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Author: Angela J. Davis Publisher: Oxford University Press ISBN: 0199884277 Category : Law Languages : en Pages : 264
Book Description
What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.
Author: Angela J. Davis Publisher: Oxford University Press ISBN: 0199884277 Category : Law Languages : en Pages : 264
Book Description
What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.
Author: Marc Ribeiro Publisher: UBC Press ISBN: 9780774810517 Category : Law Languages : en Pages : 220
Book Description
Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In this, the first book published on the subject, Marc Ribeiro offers a balanced analysis of this doctrine and its application in the context of the Canadian constitution. Taking as its starting point a cogent analysis of the fundamental concepts of "legality" and the "rule of law," Limiting Arbitrary Power undertakes a specific study of the contents of the vagueness doctrine. Dr. Ribeiro presents an in-depth exploration of the courts' current approach, and suggests how it may be refined in the future. In that regard, he proposes techniques for legislative drafting in which certainty could be enhanced without compromising the flexibility required in law. Acknowledging that to date, the doctrine has yet to be granted an autonomous status for invalidating legislation, he also examines in detail the possible situations in which vagueness may become applicable under the Charter. An important addition to Canadian law libraries, Limiting Arbitrary Power will be eagerly received by legal professionals, legislators, and scholars of constitutional law and legal theory.
Author: Mary Nyquist Publisher: University of Chicago Press ISBN: 022601553X Category : Philosophy Languages : en Pages : 436
Book Description
Slavery appears as a figurative construct during the English revolution of the mid-seventeenth century, and again in the American and French revolutions, when radicals represent their treatment as a form of political slavery. What, if anything, does figurative, political slavery have to do with transatlantic slavery? In Arbitrary Rule, Mary Nyquist explores connections between political and chattel slavery by excavating the tradition of Western political thought that justifies actively opposing tyranny. She argues that as powerful rhetorical and conceptual constructs, Greco-Roman political liberty and slavery reemerge at the time of early modern Eurocolonial expansion; they help to create racialized “free” national identities and their “unfree” counterparts in non-European nations represented as inhabiting an earlier, privative age. Arbitrary Rule is the first book to tackle political slavery’s discursive complexity, engaging Eurocolonialism, political philosophy, and literary studies, areas of study too often kept apart. Nyquist proceeds through analyses not only of texts that are canonical in political thought—by Aristotle, Cicero, Hobbes, and Locke—but also of literary works by Euripides, Buchanan, Vondel, Montaigne, and Milton, together with a variety of colonialist and political writings, with special emphasis on tracts written during the English revolution. She illustrates how “antityranny discourse,” which originated in democratic Athens, was adopted by republican Rome, and revived in early modern Western Europe, provided members of a “free” community with a means of protesting a threatened reduction of privileges or of consolidating a collective, political identity. Its semantic complexity, however, also enabled it to legitimize racialized enslavement and imperial expansion. Throughout, Nyquist demonstrates how principles relating to political slavery and tyranny are bound up with a Roman jurisprudential doctrine that sanctions the power of life and death held by the slaveholder over slaves and, by extension, the state, its representatives, or its laws over its citizenry.
Author: William Keach Publisher: Princeton University Press ISBN: 0691168008 Category : Literary Criticism Languages : en Pages : 207
Book Description
This book explores previously unexamined links between the arbitrary as articulated in linguistic theories on the one hand, and in political discourse about power on the other. In particular, Willam Keach shows how Enlightenment conceptions of the arbitrary were contested and extended in British Romantic writing. In doing so, he offers a new paradigm for understanding the recurrent problem of verbal representation in Romantic writing and the disputes over stylistic performance during this period. With clarity and force, Keach reads these phenomena in relation to a rapidly shifting literary marketplace and to the social pressures in Britain generated by the French Revolution, the Napoleonic Wars, and the class antagonisms that culminated in the Peterloo Massacre. The question of what it means to think of language or politics as arbitrary persists through postmodern thinking, and this book advances an unfinished dialogue between Romantic culture and the critical techniques we currently use to analyze it. Keach's intertwined linguistic and political account of arbitrary power culminates in a detailed textual analysis of the language of revolutionary violence. Including substantial sections on Blake, Wollstonecraft, Wordsworth, Coleridge, Byron, P. B. Shelley, Keats, and Anna Jameson, Arbitrary Power will engage not only students and scholars of eighteenth- and nineteenth-century literature but also those interested in critical and linguistic theory and in social and political history.
Author: John A. Andrew Publisher: Ivan R. Dee Publisher ISBN: 9781566634526 Category : Business & Economics Languages : en Pages : 400
Book Description
Andrew confirms in this groundbreaking exploration what many have suspected for a long time: that presidents, political appointees, and bureaucrats have attempted to use the Internal Revenue Service to punish their enemies.
Author: Rebecca Tapscott Publisher: Oxford University Press ISBN: 0198856474 Category : Political Science Languages : en Pages : 249
Book Description
In recent years, scholars have noted the rise of a particular type of authoritarianism worldwide, in which rulers manipulate institutions designed to implement the rule of law so that they instead facilitate the exercise of arbitrary power. Even as scholars puzzle over this seemingly new phenomenon, scholarship on African politics offers helpful answers. This book places literature on the post-colonial African state in conversation with literature on modern authoritarianism, using this to frame over ten months of qualitative field research on Uganda's informal security actors - including vigilante groups, local militias, and community police. Based on this research, the book presents an original framework - called 'institutionalized arbitrariness' - to explain how modern authoritarian rulers project arbitrary power even in environments of relatively functional state institutions, checks and balances and the rule of law. In regimes characterized by institutionalized arbitrariness, the state's stochastic assertions and withdrawals of power inject unpredictability into the political relationship between both local authorities and citizens. This arrangement makes it difficult for citizens to predict which authority, if any, will claim jurisdiction in a given scenario, and what rules will apply. This environment of pervasive political unpredictability limits space for collective action and political claim-making, while keeping citizens marginally engaged in the democratic process. The book is grounded in empirical research and literature theorizing the African state, while seeking to inform a broader debate about contemporary forms of authoritarianism, state-building, and state consolidation. Oxford Studies in African Politics and International Relations is a series for scholars and students working on African politics and International Relations and related disciplines. Volumes concentrate on contemporary developments in African political science, political economy, and International Relations, such as electoral politics, democratization, decentralization, gender and political representation, the political impact of natural resources, the dynamics and consequences of conflict, comparative political thought, and the nature of the continent's engagement with the East and West. Comparative and mixed methods work is particularly encouraged, as is interdisciplinary research and work that considers ethical issues relating to the study of Africa. Case studies are welcomed but should demonstrate the broader theoretical and empirical implications of the study and its wider relevance to contemporary debates. The focus of the series is on sub-Saharan Africa, although proposals that explain how the region engages with North Africa and other parts of the world are of interest. Series Editors: Nic Cheeseman, Professor of Democracy and International Development, University of Birmingham; Peace Medie, Senior Lecturer in Gender and International Politics, University of Bristol; and Ricardo Soares de Oliveira, Professor of the International Politics of Africa, University of Oxford. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Author: Cecile Laborde Publisher: John Wiley & Sons ISBN: 0470766220 Category : Philosophy Languages : en Pages : 296
Book Description
Republicanism and Political Theory is the first book to offer a comprehensive and critical survey of republican political theory. Critically assesses its historical credentials, conceptual coherence, and normative proposals Brings together original contributions from leading international scholars in an interactive way Provides the reader with valuable insight into new debates taking place in republican political theory
Author: George Gilder Publisher: Regnery Publishing ISBN: 1621570274 Category : Political Science Languages : en Pages : 370
Book Description
Ronald Reagan’s most-quoted living author—George Gilder—is back with an all-new paradigm-shifting theory of capitalism that will upturn conventional wisdom, just when our economy desperately needs a new direction. America’s struggling economy needs a better philosophy than the college student's lament: "I can't be out of money, I still have checks in my checkbook!" We’ve tried a government spending spree, and we’ve learned it doesn’t work. Now is the time to rededicate our country to the pursuit of free market capitalism, before we’re buried under a mound of debt and unfunded entitlements. But how do we navigate between government spending that's too big to sustain and financial institutions that are "too big to fail?" In Knowledge and Power, George Gilder proposes a bold new theory on how capitalism produces wealth and how our economy can regain its vitality and its growth. Gilder breaks away from the supply-side model of economics to present a new economic paradigm: the epic conflict between the knowledge of entrepreneurs on one side, and the blunt power of government on the other. The knowledge of entrepreneurs, and their freedom to share and use that knowledge, are the sparks that light up the economy and set its gears in motion. The power of government to regulate, stifle, manipulate, subsidize or suppress knowledge and ideas is the inertia that slows those gears down, or keeps them from turning at all. One of the twentieth century’s defining economic minds has returned with a new philosophy to carry us into the twenty-first. Knowledge and Power is a must-read for fiscal conservatives, business owners, CEOs, investors, and anyone interested in propelling America’s economy to future success.
Author: John Locke Publisher: ISBN: Category : Liberty Languages : en Pages : 0
Book Description
This analysis of all of Locke's publications quickly became established as the standard edition of the Treatises as well as a work of political theory in its own right.
Author: Angela J. Davis
Author: Angela J. Davis
Author: Marc Ribeiro
Author: Mary Nyquist
Author: William Keach
Author: John A. Andrew
Author: Rebecca Tapscott
Author: John Locke
Author: Cecile Laborde
Author: George Gilder
Author: John Locke