Thresholds Of Accusation
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Thresholds Of Accusation
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Author : George Pavlich
language : en
Publisher: Cambridge University Press
Release Date : 2023-09-28
Thresholds Of Accusation written by George Pavlich and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-28 with Social Science categories.
Examines pretrial rituals of accusation that enabled colonial law and order to support possessive settler-colonialism across western Canada.
Thresholds Of Accusation
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Author : George Pavlich
language : en
Publisher:
Release Date : 2023
Thresholds Of Accusation written by George Pavlich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Criminal law categories.
This critical socio-legal history probes pretrial accusations through which colonial criminal law forged social orders for settler-colonialism across western Canada, focusing on Alberta, 1874-1884. Following military intelligence, a Northwest Mounted Police force was established to compel Dominion law. That force began by deploying accusatory theatres to receive information about crimes, arrest suspects, and decide via preliminary examination who to send to trial. George Pavlich draws on exemplary performances of colonial accusation to show how police officers and justices of the peace translated local social lore into criminal law. These performances reflected intersecting powers of sovereignty, disciplinarily, and biopolitics; they held accused individuals legally culpable for crimes and obscured social upheavals that settlers brought. Reflecting on colonial legacies within today's vast and unequal criminalizing institutions, this book proposes that we seek new forms of accusation and legality, learning from Indigenous laws that tackle individual and collective responsibilities for societal disquiet.
Entryways To Criminal Justice
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Author : George Pavlich
language : en
Publisher: University of Alberta
Release Date : 2019-03-20
Entryways To Criminal Justice written by George Pavlich and has been published by University of Alberta this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-20 with Law categories.
How do societies decide whom to criminalize? What does it mean to accuse someone of being an offender? Entryways to Criminal Justice analyzes the thresholds that distinguish law-abiding individuals from those who may be criminalized. Contributors to the volume adopt social, historical, cultural, and political perspectives to explore the accusatory process that place persons in contact with the law. Emphasizing the gateways to criminal justice, truth-telling, and overcriminalization, the authors provide important insights into often overlooked practices that admit persons to criminal justice. It is essential reading for scholars, students, and policy makers in the fields of socio-legal studies, sociology, criminology, law and society, and post/colonial studies. Contributors: Dale A. Ballucci, Martin A. French, Aaron Henry, Bryan R. Hogeveen, Dawn Moore, George Pavlich, Marcus A. Sibley, Rashmee Singh, Amy Swiffen, Matthew P. Unger, Elise Wohlbold, Andrew Woolford
Legal Violence And The Limits Of The Law
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Author : Amy Swiffen
language : en
Publisher: Routledge
Release Date : 2017-08-10
Legal Violence And The Limits Of The Law written by Amy Swiffen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-10 with Law categories.
What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.
Mark At The Threshold
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Author : Geoff R. Webb
language : en
Publisher: BRILL
Release Date : 2008-07-31
Mark At The Threshold written by Geoff R. Webb and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-31 with Religion categories.
The discussion concerning Markan characterisation (and Markan genre) can be helpfully informed by Bakhtinian categories. This book uses the twin foci of chronotope and carnival to examine specific characters in terms of different levels of dialogue. Various passages in Mark are examined, and thresholds are noted between interindividual character-zones, and between the hearing-reader and text-voices. Several generic contacts are shown to have shaped the text’s ‘genre-memory’ – in particular, the Graeco-Roman popular literature of the ancient world. The resultant picture is of an earthy, populist Gospel whose “voices” resonate with the “vulgar” classes, and whose spirituality is refreshingly relevant to everyday concerns.
Powers Of The Prosecutor In Criminal Investigation
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Author : Karolina Kremens
language : en
Publisher: Routledge
Release Date : 2021-03-26
Powers Of The Prosecutor In Criminal Investigation written by Karolina Kremens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-26 with Law categories.
This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
Research Handbook On The Sociology Of International Law
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Author : Moshe Hirsch
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-11-30
Research Handbook On The Sociology Of International Law written by Moshe Hirsch and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-30 with Law categories.
Bringing together a highly diverse body of scholars, this comprehensive Research Handbook explores recent developments at the intersection of international law, sociology and social theory. It showcases a wide range of methodologies and approaches, including those inspired by traditional social thought as well as less familiar literature, including computational linguistics, performance theory and economic sociology. The Research Handbook highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.
Criminal Accusation
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Author : George Pavlich
language : en
Publisher: Routledge
Release Date : 2017-12-06
Criminal Accusation written by George Pavlich and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-06 with Law categories.
Accusing someone of committing a crime arrests everyday social relations and unfurls processes that decide on who to admit to criminal justice networks. Accusation demarcates specific subjects as the criminally accused, who then face courtroom trials, and possible punishment. It inaugurates a crime’s historical journey into being with sanctioned accusers successfully making criminal allegations against accused persons in the presence of authorized juridical agents. Given this decisive role in the production of criminal identities, it is surprising that criminal accusation has received relatively short shrift in sociological, socio-legal and criminological discourses. In this book, George Pavlich redresses this oversight by framing a socio-legal field directed to political rationales and practices of criminal accusation. The focus of its interrogation is the truth-telling powers of an accusatory lore that creates subjects within the confines of socially authorized spaces. And, in this respect, the book has two overarching aims in mind. First, it names and analyses powers of criminal accusation – its history, rationales, rites and effects – as an enduring gateway to criminal justice. Second, the book evaluates the prospects for limiting and/or changing apparatuses of criminal accusation. By understanding their powers, might it be possible to decrease the number who enter criminal justice’s gates? This question opens debate on the subject of the book’s final section: the prospects for more inclusive accusative grammars that do not, as a reflex, turn to exclusionary visions of crime and vengeful, segregated, corrective or risk-orientated punishment. Highlighting how expansive criminal justice systems are populated by accusatorial powers, and how it might be possible to recalibrate the lore that feeds them, this ground-breaking analysis will be of considerable interest to scholars working in socio-legal research studies, critical criminology, social theory, postcolonial studies and critical legal theory.
The Accusation Model Before The International Criminal Court
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Author : Hanna Kuczyńska
language : en
Publisher: Springer
Release Date : 2015-05-07
The Accusation Model Before The International Criminal Court written by Hanna Kuczyńska and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-07 with Law categories.
This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?
Accusation
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Author : George Pavlich
language : en
Publisher: UBC Press
Release Date : 2016-11-28
Accusation written by George Pavlich and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-28 with Social Science categories.
The punitive effects of accusations that lead to criminalization have received considerable attention. Less well documented is the actual role, process, and meaning of accusation per se. This collection of essays sets out the terms of a new debate about a largely overlooked but foundational dimension of criminalizing justice; namely, accusation. Criminal accusation, however, does more than define the outer borders of criminal justice institutions. It is directly implicated in providing a steady flow of potential criminals who are fed into expanding criminal justice arenas. Despite the basic politics through which legal persons are selected to face possible criminalization, there are few analyses directed at how accusation works in theoretical, historical, criminological, social, cultural, and procedural realms. By highlighting the constitutive role of criminal accusation on individuals, the judicial system, and society as a whole, this book establishes an important new field of inquiry.
