- Table View
- List View
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.
Sentencing in the Age of Information: From Faust to Macintosh
by Katja Franko AasHow does the fact that we live in information societies reflect on the nature of penal discourse and practice? Applying media and communication studies to sentencing and penal culture, Kate Franko Aas offers a lucid and innovative account of how punishment is adjusting to a new cultural climate marked by growing demands for information processing, transparency and accountability. This significant book explores a number of recent penal developments, such as risk assessment instruments, sentencing guidelines and computerized sentencing information systems, and argues that they are instruments of justice with so-called Macintosh traits, offering pre-programmed answers and solutions. Franko Aas touches upon issues of decision-making at-a-distance, the exercise of discretion, databases, disembodiment and the changing nature of subjectivity. She explores information technology as a cultural environment with profound implications for the nature of penal knowledge, governance and identity constitution. Sentencing in the Age of Information is essential reading for scholars and students interested in sentencing, penal culture, criminology, sociology of law and media and communication studies. Joint winner of the 2006 Hart/Socio-Legal Studies Association Book Prize.
Sentencing in Time
by Linda Ross MeyerExactly how is it we think the ends of justice are accomplished by sentencing someone to a term in prison? How do we relate a quantitative measure of time—months and years—to the objectives of deterring crime, punishing wrongdoers, and accomplishing justice for those touched by a criminal act? Linda Ross Meyer investigates these questions, examining the disconnect between our two basic modes of thinking about time—chronologically (seconds, minutes, hours), or phenomenologically (observing, taking note of, or being aware of the passing of time). In Sentencing in Time, Meyer asks whether—in overlooking the irreconcilability of these two modes of thinking about time—we are failing to accomplish the ends we believe the criminal justice system is designed to serve. Drawing on work in philosophy, legal theory, jurisprudence, and the history of penology, Meyer explores how, rather than condemning prisoners to an experience of time bereft of meaning, we might instead make the experience of incarceration constructively meaningful—and thus better aligned with social objectives of deterring crime, reforming offenders, and restoring justice.
Sentencing Law, Policy, and Practice (UNIVERSITY CASEBOOK SERIES®)
by Wayne Logan Michael O'HearWith guilt in the vast majority of criminal cases now resolved by guilty pleas, sentencing is a matter of surpassing importance in the American criminal process. Reflecting its significance, the sentencing phase has been buffeted by successive waves of reform efforts, complicating an already challenging topic for law students and instructors alike. Sentencing Law, Policy, and Practice covers this terrain in a manner that is comprehensive, nuanced, and accessible. Coverage includes core sentencing topics, such as the purposes of punishment, constitutional limitations on punishment, sentencing guidelines, and the disparate treatment of defendants, as well as in-depth coverage of other critically important subjects that often receive only glancing treatment in sentencing casebooks―community supervision, economic sanctions, capital punishment, and collateral consequences. The book takes a multi-disciplinary approach, frequently drawing upon cutting-edge legal and social science research, providing opportunities for students to analyze and discuss topics in new and often provocative ways. The text has sufficient breadth and depth for use in a three-credit course but is also readily adaptable for use in a two-credit format.
Sentencing Serious Sex Offenders: How Judges Decide when Discretion Is Wide
by Diarmuid GriffinAddressing a lack of high-quality sentencing information in Ireland, this important book explores the factors that influence judges to impose a sentence of long-term imprisonment in sexual offence cases. Judges have made it clear that sentences of 15 years to life imprisonment are to be reserved for offending that is ‘truly egregious’. Griffin, using over 100 serious sexual offence cases, examines what this means in practice. The book is designed to be used in the classroom and the court, as well as providing a solid evidence base to inform the public and policy discourse on sentencing.
Sentencing without Guidelines
by Rhys HesterSentencing matters. Reform initiatives hope to impart more uniformity and fairness in sentencing. Tough-on-crime laws like “three strikes” and mandatory minimum provisions deprive judges of sentencing discretion. While sentencing guidelines have been adopted by approximately 20 states since the early 1980s, many judges operate without guidelines. Sentencing without Guidelines is Rhys Hester’s deep dive into how South Carolina, which never passed sentencing guideline legislation, nonetheless created meaningful punishment reform. It achieved uniformity in sentencing with a traveling circuit of judges, informal norms among judges, and the unique phenomenon of the “Plea Judge” to manage cases. Hester examines how prior convictions, race, and geographical differences impact sentences to explain why individuals get the criminal sentences they do. He also explores how legal reform mechanisms can influence punishment goals and policy. Sentencing without Guidelines shows the benefits and drawbacks South Carolina experienced as it met sentencing reform goals. These lessons can be translated into policy for other jurisdictions.
Sentencing Youth to Life in Prison: Justice Denied
by James Windell Kathi Milliken-BoydThis book analyzes the impact of the U.S. Supreme Court rulings deeming juvenile life without parole (LWOP) sentences to be cruel and unusual punishment. These Court decisions brought about controversy and resistance in the criminal justice field, while at the same time providing hope for those 2,300 people who never thought they had a chance to experience life as an adult outside prison. By looking in depth at the lives of some of the individuals serving life terms, and understanding both the prosecutors who oppose review and resentencing of juvenile lifers and those who are sincerely following the Supreme Court’s guidelines, this book provides a comprehensive understanding of the issues – as well as the people – involved in the sentencing (and potential resentencing) of juveniles to life without the possibility of parole. The authors provide unique, perceptive and straightforward profiles on some of the prisoners who were ultimately sentenced to LWOP after being involved in criminal offenses committed before their 18th birthdays. The book poignantly features the experiences of young people who did not commit a murder yet were still sentenced to life terms, but also delves into the perspectives of the families of victims of juvenile offenders, prosecutors on both sides of the issue, psychologists who have interviewed many of the juvenile lifers and advocates for change in the way juveniles are treated by the criminal justice system. The decisions in Miller v. Alabama and Montgomery v. Louisiana clearly demonstrated that the Court’s view of juveniles evolved over decades to reflect advances in our understanding of the unique characteristics of youth and their involvement in juvenile crimes. This book takes the position that the sentence of life without the possibility of parole for youth is wasteful of both human lives and scarce public resources. The authors write about the human concerns on both sides of the question, and, ultimately, allow readers to make their own decisions about how society should best handle juvenile offenders. This engaging ethnographic treatment will appeal to students and scholars of criminology, corrections, juvenile justice, and delinquency; practitioners working in social policy; and all those interested in a criminal justice system capable of positive outcomes for involved youth.
El sentido de la realidad: Sobre las ideas y su historia
by Isaiah BerlinTaurus recupera El sentido de la realidad, el libro más personal de uno de los principales pensadores liberales del siglo XX. ¿Cómo construir una sociedad decente?¿Por qué ciertas ideas aparentemente nobles y hermosaspueden alimentar las peores ideologías? Referente ineludible en la historia de las ideas, Berlin recorre magistralmente, en estos nueve ensayos, las ideas que han gobernado la historia europea durante los últimos tres siglos: nacionalismo, liberalismo y especialmente marxismo. Con el fin de extraer lecciones morales, Berlin se pregunta por qué los seres humanos tienden a admirar a hombres movidos por la ambición, los celos o la vanidad monomaníaca -incluidas figuras notables de la historia como Pedro el Grande y Napoleón-, y proporciona algunas respuestas, siempre reveladoras, en este estudio de las ideas. El sentido de la realidad incluye textos clave de quien ha sido considerado uno de los mejores ensayistas en inglés, y cubre un amplio abanico de temas: el realismo en la historia, naturaleza y el impacto del marxismo, la historia del socialismo, la radical revolución cultural llevada a cabo por los románticos, las nociones rusas de compromiso artístico, o la práctica y el origen del nacionalismo... Reseñas:«Este libro es indispensable para cualquiera que quiera comprender la historia de las ideas.»John Gray, The New York Times Book Review «El viejo zorro del liberalismo ofrece esta obra perspicaz. Es tan brillante a la hora de repensar el pasado como a la de transmitir su pensamiento.»Kirkus Reviews «Erudito pero no académico, se dirige al lector general, y habla con una energía tan contagiosa que nos arrastra a un territorio que nos parecía inaccesible, y se convierte en el mejor guía para movernos en la emocionante historia de las ideas.»Robert Darnton, The New York Review of Books «Si es posible elevar más una reputación ya tan notable, estos ensayos podrían lograrlo. Son textos de urbanidad, perspicacia, profunda erudición y gran elegancia literaria.»A.C. Grayling, Financial Times
The Sentimental Court: The Affective Life of International Criminal Justice (Cambridge Studies in Law and Society)
by Jonas BensModern law seems to be designed to keep emotions at bay. The Sentimental Court argues the exact opposite: that the law is not designed to cast out affective dynamics, but to create them. Drawing on extensive ethnographic fieldwork - both during the trial of former Lord's Resistance Army commander Dominic Ongwen at the International Criminal Court's headquarters in The Netherlands and in rural northern Uganda at the scenes of violence - this book is an in-depth investigation of the affective life of legalized transitional justice interventions in Africa. Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments, and further discusses how we should think about the future of law and justice in our colonial present by focusing on the politics of atmosphere and sentiment in which they are entangled.
Separate: The Story of Plessy v. Ferguson, and America's Journey from Slavery to Segregation
by Steve LuxenbergA myth-shattering narrative of how a nation embraced "separation" and its pernicious consequences. <P><P> Plessy v. Ferguson, the Supreme Court case synonymous with “separate but equal,” created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the nineteenth century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the twenty-first. <P><P> Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours—race and equality. Wending its way through a half-century of American history, the narrative begins at the dawn of the railroad age, in the North, home to the nation’s first separate railroad car, then moves briskly through slavery and the Civil War to Reconstruction and its aftermath, as separation took root in nearly every aspect of American life. <P><P>Award-winning author Steve Luxenberg draws from letters, diaries, and archival collections to tell the story of Plessy v. Ferguson through the eyes of the people caught up in the case. Separate depicts indelible figures such as the resisters from the mixed-race community of French New Orleans, led by Louis Martinet, a lawyer and crusading newspaper editor; Homer Plessy’s lawyer, Albion Tourgée, a best-selling author and the country’s best-known white advocate for civil rights; Justice Henry Billings Brown, from antislavery New England, whose majority ruling endorsed separation; and Justice John Harlan, the Southerner from a slaveholding family whose singular dissent cemented his reputation as a steadfast voice for justice. <P><P>Sweeping, swiftly paced, and richly detailed, Separate provides a fresh and urgently-needed exploration of our nation’s most devastating divide.
Separated: Family and Community in the Aftermath of an Immigration Raid
by William D. LopezWilliam D. Lopez details the incredible strain that immigration raids place on Latino communities—and the families and friends who must recover from their aftermath.2020 International Latino Book Awards Winner First Place, Mariposa Award for Best First Book - Nonfiction Honorable Mention, Best Political / Current Affairs BookOn a Thursday in November 2013, Guadalupe Morales waited anxiously with her sister-in-law and their four small children. Every Latino man who drove away from their shared apartment above a small auto repair shop that day had failed to return—arrested, one by one, by ICE agents and local police. As the two women discussed what to do next, a SWAT team clad in body armor and carrying assault rifles stormed the room. As Guadalupe remembers it, "The soldiers came in the house. They knocked down doors. They threw gas. They had guns. We were two women with small children... The kids terrified, the kids screaming."In Separated, William D. Lopez examines the lasting damage done by this daylong act of collaborative immigration enforcement in Washtenaw County, Michigan. Exploring the chaos of enforcement through the lens of community health, Lopez discusses deportation's rippling negative effects on families, communities, and individuals. Focusing on those left behind, Lopez reveals their efforts to cope with trauma, avoid homelessness, handle worsening health, and keep their families together as they attempt to deal with a deportation machine that is militarized, traumatic, implicitly racist, and profoundly violent. Lopez uses this single home raid to show what immigration law enforcement looks like from the perspective of the people who actually experience it. Drawing on in-depth interviews with twenty-four individuals whose lives were changed that day in 2013, as well as field notes, records obtained under the Freedom of Information Act, and his own experience as an activist, Lopez combines rigorous research with moving storytelling. Putting faces and names to the numbers behind deportation statistics, Separated urges readers to move beyond sound bites and consider the human experience of mixed-status communities in the small towns that dot the interior of the United States.
Separating Church and State: A History (Religion and American Public Life)
by Steven K. GreenSteven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.
Separating Powers: International Law before National Courts
by David HaljanThe more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law-making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
Separation Of Church And State (Revised Edition)
by Philip HamburgerIn a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. <p><p> Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.