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The Sense of Justice
In 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.
The Police Power
Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police—the most expansive and least limitable of governmental powers—by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.
Modern Histories of Crime and Punishment
This is a collection of essays critically examining the historical development of the modern criminal law.
Criminal Sentencing in Bangladesh
In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.
Victims in the War on Crime
The first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime.
Traces of Terror
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Ghettoside
THE MULTI-AWARD WINNING INTERNATIONAL BESTSELLER - AS READ ON BBC RADIO 4 Why would you kill your neighbour? Based on the best part of a decade embedded with the homicide units of the LAPD, this groundbreaking work of reportage takes us onto the streets, inside the homes and into the lives of a community wracked by a homicide epidemic. Through the gripping story of one particular murder – of an eighteen-year-old boy named Bryant Tennelle, gunned down one evening in spring for no apparent reason – and of its investigation by a brilliant, ferociously driven detective – a blond, surfer-turned-cop named John Skaggs – it reveals the true origins of such violence, explodes the myths surrounding policing and race and shows that the only way to reverse the cycle of violence is with justice.
Buffalo Criminal Law Review
The Buffalo Criminal Law Review is a peer-reviewed journal published by the Buffalo Criminal Law Center at the State University of New York at Buffalo School of Law. The Review pursues two interrelated objectives: to integrate the study of criminal law by serving as an interdisciplinary and international forum for innovative scholarship on crime and punishment, and to bridge the gap between criminal law scholarship and criminal justice policy by providing legislators, judges, and other criminal justice professionals with in-depth analyses of topical issues in criminal law.
Foundational Texts in Modern Criminal Law
This volume contributes to the emergence of a transnational canon of criminal law by critically engaging with formative texts in criminal legal thought since Hobbes.
