black population of the United States.The story of the Holmesburg trials was documented by Allen Hornblum in his 1998 book Acres of Skin. The more general history of African Americans as human guinea pigs has most recently been told by Harriet Washington in her 2007 book Medical Apartheid. The subject is currently a topic of heated public debate in the wake of a 2006 report from an influential panel of medical experts recommending that the federal government loosen the regulations in place since the 1970s that have limited the testing of pharmaceuticals on prison inmates.Sentenced to Science retells the story of the Holmesburg experiments more dramatically through the eyes of one black man, Edward “Butch” Anthony, who suffered greatly from the experiments for which he “volunteered” during multiple terms at the prison. This is not only one black man’s highly personal account of what it was like to be an imprisoned test subject, but also a sobering reminder that there were many African Americans caught in the viselike grip of a scientific research community willing to bend any code of ethics in order to accomplish its goals and a criminal justice system that sold prisoners to the highest bidder.
Sentencing: New Trajectories in Law (New Trajectories in Law)
by Elaine A. FreerThis book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.
Sentencing: Time for a Paradigm Shift (Key Ideas in Criminology)
by Ralph HenhamSentencing is the process through which the legitimacy of punishment is declared and justified. However, it is increasingly portrayed as a social activity which should be more responsive to the pluralistic needs and values of individuals and communities in contemporary society. It will therefore have to adapt to an array of different perceptions of what justice is and how it should be delivered, as well as different sensitivities and emotional responses to sentencing processes and outcomes. At a time when fundamental questions are being asked about the relevance of existing forms of punishment in contemporary society, Sentencing argues for a profound normative understanding of the relationship between sentencing and its perception by citizens – vital if we are to fully comprehend the nature and significance of punishment, and the particular challenges it faces as a force for social cohesion. Henham explores this theme by focusing on key areas of debate within the field: the treatment of gender and race in sentencing the future role of sentencing in criminal justice governance the development of new criteria for evaluating sentencing within a more socially-inclusive framework. Henham suggests that a greater focus on the relationship between penal ideology and the impact of sentencing in the wider community is essential for effective future policy-making in this area. Sentencing will be useful for both undergraduate and postgraduate students of law, criminology, criminal justice and sociology, as well as for academics and criminal justice policymakers.
Sentencing: Re-thinking Research and Policy (Palgrave Socio-Legal Studies)
by Cyrus TataThis book asks how we should make sense of sentencing when, despite huge efforts world-wide to analyse, critique and reform it, it remains an enigma.Sentencing: A Social Process reveals how both research and policy-thinking about sentencing are confined by a paradigm that presumes autonomous individualism, projecting an artificial image of sentencing practices and policy potential. By conceiving of sentencing instead as a social process, the book advances new policy and research agendas. Sentencing: A Social Process proposes innovative solutions to classic conundrums, including: rules versus discretion; aggravating versus mitigating factors; individualisation versus consistency; punishment versus rehabilitation; efficient technologies versus the quality of justice; and ways of reducing imprisonment.
Sentencing and Criminal Justice
by Andrew AshworthAndrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice.
Sentencing and Society: International Perspectives
by Cyrus Tata Neil HuttonCombining the latest work of leading sentencing and punishment scholars from twelve different countries, this major new international volume answers key questions in the study of sentencing and society. It presents not only a rigorous examination of the latest legal and empirical research from around the world, but also reveals the workings of sentencing within society and as a social practice. Traditionally, work in the field of sentencing has been dominated by legal and philosophical approaches. Distinctively, this volume provides a more sociological approach to sentencing: so allowing previously unanswered questions to be addressed and new questions to be opened. This extensive collection is drawn from around one third of the papers presented at the First International Conference on Sentencing and Society. Almost without exception, the chapters have been revised, cross-referenced and updated. The overall themes and findings of the international volume are set out by the opening "Introduction" and the closing "Reflections" chapters. Research findings on particular penal policy questions are balanced with an analysis of fundamental conceptual issues, making this international volume essential reading for: sentencing and punishment scholars, criminal justice policy-makers, and graduate students.
Sentencing as a Human Process
by John HogarthSentencing is not a neutral or mechanical act; it is a human process, highly charged affectively and motivationally. Sentencing decisions take place in a social environment of laws, facts, ideas, and people. This study of sentencing behaviour is primarily concerned with the mental processes involved in decision-making. It is based on intensive interviews and on measures of the information-processing ability of seventy-one full-time judges in Ontario. The work covers such topics as: problems of sentencing (particularly existing disparities); social and economic background of judges and their varying penal philosophies; the nature and measurement of judicial attitudes toward crime; punishment and related issues; prediction of sentencing behaviour based on attitude scales (which the author has constructed) and also on 'fact patterns perceived by judges'; and the impact of social and legal constraints on the sentencing process. The study concludes that there exists a very high correlation between a judges definition of situation and the sentence which he imposes and that while sentences meted out for a particular law violation under similar circumstances may differ among judges, judges are 'highly consistent within themselves.' Using these conclusions the author constructs a model of judicial behaviour and shows how this model can be used to predict and to explain sentencing and breaks new ground in the use of the social and behavioural sciences as sources of data to explain the sentencing process.