Law as Punishment / Law as Regulation (The Amherst Series in Law, Jurisprudence)

Jefferson’s “Laws of Nature”: Newtonian Influence and the Dual Valence of Jurisprudence and Science
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Punishment, in her thesis, does not need to be imposed to exert regulatory functions. By exploring these two forms of regulation through a work of fiction, Lee shows how regulation largely depends on self-regulation by, first, making the regulated subjects conscious about them being unregulated and thus punishable, and, second, by imputing on them the responsibility for self-regulation.

He further claims that stops and frisks blur the line between regulation and punishment as they constitute punishment imposed for regulatory purposes. The police are also authorised to pat down the individual whom they had stopped if they have reasonable suspicion that the person is carrying a gun.

Further, he falls short of explaining the analytical or legal value of equating it to forms of torture. This book constitutes an important contribution to the recent academic debate on punishment and regulation, particularly among criminal law and criminology scholars.

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One of the main conclusions that can be drawn from this book is that the line dividing punishment and regulation, the punitive or regulatory nature behind a certain measure, is neither clear and neat, nor uncontroversial. While the introduction of a myriad of measures which sit between civil and penal sanctions in recent years has contributed to making this distinction more problematic, as Dubber shows, the hybridity of penality is much older. More fundamentally, the difficult task of embarking on such categorisation has a number of consequences, as Sarat et al and Ewald suggest. The role of academics is therefore to recognise that they are both sides of a same coin and to develop principles that fit such a construction.

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I have argued at length elsewhere Priel unpublished a that the pre-sociological conception of philosophy is indefensible, whereas the sociological conception is a viable enterprise, but is conducted with the wrong methods. His words written in cannot be said to be a careless remark later repudiated. In this essay I have attempted to show that this is a mistake, that a naturalistic perspective has important things to say even on the most familiar debate in contemporary legal philosophy, between legal positivism and natural law theory. Law and Catastrophe Austin Sarat. New Waves in Philosophy of Law.

Website designed by Red Dream Studios. Reviewer: Ana Aliverti May This book is a collection of essays examining the relationship between regulation and punishment from different perspectives. Subscribe to our email list and learn about upcoming reviews and news. To subscribe, simply click Join Now. Follow Us. Austin Sarat. Martha Merrill Umphrey.

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Bestselling Series. Harry Potter. Popular Features. New Releases. Description When citizens think about law's ways of knowing and about how legal officials gather information, assess factual claims, and judge people and situations, they are often confused by the seemingly arcane and constrained quality of the information-gathering, fact-evaluating procedures that legal officials employ or impose. Yet law's ways of knowing as varied as are the institutions and officials who populate any legal system.

Historical and theoretical framework of international law and politics affecting indigenous peoples, in the context of contemporary issues. Selected topics in constitutional law concerning the First Amendment e. Each participant responsible for presenting one topic in-depth for subsequent discussion by the seminar. Issues of law and gender.

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Uses feminist legal theory, case law, and other readings to examine the law's role in the history of gender oppression and current issues of law and gender such as reproductive rights, sex discrimination, rape and pornography. The impact of computers on the law and legal profession. Exploration of issues related to legal research methods, modes of conflict resolution, the practice of law, and legal doctrines related to information, such as copyright, privacy, and the First Amendment. The connection of law, politics, religion, and secularism through focus on the Middle East.

Topics include theories of politics and religion; Islamic fundamentalism and law in Egypt, Iran, and Saudi Arabia; Jewish fundamentalism in Israel; secularism in Iraq; mixed approaches to religion and law in Turkey; and the legal status of Jerusalem. Prerequisite: course in Legal Studies, comparative politics or contemporary religion. Intensive exploration of the idea of "government by law" through cross-cultural study of its contemporary meanings.

Issues include constitutional theory and political institutions; the role of legal actors, political representation, law and religion; the nature and obligations of citizenship, crime, and punishment; socioeconomic justice, and individual liberties. Interdisciplinary social science materials analyzing at least five diverse countries. Prerequisite: course in Legal Studies or comparative politics.

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Law as Punishment / Law as Regulation (The Amherst Series in Law, Jurisprudence, and Social Thought) [Austin Sarat, Lawrence Douglas, Martha Merrill. Editorial Reviews. Review. "This book's broad range of approaches to the relationship between Buy Law as Punishment / Law as Regulation (The Amherst Series in Law, Jurisprudence): Read Kindle Store Reviews - Amazon. com.

Seminar requiring substantial participation. Major examples of tension between conscience and law for individuals and groups, source of conscience, nature of law, personal strengths, and social pressures. How the law translates to film the pur- poses of law narratives. The aesthetic and ideological constructions of law and legal issues in both feature and documentary films. Combines textual theoretical approaches to cinema with cultural studies and critical legal theory.

Films, including classic, art and independent, and some contemporary popular film, screened dur -ing class each week.

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The regulation of film content, including legal regulation, i. Regulation based on political content, for example during the McCarthy period, and regulation of political content in foreign films and documentary films. Weekly screenings of film followed by discussions. What transforms an ordinary criminal pro ceeding into a political trial. Does not fulfill any Legal Studies requirement.

Individual projects, involving a high degree of self-motivated study under the supervision of a faculty member. Reading library research and writing are basic ingredients: requires faculty-student discussion and consultation. Critiques of law from both right wing and left wing social theory. Examination of these critiques against the historical background of the development of market society capitalism and the nation-state in the West. A sample of some of the primary themes involved in a quest for theory in the sociology of law.

An intensive examination of the historical and contemporary relationship between law and race, using some of the leading texts of the movement known as Critical Race Theory. Themes include the distortions introduced into the U. History and structure of the American legal profession. Emphasis on empirical studies of lawyers, legal education, legal ethics, professional r egulation. The relationship between social science and law, focusing on social science in law application of social scientific knowledge in legal processes rather than the social science of law explanations of law as social processes.

First part of course emphasizes social science logic and methods; how to evaluate and apply social scientific research to legal issues. Second part: a series of "Socratic" debates; students present opposing views on a significant legal issue utilizing social scientific and normative legal arguments.

An introduction to the multifaceted history of social justice issues and the law. Through an interdisciplinary use of historical, economic, and sociological materials, an examination of the ways in which law has served to perpetuate social injust- ice as opposed to the advancement of social justice in the United States.

The impact of economics and class on the rights of workers under U. Using primary sources and statutory and case-based law, explores the framework of modern labor and employment law. Topics include: the impact of particular constitutional provisions, including the Fourteenth Amendment; the ideological and political underpinnings of modern labor law, including the National Labor Relations Act; the impact of race and gender on social and economic status, and the way law reinforces or responds to this relationship; and a critical comparison of contemporary American labor laws with those of other countries.