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Showing 31,701 through 31,725 of 36,643 results

The Official History of Criminal Justice in England and Wales: Volume I: The 'Liberal Hour' (Government Official History Series)

by Paul Rock

Volume I of The Official History of Criminal Justice in England and Wales frames what was known about crime and criminal justice in the 1960s, before describing the liberalising legislation of the decade. Commissioned by the Cabinet Office and using interviews, British Government records, and papers housed in private, and institutional collections, this is the first of a collaboratively written series of official histories that analyse the evolution of criminal justice between 1959 and 1997. It opens with an account of the inception of the series, before describing what was known about crime and criminal justice at the time. It then outlines the genesis of three key criminal justice Acts that not only redefined the relations between the State and citizen, but also shaped what some believed to be the spirit of the age: the abolition of capital punishment, and the reform of the laws on abortion, and homosexuality. The Acts were taken to be so contentious morally and politically that Governments of different stripes were hesitant about promoting them formally. The onus was instead passed to backbenchers, who were supported by interlocking groups of reformers, with a pooled knowledge about how to effectively organise a rhetoric that drew on the language of utilitarianism, and the clarity and authority of a Church of England. This came to play an increasingly consequential and largely unacknowledged part in resolving what were often confusing moral questions. This book will be of much interest to students of criminology and British history, politics and law.

The Official History of Criminal Justice in England and Wales: Volume II: Institution-Building (Government Official History Series)

by Paul Rock

Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been ‘written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved’. This book will be of much interest to students of criminology and British history, politics and law.

The Official History of Criminal Justice in England and Wales: Volume III: The Rise and Fall of Penal Hope (Government Official History Series)

by David Downes

Volume III of The Official History of Criminal Justice in England and Wales draws on archival sources and individual accounts to offer a history of penal policymaking in England and Wales between 1959 and 1997. The book studies the changes underlying penal policymaking in the period, from a belief in the rehabilitative potential of imprisonment to a reaffirmation in 1993 that ‘Prison Works’ as a deterrent to crime. A need to curb the rising prison population initially focussed on developing alternatives to prison and a new system of parole; however, their relative ineffectiveness led to sentencing becoming the key to penal reform. A slackening of faith in rehabilitation led to pressure for greater emphasis on humane containment and the rebalancing of security, order and justice in prison regimes. Thus, 1991 was the climactic year for what became largely unfulfilled hopes for lasting penal reform. Escapes, riots and prison occupations were prime catalysts for changes, often highly contentious, in penal policymaking. Notably, there was no simple equation between political party, minister and policy choice. Both Labour and Conservative governments had distinctly liberal Home Secretaries and, after 1992, both parties took a more punitive approach. This book will be of much interest to students of criminology and British history, politics and law.

The Official Lsat Preptest 68

by Law School Admission Council

The "PrepTest" is an actual LSAT administered on the date indicated. Practice as if taking an actual test by following the test-taking instructions and timing yourself. In addition to actual LSAT questions, each "PrepTest" contains an answer key, writing sample, and score-conversion table.

The Oil & Gas Lease in Canada

by John Bishop Ballem

Long recognized as the standard work on the topic, The Oil and Gas Lease in Canada discusses the legal document that determines the process by which a freehold mineral owner may grant oil companies the right to search for and produce minerals. Subjected to ongoing litigation and governmental regulation, the Lease continues to evolve as the body of common law surrounding it grows and develops. The substances covered by the Lease are unique in that their occurrence is uncertain until discovery, and they are capable of moving from place to place within a reservoir. These qualities have led to the development of new legal concepts, basically creating a separate and distinct branch of the law.This fourth edition of The Oil and Gas Lease in Canada guides the reader through the complexities of the Lease and the legal issues attached to it. John Bishop Ballem brings the text up to date on recent developments, including changes and additions to the terms of the Lease, the effect of recent court decisions, and the growth of coal bed methane as an energy source. Of particular interest is his examination of what takes place following a Lease's involuntary termination. Ballem deals with specific examples of this situation, detailing its consequences for both individual mineral owners and companies, as well as for future judicial pronouncements. The fourth edition of The Oil and Gas Lease in Canada is indispensable for mineral owners, oil companies, land agents, lawyers, and legal institutions.

The Oil Business and the State: National Energy Companies and Government Ownership (Routledge Studies in International Business and the World Economy)

by Øystein Noreng

National oil companies are big business with about 80 percent of the world’s proven oil reserves, and they are crucial to the world’s energy supplies. They are giants, some of the world’s largest companies, measured by market capitalisation, cash flow and investment. Little is known about their modus operandi, how they make decisions about investment and production or about relations with their government-owners. However, it is known that they conduct business with a political mandate, often with multiple long-term objectives, broadly defined and hard to quantify. Unclear mandates give national oil companies leeway to pursue their own distinctive interests, apart from those of the government-owner. As investors, governments are less zealous than private investors. They generally observe multiple objectives, not only return on capital. Therefore, the senior management of national oil companies enjoy more discretionary power and consider longer time horizons than their counterparts in the private sector. The Oil Business and the State explains the practice of state ownership in a capital-intensive industry with high risks and high return, and how these companies act in a market with imperfect competition. This book looks to give readers more insight into the oil industry, into the background of oil exporting countries as well as the economic and political challenges confronting them, including problems of state ownership. The book discusses wider consequences of China replacing the United States as the world’s leading oil importer. It will be of interest to researchers, academics and students in the fields of international business, management history, corporate governance, political economy and economic development of oil-rich countries.

The Old Bailey: Eight Centuries of Crime, Cruelty and Corruption

by Theresa Murphy

This is the story of an arena of crime and degradation, of infamy and human suffering. It is the history of the Old Bailey, an institution as flawed as all man-made attempts at justice are doomed to be.In the beginning there was barbarity and injustice. The court was packed with a restless, muttering mob, eager for the verdicts of 'Guilty' so they could enjoy public executions, hurling abuse and missiles at those with the noose around their neck. Today we fool ourselves that we have evolved beyond barbarism, but are made uneasy by the continuing exposure of miscarriage of justice. If we use the Old Bailey as a yardstick, it is possible to argue that mankind has not made much progress through the centuries. In these pages, we tour the courts of long ago, meeting the Dracula-garbed court chaplains, drunken, brutal judges and cold-blooded hangmen. With wit and skill, Theresa Murphy brings to life a cast of hundreds, from the well-known to the less imfamous, who together make up the harrowing history of the Old Bailey.

The Old Faith and the Russian Land: A Historical Ethnography of Ethics in the Urals (Culture and Society after Socialism)

by Douglas Rogers

The Old Faith and the Russian Land is a historical ethnography that charts the ebbs and flows of ethical practice in a small Russian town over three centuries. The town of Sepych was settled in the late seventeenth century by religious dissenters who fled to the forests of the Urals to escape a world they believed to be in the clutches of the Antichrist. Factions of Old Believers, as these dissenters later came to be known, have maintained a presence in the town ever since. The townspeople of Sepych have also been serfs, free peasants, collective farmers, and, now, shareholders in a post-Soviet cooperative.Douglas Rogers traces connections between the town and some of the major transformations of Russian history, showing how townspeople have responded to a long series of attempts to change them and their communities: tsarist-era efforts to regulate family life and stamp out Old Belief on the Stroganov estates, Soviet collectivization drives and antireligious campaigns, and the marketization, religious revival, and ongoing political transformations of post-Soviet times. Drawing on long-term ethnographic fieldwork and extensive archival and manuscript sources, Rogers argues that religious, political, and economic practice are overlapping arenas in which the people of Sepych have striven to be ethical-in relation to labor and money, food and drink, prayers and rituals, religious books and manuscripts, and the surrounding material landscape.He tracks the ways in which ethical sensibilities-about work and prayer, hierarchy and inequality, gender and generation-have shifted and recombined over time. Rogers concludes that certain expectations about how to be an ethical person have continued to orient townspeople in Sepych over the course of nearly three centuries for specific, identifiable, and often unexpected reasons. Throughout, he demonstrates what a historical and ethnographic study of ethics might look like and uses this approach to ask new questions of Russian, Soviet, and post-Soviet history.

The Old Regime and the Haitian Revolution

by Malick W. Ghachem

The Haitian Revolution (1789-1804) was an epochal event that galvanized slaves and terrified planters throughout the Atlantic world. Rather than view this tumultuous period solely as a radical rupture with slavery, Malick W. Ghachem's innovative study shows that emancipation in Haiti was also a long-term product of its colonial legal history. The key to this interpretation lies in the Code Noir, the law that regulated master-slave relations in the French empire. The Code's rules for the freeing and punishment of slaves were at the center of intense eighteenth-century debates over the threats that masters, and not just freedmen and slaves, posed to the plantation order. Ghachem takes us deep into this volatile colonial past, digging beyond the letter of the law and vividly reenacting such episodes as the extraordinary prosecution of a master for torturing and killing his slaves. This book brings us face-to-face with the revolutionary invocation of Old Regime law by administrators seeking stability, but also by free people of color and slaves demanding citizenship and an end to brutality. The result is a subtle yet dramatic portrait of the strategic stakes of colonial governance in the land that would become Haiti.

The Older Prisoner (Palgrave Studies in Prisons and Penology)

by Diete Humblet

This book critically explores the world of older prisoners to provide a more nuanced understanding of imprisonment at old age. Through an ethnographical study of male and female older prisoners in two Belgian prison settings, one in which older prisoners are integrated and one in which they are segregated, it informs debates and seeks to recognise ageist discourse, attitudes, practices in prison. The Older Prisoner seeks to situate the older prisoner from both a penological and gerontological perspective, organised around the following broad themes: the construction of the older prisoner, the physical prison world, the social prison world, surviving prison and giving meaning. The book allows readers to navigate between contrasting perspectives and voices rather than reinforcing traditional narratives and prevailing discourses on the older prisoner. In doing so, it hopes to open up a broader dialogue on ageing and punishment. It also offers insights into the concept of meaning in life as an analytical tool to study prisoners.

The Oldest Constitutional Question: Enumeration and Federal Power

by Richard Primus

A groundbreaking challenge to a core principle of constitutional law, arguing that congressional action is not limited by the legislative branch’s textually enumerated powers.Every law student learns that the federal government is constrained to act only according to its enumerated powers, meaning that Congress can do what the Constitution expressly authorizes it to and nothing more. Yet Richard Primus contends that this longstanding orthodoxy—allegedly required by the text of the Constitution, the Framers’ vision, and the logic of federalism—is fundamentally flawed.Through careful analysis of constitutional text and history, and of the structure of American federalism, The Oldest Constitutional Question builds a powerful argument for broad congressional authority. In particular, Primus shows that the primary function of enumeration is to rule listed powers in, not to rule other powers out. The Framers were more worried that the federal government might be fragile and anemic than that it would be overwhelmingly strong. Enumerating congressional powers is thus best understood as a way of ensuring that the federal legislature has an incontestable warrant to exercise the powers specified there, not as an exhaustive description of all that Congress can do.In practice, the enumeration of powers does little to limit Congress. But most constitutional lawyers—including many Supreme Court justices—think this means something has gone wrong, such that the courts must aggressively strike down federal laws exceeding Congress’s enumerated powers. Primus’s meticulous examination explodes the prevailing view, revealing its underlying errors. The constitutional system does place limits on Congress, and crucially so, but the enumeration of powers is not, and never has been, a sensible means for creating and enforcing those limits.

The Oligarch: Rewriting Machiavelli’s The Prince for Our Time

by James Sherry

This book uses the structure of Machiavelli’s The Prince to show how governance has changed over the last 500 years. If Machiavelli focuses on power concentrated in the hands of the republic or principalities, The Oligarch looks at how states and companies today function as oligarchies. Rather than dealing with the form of government, it addresses the operations and networks of governance for both states and corporations as a single set of common processes. The author links politics, ecology and literature, by using the literary device of appropriation to raise awareness of ecology and the overreach of powerful people, offering both wielders and critics of power a common ground based on how people in power actually conduct themselves.

The Olympic Games, Sports Law and Human Rights (Routledge Focus on Sport, Culture and Society)

by Alexandre Miguel Mestre

This book explores the relationship between sports law, the Olympic Movement and human rights. Examining the historical legal roots of contemporary "Olympic law", including the ancient history of the Olympic Games and the legacy of Pierre de Coubertin, this book shines new light on one of the most important issues in world sport today.Written by a practising lawyer with expertise in sports law, this book explains the core concepts underpinning Olympic law and offers in-depth analysis of the Olympic Charter, arguing that the Charter is a key legal instrument in the context of which the interplay between ethics, rights and the Olympics must be understood. The book also examines key contemporary issues at the nexus of sports law and human rights, including religious freedom and protests by athletes.Offering a new interdisciplinary perspective on Olympic law, drawing on legal theory, history and contemporary social scientific studies in sport, this book is fascinating reading for any advanced student, researcher, policymaker or practitioner with an interest in sports law, the Olympic Games, mega-events or human rights.

The Ombudsman Enterprise and Administrative Justice

by Brian Thompson Richard Kirkham Trevor Buck

The statutory duty of public service ombudsmen (PSO) is to investigate claims of injustice caused by maladministration in the provision of public services. This book examines the modern role of the ombudsman within the overall emerging system of administrative justice and makes recommendations as to how PSO should optimize their potential within the wider administrative justice context. Recent developments are discussed and long standing questions that have yet to be adequately resolved in the ombudsman community are re-evaluated given broader changes in the administrative justice sector. The work balances theory and empirical research conducted in a number of common law countries. Although there has been much debate within the ombudsman community in recent years aimed at developing and improving the practice of ombudsmanry, this work represents a significant advance on current academic understanding of the discipline.

The One Percent Solution: How Corporations Are Remaking America One State at a Time

by Gordon Lafer

In the aftermath of the 2010 Citizens United decision, it's become commonplace to note the growing political dominance of a small segment of the economic elite. But what exactly are those members of the elite doing with their newfound influence? The One Percent Solution provides an answer to this question for the first time. Gordon Lafer's book is a comprehensive account of legislation promoted by the nation's biggest corporate lobbies across all fifty state legislatures and encompassing a wide range of labor and economic policies.In an era of growing economic insecurity, it turns out that one of the main reasons life is becoming harder for American workers is a relentless—and concerted—offensive by the country’s best-funded and most powerful political forces: corporate lobbies empowered by the Supreme Court to influence legislative outcomes with an endless supply of cash. These actors have successfully championed hundreds of new laws that lower wages, eliminate paid sick leave, undo the right to sue over job discrimination, and cut essential public services.Lafer shows how corporate strategies have been shaped by twenty-first-century conditions—including globalization, economic decline, and the populism reflected in both the Trump and Sanders campaigns of 2016. Perhaps most important, Lafer shows that the corporate legislative agenda has come to endanger the scope of democracy itself. For anyone who wants to know what to expect from corporate-backed Republican leadership in Washington, D.C., there is no better guide than this record of what the same set of actors has been doing in the state legislatures under its control.

The One State Reality: What Is Israel/Palestine?

by Barnett, Michael, Nathan J. Brown, Marc Lynch, and Shibley Telhami, eds.

The One State Reality argues that a one state reality already predominates in the territories controlled by the state of Israel. The editors show that starting with the one state reality rather than hoping for a two state solution reshapes how we regard the conflict, what we consider acceptable and unacceptable solutions, and how we discuss difficult normative questions. The One State Reality forces a reconsideration of foundational concepts such as state, sovereignty, and nation; encourages different readings of history; shifts conversation about solutions from two states to alternatives that borrow from other political contexts; and provides context for confronting uncomfortable questions such as whether Israel/Palestine is an "apartheid state."

The One-Eyed Judge: A Novel (The Judge Norcross Novels #2)

by Michael Ponsor

The stunning new legal thriller from the New York Times–bestselling author of The Hanging Judge, &“a talent to watch&” (The Washington Post). When FBI agents barge into Sidney Cranmer&’s home accusing him of a heinous crime, the respected literature professor&’s life becomes a nightmare. Cranmer insists the illicit material found by the agents isn&’t his, but the charge against him appears airtight, and his academic specialty—the life and work of controversial author Lewis Carroll, creator of Alice&’s Adventures in Wonderland—convinces investigators he&’s lying. Presiding over the case against Professor Cranmer, U.S. District Judge David Norcross fears his daily confrontation with evil has made him too jaded to become a husband and father. His girlfriend, Claire Lindemann, teaches in the same department as the defendant and is convinced of his innocence. Soon, she will take matters into her own hands. Meanwhile—with his love life in turmoil and his plans for the future on hold—a personal tragedy leaves Norcross responsible for his two young nieces. Unbeknownst to him, a vengeful child predator hovers over his new family, preparing to strike. Michael Ponsor&’s debut novel, The Hanging Judge, was praised by retired Supreme Court justice John Paul Stevens for reminding readers &“that the judicial process is not infallible&” and by Pulitzer Prize–winning author Tracy Kidder for bearing &“the heft of authenticity.&” The One-Eyed Judge again draws on Ponsor&’s thirty years as a US district judge, offering readers an insider&’s view of one of the most harrowing kinds of cases faced by the courts. Fast-paced, thrilling, and thought-provoking, this is legal fiction at its most realistic and compelling. The One-Eyed Judge is the 2nd book in the Judge Norcross Novels, but you may enjoy reading the series in any order.

The Open Incubator Model: Entrepreneurship, Open Innovation, and Economic Development in the Periphery

by Ilan Bijaoui

The Open Incubator Model.

The Open Society and Its Animals (The Palgrave Macmillan Animal Ethics Series)

by Janneke Vink

This book is an interdisciplinary study centred on the political and legal position of animals in liberal democracies. With due concern for both animals and the sustainability of liberal democracies, The Open Society and Its Animals seeks to redefine animals’ political-legal position in the most successful political model of our time. Advancements in modern science point out that many animals are sentient and that, like humans, they have certain elementary interests. The revised perception of animals as beings with elementary interests raises questions concerning the liberal democratic institutional framework: does a liberal democracy have a responsibility towards the animals on its territory, and if so, what kind? Do animals need legal animal rights and lawyers to represent them in court, and should they also be represented in parliament? And how much change of this kind could a liberal democracy really endure? Vink addresses these and other pressing questions relating to the political and legal position of animals in this persuasive and authoritative work, compelling us to reconsider the relationship between the open society and the animals in it.

The Opening Statement of the Prosecution in International Criminal Trials: A Solemn Tale of Horror

by Sofia Stolk

This book addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.

The Ophelia Cut: A Novel (Dismas Hardy #14)

by John Lescroart

WHEN A BRUTAL RAPIST IS MURDERED, A LOVING FATHER STANDS ACCUSED OF THE CRIME. DEFENSE ATTORNEY DISMAS HARDY MUST DEFEND HIS BROTHER-IN-LAW AND OLD FRIEND MOSES McGUIRE IN A THRILLING CASE THAT HITS FAR TOO CLOSE TO HOME. Moses McGuire has good reason to be concerned about his beautiful twenty-three-year-old daughter, Brittany. She moves quickly from one boyfriend to the next, and always seems to prefer a new and mysterious stranger to a man she knows something about. But her most recent ex, Rick Jessup, isn't willing to let her go, culminating in a terrible night when Brittany is raped. Within twenty-four hours, Rick Jessup is dead, Moses McGuire is the prime suspect in the investigation, and Dismas Hardy has been hired to defend his brother-in-law. Making things even more complicated, McGuire has fallen off the wagon, and his stay in prison could bring to light old secrets that would destroy Hardy and his closest colleagues' careers. As the overwhelming evidence against McGuire piles up, Dismas Hardy focuses on planting doubt in the minds of the jurors--until, in a feat of legal ingenuity that is staggering in both its implications and its simplicity, Hardy sees a new way forward that might just save them all. But at what price? For the first time since 2009, Dismas Hardy, the author's most beloved protagonist, returns in a masterful novel that showcases Lescroart's extraordinary story-telling gifts: a cast of flesh-and-blood characters, morally complex situations, and relentless, nail-biting suspense.

The Ophelia Cut: A page-turning crime thriller filled with darkness and suspense (Dismas Hardy #14)

by John Lescroart

The most personal case of Hardy's career...New York Times bestselling author John Lescroart's most beloved protagonist returns in a masterful novel showcasing all of Lescroart's extraordinary storytelling skills. Perfect for fans of Lee Child and John Sandford. 'Nothing short of magic, dark and delicious. The Ophelia Cut is the work of a master at the top of his game' - William Kent KruegerWhen Moses McGuire's daughter is raped by her ex-boyfriend, Rick Jessup, he vows to get his revenge. So when Rick is found dead the next day, Moses is arrested for murder. Dismas Hardy has no hesitation in defending his old friend but as the evidence against him starts piling up Hardy can't help wondering, what if he's actually guilty? And to make matters even more complicated, the case threatens to bring to light an old secret that could destroy Hardy's career. With the trial going against him, Hardy must draw on all his legal ingenuity until he sees a new way forward that might just save them all. But at what price?The Ophelia Cut pits lifelong friends against one another, where truth does not always lead to justice and where long buried secrets still have the power to redeem or destroy.What readers are saying about The Ophelia Cut:'Brilliant legal thriller in true Lescroart style and quality''Smooth writing, fabulous descriptions, amazing dialogue and gripping pacing''Lescroart masterfully weaves a complex plot that keeps the reader guessing throughout the book'

The Ophelia Paradox: An Inquiry into the Conduct of Our Lives

by Mortimer R. Kadish

In Shakespeare's Hamlet, when Ophelia tells King Claudius, "Lord, we know what we are, but know not what we may be," she implies more than that we can never know what will happen next, that we have no grounds on which to make significant decisions in the conduct of our lives. She herself had done little or nothing to bring about her present state. Now she is quite mad. Claudius, too, could never have guessed where he would end. Yet the rest of us, although not significantly more knowing than they, profess to think we can actually make Me decisions which genuinely good reasons will support.Experience seems to have convinced us that, deficient in self-knowledge though we may be, sometimes the arrow of decision reaches its mark. Kadish examines how decisions hi the conduct of our lives are possible, how they may be justified, and what the limits of that justification might be for a self that defines itself in a context of social change. Although the need for self-justification tends to be regarded as a weakness, this book suggests that it may also be regarded as the inevitable outcome of the desire to make justifiable decisions, those for which on reflection one can approve oneself.The prime problem of the conduct of life, according to Kadish, is to say when one can and when one cannot justify oneself for one's conduct not to others but to oneself. He proposes that through self judgment individuals develop that very self-interest in virtue of which they endeavor to choose one course of action rather than another. He proposes also that they justify and form themselves through their self-identification as members of communities in conflict and in process of transformation. From this difficult social and human condition the basic problems of ethical and social theory, together with the possibility of a theory of good reasons, are held to arise.In the present time of discontent and emphasis on change hi social, economic, and political life, The Ophelia Paradox has a particular pertinence to the prospects for resolving the basic issues of conduct. It should be of interest to philosophers, sociologists, and psychologists, and of special relevance to anyone concerned with the interrelationships of ethics, art, and law.

The Order of Genocide

by Scott Straus

The Rwandan genocide has become a touchstone for debates about the causes of mass violence and the responsibilities of the international community. Yet a number of key questions about this tragedy remain unanswered: How did the violence spread from community to community and so rapidly engulf the nation? Why did individuals make decisions that led them to take up machetes against their neighbors? And what was the logic that drove the campaign of extermination? According to Scott Straus, a social scientist and former journalist in East Africa for several years (who received a Pulitzer Prize nomination for his reporting for the Houston Chronicle), many of the widely held beliefs about the causes and course of genocide in Rwanda are incomplete. They focus largely on the actions of the ruling elite or the inaction of the international community. Considerably less is known about how and why elite decisions became widespread exterminatory violence. Challenging the prevailing wisdom, Straus provides substantial new evidence about local patterns of violence, using original research-including the most comprehensive surveys yet undertaken among convicted perpetrators-to assess competing theories about the causes and dynamics of the genocide. Current interpretations stress three main causes for the genocide: ethnic identity, ideology, and mass-media indoctrination (in particular the influence of hate radio). Straus's research does not deny the importance of ethnicity, but he finds that it operated more as a background condition. Instead, Straus emphasizes fear and intra-ethnic intimidation as the primary drivers of the violence. A defensive civil war and the assassination of a president created a feeling of acute insecurity. Rwanda's unusually effective state was also central, as was the country's geography and population density, which limited the number of exit options for both victims and perpetrators. In conclusion, Straus steps back from the particulars of the Rwandan genocide to offer a new, dynamic model for understanding other instances of genocide in recent history-the Holocaust, Armenia, Cambodia, the Balkans-and assessing the future likelihood of such events.

The Ordering of Justice: A Study of Accused Persons as Dependants in the Criminal Process

by Patricia Baranek Richard Ericson

From the point of his arrest through to the final disposition of his case, the authors follow the accused as he proceeds through the criminal control system. They draw a picture of one who is dependent upon the orders and decisions of the police, crown attorney, defence lawyer, and judge and not a defendant with significant autonomy. Substudies conducted under a program of the Centre of Criminology provide empirical material on patrol police, detectives, crown attorneys and defence lawyers and are complemented by the authors’ own interviews of accused persons. They produce a unique picture of the person who stands accused: unlike the official agents who are regular and experienced participants in the criminal process, the accused is a ‘one-shot’ player.As a dependant he is subject to the orders and decisions of the official criminal control agents; he fails to exercise what appear externally as his formal rights because the apparent costs exceed the advantages. He complies with police searches, fails to remain silent, fails to call a third party, gives a statement, often does not obtain a lawyer, routinely accepts his lawyer’s advice, rarely demands a trial, often remains silent in court, and very rarely considers an appeal. The ordering which the accused meets out of court is reproduced in the public forum of the court. Through the display of formal legal rationality there and in the belief that matters ‘could have been a lot worse,’ he experiences the ‘majesty, justice, and mercy’ of the criminal process and, in turn, accords legitimacy to the actions taken against him. The authors discuss prospects for changing the criminal process and conclude that the range of reforms that have been advocated, and sometimes implemented, does not lead to an alteration of the accused’s position within the ordering of justice because the system is not truly adversarial. Rather, it serves the interests of the state in ordering the population as well as professional interests of those who man the system.

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