What is the epistemological value of testimony? What role does language, images, and memory play in its construction? What is the relationship between the person who attests and those who listen? Is bearing witness a concept that is exclusively based in interpersonal relations? Or are there other modes of communicating or mediating to constitute a constellation of testimony? Testimony/Bearing Witness establishes a dialogue between the different approaches to testimony in epistemology, historiography, law, art, media studies and psychiatry. With examples including the Holocaust, the Khmer Rouge and the Armenian genocide the volume discusses the chances and limits of communicating epistemological and ethical, philosophical and cultural-historical, past and present perspectives on the phenomenon and concept of bearing witness.

The yearning for historical justice - that is, for the redress of past wrongs - has become one of the defining features of our age. Governments, international bodies and civil society organisations address historical injustices through truth commissions, tribunals, official apologies and other transitional justice measures. Historians produce knowledge of past human rights violations, and museums, memorials and commemorative ceremonies try to keep that knowledge alive and remember the victims of injustices. In this book, researchers with a background in history, archaeology, cultural studies, literary studies and sociology explore the various attempts to recover and remember the past as a means of addressing historic wrongs. Case studies include sites of persecution in Germany, Argentina and Chile, the commemoration of individual victims of Nazi Germany, memories of life under South Africa's apartheid regime, and the politics of memory in Israel and in Northern Ireland. The authors critique memory, highlight silences and absences, explore how to engage with the ghosts of the past, and ask what drives individuals, including professional historians, to strive for historical justice. This book was originally published as a special issue of Rethinking History.

An inside look at the struggles former prisoners face in reentering society Every year, roughly 650,000 people prepare to reenter society after being released from state and federal prisons. In Halfway House, Liam Martin shines a light on their difficult journeys, taking us behind the scenes at Bridge House, a residential reentry program near Boston, Massachusetts. Drawing on three years of research, Martin explores the obstacles these former prisoners face in the real world. From drug addiction to poverty, he captures the ups and downs of life after incarceration in vivid, engaging detail. He shows us what, exactly, it is like to live in a halfway house, giving us a rare, up-close view of its role in a dense and often confusing web of organizations governing prisoner reentry. Martin asks us to rethink the possibilities-and pitfalls-of using halfway houses to manage the worst excesses of mass incarceration. A portrait of life in the long shadow of the carceral state, Halfway House lets us see the struggles of reentry through the eyes of former prisoners.

The law relating to recourse is always changing, but the present period is notable for the number of countries whose law has recently undergone, is now undergoing, or is about to undergo extensive reform. This makes the comparison of differing systems particularly difficult. This book is the second volume in the series "Civil Procedure in Europe." It gives a comparative overview of the systems of recourse against civil judgments actually in operation in 14 countries of the European Union. The reports were written against the background of a document originally circulated in July 1995, but each of them remains the original work of its individual author. The contributions are written by national expects distinguished in the field of civil procedural law. The main reports are written in English, French, German and in one case Spanish, and are followed by summaries in the remaining languages. Extensive bibliographies have been included, to enable the reader to find material for further study. The national reports systematically address the following: a description of the right of appeal in each country; the nature and scope of the appeal against first and second instance judgments; enforceability of Judgment subject to recourse; and default judgments. Recourse against judgments covers the following countries: Austria, Belgium, Denmark, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, The Netherlands, Portugal, Spain and Sweden.

This book re-examines fundamental assumptions about the American legal profession and the boundaries between 'professional' lawyers, 'lay' lawyers, and social workers. Putting legal history and women's history in dialogue, it demonstrates that nineteenth-century women's organizations first offered legal aid to the poor and that middle-class women functioning as lay lawyers, provided such assistance. Felice Batlan illustrates that by the early twentieth century, male lawyers founded their own legal aid societies. These new legal aid lawyers created an imagined history of legal aid and a blueprint for its future in which women played no role and their accomplishments were intentionally omitted. In response, women social workers offered harsh criticisms of legal aid leaders and developed a more robust social work model of legal aid. These different models produced conflicting understandings of expertise, professionalism, the rule of law, and ultimately, the meaning of justice for the poor.

First published in 1992, Crime, Criminal Justice and the Probation Service is a thought-provoking analysis of the role of the probation service in developing an integrated system of criminal justice. Robert Harris provides readable information about our knowledge of such areas as criminal statistics, victims, fear of crime and crime prevention. He also explores the treatment of women and ethnic minorities by the criminal justice system, the question of a sentencing council and the future of community corrections. A central theme is that all the professionals involved in the criminal justice system must work more closely together so that the mistakes of the past can be avoided in the future. The book therefore has a wide appeal not only to probation officers and social workers, but also to criminal justice professionals and administrators, including the police and the legal profession.

This book offers a sustained study of one feature of the prison officer's job: the threat and use of force, which the author calls 'doing' coercion. Adopting an interactionist, micro-sociological perspective, the author presents new research based on almost two years of participant observation within an Italian custodial complex hosting both a prison and a forensic psychiatric hospital. Based on observation of emergency squad interventions during so-called 'critical events', together with visual methods and interviews with staff, 'Doing' Coercion in Male Custodial Settings constitutes an ethnographic exploration of both the organisation and the implicit and explicit practices of threatening and/or 'doing' coercion. With a focus on the lawful yet problematic and discretionary threatening and 'doing' of coercion performed daily on the landing, the author contributes to the growing scholarly literature on power in prison settings, and the developing field of the micro-sociology of violence and of radical interactionism. As such, it will appeal to scholars of sociology, anthropology and criminology with interests in prisons, power and violence in institutions, and visual methods.

Part of ABC-CLIO's groundbreaking About State Government set, this volume is the first comprehensive resource to focus exclusively on judicial politics at the state level, covering all 50 states and demonstrating the profound influence state courts have on American life. The Judicial Branch of State Government: People, Process, and Politics reveals the workings of a network of courts that generate tremendous legal activity and yet have not previously been the focus of a comprehensive, in-depth reference. Beginning with the origins of American law, this volume examines the many different types of state court cases, legal decision-making processes, court administration procedures and personnel, and political issues such as judicial selection and funding. A concluding section summarizes the structure and mechanisms of the court systems of each of the 50 states. Filling a major reference need, the titles in ABC-CLIO's About State Government set offer comprehensive coverage of contemporary American politics at the state level. Each of the three volumes focuses on a specific governmental branch, providing both general information and comparative details of how that branch operates in each state. Written by scholars in the study of law and politics-all experts on the structure, function, and societal impact of state courts Provides numerous tables and graphs to help readers comprehend the complexities of each state's court system

Collaborative practice is a new method of dispute resolution, used mainly in family law matters. By taking a non-adversarial approach, it challenges the strictly positivist view of the lawyer as 'zealous advocate' for the client. As such, it has received much criticism from the established Bar and legal profession. This book provides a doctrinal and empirical analysis of collaborative practice with a view to assessing its place within the dispute resolution continuum and addressing whether this criticism has been justified. It begins by establishing the theoretical underpinnings of conflict and differing approaches to conflict resolution, the impact of the comprehensive law movement and therapeutic jurisprudence. The origins and development of the collaborative process and the framework it provides for a multidisciplinary approach to conflict resolution is outlined. The book addresses the examination of the process undertaken in the lead up to the enactment of the Uniform Collaborative Law Act in 2010; now regarded as a model of best practice. Finally, through an examination of empirical research undertaken in the US, Canada and in England and Wales, and in presenting the results of the first known empirical research into the process in an Irish family law context, the book concludes with an evidenced based analysis of the process from the perspective of couples who chose to use the collaborative model to resolve the issues surrounding their relationship breakdown, collaborative lawyers and lawyers who do not advocate a non-adversarial approach. As such this book provides a valuable insight into the process which will be of interest to: academics; practising lawyers; members of the judiciary; researchers in the fields of conflict resolution and family law and for students studying alternative dispute resolution (ADR).

Whilst educational theory has developed significantly in recent years, much of the law curriculum remains content-driven and delivered traditionally, predominantly through lecture format. Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law draws on the experience of teachers, practitioners and students across the world who are committed to developing a more effective learning process. Little attention has, historically, been paid to the importance of the application of theory, the role of reflective learning, the understanding and acquisition of lawyering skills and the development of professional responsibility and wider ethical values. With contributions from across the global north and south, this book examines the history of educating our lawyers, the influences and constraints that may shape the curriculum, the means of delivering it and the models that could be used to tackle current shortcomings. The whole is intended to represent what might be desirable and possible if we are to produce lawyers that are fit for purpose in the 21st century, be that in either in civil or common law jurisdictions. This book will be of direct assistance to those who wish to understand the theory and practice of legal pedagogy in an experiential context. It will be essential reading for academics, researchers and teachers in the fields of law and education, particularly those concerned with curriculum design and developing interactive teaching methods. It is likely to be of interest to law students too - particularly those who value a more direct engagement in their learning.

Worker Injury Third Party Cases: Recognizing and Proving Liability is a practical resource that helps lawyers and others identify viable third party theories of liability in worker injury cases. It helps attorneys make what is perhaps their most important economic decision - knowing when to accept and when to reject a new case. This book provides information to help both plaintiff and defense attorneys recognize the strengths and weaknesses of their case. It aims to reinforce the notion that litigation is truly a search for truth and justice. Part I provides an understanding of what should be done to implement the overall job site safety program. Parts II and III aid in identifying and preparing injury cases related to construction and premise cases Part IV should be helpful in products cases. Part V includes chapters of general interest. Many chapters include lists of questions which can be used in deposition or cross examination of defendants and experts. It serves as a practical resource for all parties in a wide variety of worker injury cases.

Next to a tax audit, one of the most daunting events in life has to be a legal deposition. The nervousness you felt when you learned you were to be called to testify, turns to absolute panic when you walk into a room full of lawyers, court stenographers, and opponents in the legal proceedings. You know that anything and everything you say will be examined under a microscope and that any inconsistencies or misstatements may lead to costly consequencies. Yes, there is a reason for that quiver in your voice. Finally, there is some help. Fred Friedberg, a noted lawyer in a corporate practice, offers an easy to read, concise, and helpful handbook for those who are facing a legal deposition. It takes them step by step through the process, from the basic ground rules to the follow-up. It covers the many "dos and don'ts" in plain language, and with the aid of humor explores the pitfalls and mistakes that you will face and how to avoid them. When you are finished reading it you will be able to face the process with the confidence that comes from understanding. In our litigious society, thousands of people face this ordeal every year. This book is designed for them. Every law firm in the country should have copies available for their clients.

Despite broad scholarship documenting the compounding effects and self-reproducing character of incarceration, ways of conceptualising imprisonment and the post-prison experience have scarcely changed in over a century. Contemporary correctional thinking has congealed around notions of risk and management. This book aims to cast new light on men's experience of release from prison. Drawing on research conducted in Australia, it speaks to the challenges facing people leaving prison and seeking acceptance amongst the non-imprisoned around the world. Johns reveals the complexity of the post-prison experience, which is frequently masked by constructions of risk that individualise responsibility for reoffending and reimprisonment. This book highlights the important role of community in ex-prisoner integration, in providing opportunities for participation and acceptance. Johns shows that the process of becoming an 'ex'-prisoner is not simply one of individual choice or larger structural forces, but occurs in the spaces in between. Being and Becoming an Ex-Prisoner reveals the complex interplay between internal and external meanings and practices that causes men to feel neither locked up, nor wholly free. It will appeal to scholars and students interested in desistance, criminology, criminological or penological theory, sociology and qualitative research methods.

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

In order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust (such as personal financial holdings or family relationships). Getting the GovernmentAmerica Deserves articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law.
Getting the Government America Deserves analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Richard Painter argues that the existing ethics regime is in need of substantial reform since federal ethics laws fail to curtail conduct that undermines the integrity of government, such as political activity by federal employees and their interaction with lobbyists and interest groups. He also contends that in some other areas, such as personal financial conflicts of interest, there is too much complexity in regulatory and reporting requirements, and rules need to be simplified. Painter's solution includes strengthening the enforcement of ethics rules, reforming the lobbying industry, and changing a system of campaign finance that impedes meaningful government ethics reform.

High profile miscarriages of justice have become the focus of much recent writing on criminal justice. Such literature ignores an important paradox: when justice is contested and uncertain, how can we speak meaningfully of miscarriage of justice? This book addresses this question, and finds an answer to it in the relationship between the legal construction of criminal justice, most notably that of trials and appeals, and the reporting of these in the media.

This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution.

The growing body of work on imprisonment, desistance and rehabilitation has mainly focused on policies and treatment programmes and how they are delivered. Experiencing Imprisonment reflects recent developments in research that focus on the active role of the offender in the process of justice. Bringing together experts from around the world and presenting a range of comparative critical research relating to key themes of the pains of imprisonment, stigma, power and vulnerability, this book explores the various ways in which offenders relate to the justice systems and how these relationships impact the nature and effectiveness of their efforts to reduce offending. Experiencing Imprisonment showcases cutting-edge international and comparative critical research on how imprisonment is experienced by those people living and working within imprisonment institutions in North America and Northern, Central and Eastern Europe, as well as Scandinavia. The research explores the subjective experience of imprisonment from the perspective of a variety of staff and prisoner groups, including juveniles, adult female and male prisoners, older prisoners, sex offenders, wrongfully convicted offenders and newly released prisoners. Offering a unique view of what it is like to be a prisoner or a prison officer, the chapters in this book argue for a prioritisation of understanding the subjective experiences of imprisonment as essential to developing effective and humane systems of punishment. This is essential reading for academics and students involved in the study of criminology, penology and the sociology of imprisonment. It will also be of interest to Criminal Justice practitioners and policymakers around the globe.

Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hearing, opening up a political space within the legal. This volume returns to the Rivonia courtroom to engage with Mandela's masterful performance of resistance and the dramatic core of that transformative event. Cutting across a wide-range of critical theories and discourses, contributors reflect on the personal, spatial, temporal, performative, and literary dimensions of that constitutive event. By redefining the spaces, institutions and discourses of law, contributors present a fresh perspective that re-sets the margins of what can be thought and said in the courtroom.

The question of 'what works' in offender treatment has dominated the field of prisoner re-entry and recidivism research for the last thirty years. One of the primary ways the criminal justice system tries to reduce the rates of recidivism among offenders is through the use of cognitive behavioural programs (CBP) as in-prison intervention strategies. The emphasis for these programs is on the idea that inmates are in prison because they made poor choices and bad decisions. Inmates' thinking is characterized as flawed and the purpose of the program is to teach them to think and act in socially appropriate ways so they will be less inclined to return to prison after their release. This book delves into the heart of one such cognitive behavioural programme, examines its inner workings, its effects on inmates' narrated experience and considers what happens when a CBP of substandard quality and integrity is used as a gateway for inmates' release. Based on original empirical research, this book provides realistic suggestions for improving policy, for reforming current in-prison programs engaging in problematic practices and for instituting alternatives that take the needs of the inmates into greater account. This book is essential reading for students and academics engaged in the study of sociology, criminal justice, prisons, social policy, sentencing and punishment.

Drawing on qualitative and quantitative research from around the world, this book brings together renowned international scholars to explore life-course perspectives on women's imprisonment. Instead of covering only one aspect of women's carceral experiences, this book offers a broader perspective that encompasses women's pathways to prison, their prison experiences and the effects of these experiences on their children's well-being, as well as their subsequent chances of desisting from crime.Encompassing perspectives from the Netherlands, Belgium, Denmark, Scotland, the United States, Ukraine and Sri Lanka, this book uncovers the similarities across time and space in women offenders' life histories and those of their children and examines the differences in women's experiences and trajectories by shedding light on the moderating effects of particular cultural contexts. Lives of Incarcerated Women will be of interest to academics and students engaged in the study of punishment, penology, life-course criminology, women and crime and gender studies. It will also be of great interest to practitioners.

Punishing the Other draws on the work of Zygmunt Bauman to discuss contemporary discourses and practices of punishment and criminalization. Bringing together some of the most exciting international scholars, both established and emerging, this book engages with Bauman's thesis of the social production of immorality in the context of criminalization and social control and addresses processes of 'othering' through a range of contemporary case studies situated in various cultural, political and social contexts. Topics covered include the increasing bureaucratization of the business of punishment with the corresponding loss of moral and ethical reflection in the public sphere; punitive discourses around border control and immigration; and exclusionary discourses and their consequences concerning 'terrorists' and other socially and culturally defined outsiders. Engaging with national and global issues that are more topical now than ever before, this book is essential reading for academics and students of involved in the study of the sociology of punishment, punishment and modern society, the criminal justice system, philosophy and punishment, and comparative criminology and penology.

This book examines important social movements in Hong Kong from the perspectives of historical and cultural studies. Conventionally regarded as one of the most politically stable cities in Asia, Hong Kong has yet witnessed many demonstrations and struggles against the colonial and post-colonial governments during the past one hundred years. Many of these movements were brought about in the name of justice and unfolded against the context of global unrest. Focusing on the local developments yet mindful of the international backdrop, this volume explores the imaginaries of law and order that these movements engendered, revealing a complex interplay among evolving notions of justice, governance, law and order and cultural creations throughout the under-explored history of instability in Hong Kong. Underscoring the apparently contrasting discourses on the relationship among the rule of law, law and order and social movements in Hong Kong, the contributors emphasise the need to re-examine the conventional juxtaposition of the law and civil unrest. Readers who have an interest in Asian studies, socio-political studies, legal studies, cultural studies and history would welcome this volume of unique interdisciplinarity.