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Legal Violence and the Limits of the Law
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Overview of Legal Violence and the Limits of the Law Book
| Title | Legal Violence and the Limits of the Law |
| Author | Amy Swiffen, Joshua Nichols |
| ISBN-13 | 9781138347984 |
| Publication | ROUTLEDGE |
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.
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Overview of Legal Violence and the Limits of the Law Book
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.
Book Type :
Political History
Book Binding :
Not Available
Language :
English
No. of Pages :
192 Pages
ISBN - 10 :
1138347981
ISBN - 13 :
9781138347984
Legal Violence and the Limits of the Law Published On :
14 August 2018
Publisher :
Routledge
Edition :
1st
About Amy Swiffen, Joshua Nichols:
Amy Swiffen, Joshua Nichols is the author of Legal Violence and the Limits of the Law.
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- Table of Contents, Index, Syllabus, summary and image of Legal Violence and the Limits of the Law may be of a different edition or of the same title.
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Overview of Legal Violence and the Limits of the Law Book
| Title | Legal Violence and the Limits of the Law |
| Author | Amy Swiffen, Joshua Nichols |
| ISBN-13 | 9781138347984 |
| Publication | ROUTLEDGE |
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.