Legal Violence and the Limits of the Law

Cruel and Unusual

Nonfiction, Reference & Language, Law, Jurisprudence, Criminal law
Cover of the book Legal Violence and the Limits of the Law by , Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9781317602101
Publisher: Taylor and Francis Publication: August 10, 2017
Imprint: Routledge Language: English
Author:
ISBN: 9781317602101
Publisher: Taylor and Francis
Publication: August 10, 2017
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book John Clare's Religion by
Cover of the book Anglo-American Strategic Relations and the Far East, 1933-1939 by
Cover of the book Progress, Poverty and Population by
Cover of the book Russian Culture in the Age of Globalization by
Cover of the book Untranslatability by
Cover of the book Julian of Norwich by
Cover of the book Prospect and Refuge in the Landscape of Jane Austen by
Cover of the book Citizenship, Democracy and Justice in the New Europe by
Cover of the book Globalism, Localism and Identity by
Cover of the book Economic Integration in the Americas by
Cover of the book Crime, Risk and Insecurity by
Cover of the book Party Politics in Japan by
Cover of the book White Terror by
Cover of the book Temperament (PLE: Emotion) by
Cover of the book Ethics and Medical Decision-Making by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy