This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Recent years have witnessed growing scholarly interest in the history of death. Increasing academic attention toward death as a historical subject in its own right is very much linked to its pre-eminent place in 20th-century history, and Germany, predictably, occupies a special place in these inquiries. This collection of essays explores how German mourning changed over the 20th century in different contexts, with a particular view to how death was linked to larger issues of social order and cultural self-understanding. It contributes to a history of death in 20th-century Germany that does not begin and end with the Third Reich.

The role of capital punishment in America has been criticised by those for and against the death penalty, by the judiciary, academics, the media and by prison personnel. This book demonstrates that it is the inconsistent and often incoherent jurisprudence of the United States Supreme Court which accounts for a system so lacking in public confidence. Using case studies, Kenneth Williams examines issues such as jury selection, ineffective assistance of counsel, the role of race and claims of innocence which affect the Court's decisions and how these decisions are played out in the lower courts, often an inmate's last recourse before execution. Discussing international treaties and their lack of impact on capital punishment in America, this book has international appeal and makes an important contribution to legal scholarship. It also provides a unique understanding of the dynamics of an alarmingly problematic system and will be valuable to those interested in human rights and criminal justice.

Examining the automatic writing of the spiritualist seances, discursive technologies like the telegraph and the photograph, various genres and late nineteenth-century mental science, this book shows the failure of writers' attempts to use technology as a way of translating the supernatural at the fin de siecle. Hilary Grimes shows that both new technology and explorations into the ghostly aspects of the mind made agency problematic. When notions of agency are suspended, Grimes argues, authorship itself becomes uncanny. Grimes's study is distinct in both recognizing and crossing strict boundaries to suggest that Gothic literature itself resists categorization, not only between literary periods, but also between genres. Treating a wide range of authors - Henry James, Rudyard Kipling, Arthur Conan Doyle, George Du Maurier, Vernon Lee, Mary Louisa Molesworth, Sarah Grand, and George Paston - Grimes shows how fin-de-siecle works negotiate themes associated with the Victorian and Modernist periods such as psychical research, mass marketing, and new technologies. With particular attention to texts that are not placed within the Gothic genre, but which nevertheless conceal Gothic themes, The Late Victorian Gothic demonstrates that the end of the nineteenth century produced a Gothicism specific to the period.

Shedding light on the relationship between violence and contemporary society, this volume explores the distinctive but little-known theories of violence in the work of Georges Bataille and Jean Baudrillard, applying these to a range of violent events - events often labelled 'inexplicable' - in order to show how even the most extreme of acts can be seen as socially meaningful. The book offers an understanding of violence as fundamental to social relations and social organisation, departing from studies that focus on individual offenders and their psychological states to concentrate instead on the symbolic relations or exchanges between agents and between agents and the structures they find themselves inhabiting. Developing the notion of symbolic economies of violence to emphasise the volatility and ambivalence of social exchanges, Violence, Society and Radical Theory reveals the importance to our understanding of violence, of the relationship between the structural or systemic violence of consumer capitalist society and forms of 'counter-violence' which attack this system. A theoretically rich yet grounded expansion of that which can be considered meaningful or thinkable within sociological theory, this ground-breaking book will appeal to scholars and students of social and political theory and contemporary philosophy.

Focusing on the role of genre in the formation of dominant conceptions of death and dying, Desiree Henderson examines literary texts and social spaces devoted to death and mourning in eighteenth- and nineteenth-century America. Henderson shows how William Hill Brown, Susanna Rowson, and Hannah Webster borrowed from and challenged funeral sermon conventions in their novelistic portrayals of the deaths of fallen women; contrasts the eulogies for George Washington with William Apess's "Eulogy for King Philip" to expose conflicts between national ideology and indigenous history; examines Frederick Douglass's use of the slave cemetery to represent the costs of slavery for African American families; suggests that the ideas about democracy materialized in Civil War cemeteries and monuments influenced Walt Whitman's war elegies; and offers new contexts for analyzing Elizabeth Stuart Phelps's The Gates Ajar and Emily Dickinson's poetry as works that explore the consequences of female writers claiming authority over the mourning process. Informed by extensive archival research, Henderson's study eloquently speaks to the ways in which authors adopted, revised, or rejected the conventions of memorial literature, choices that disclose their location within decisive debates about appropriate gender roles and sexual practices, national identity and citizenship, the consequences of slavery, the nature of democratic representation, and structures of authorship and literary authority.

How do twentieth and twenty-first century artists bring forth the powerful reality of death when it exists in memory and lived experience as something that happens only to others? Death in American Texts and Performances takes up this question to explore the modern and postmodern aesthetics of death. Working between and across genres, the contributors examine literary texts and performance media, including Robert Lowell's For the Union Dead, Luis Valdez' Dark Root of a Scream, Amiri Baraka's Dutchman, Thornton Wilder's Our Town, John Edgar Wideman's The Cattle Killing, Toni Morrison's Sula and Song of Solomon, Don DeLillo's White Noise and Falling Man, and HBO's Six Feet Under. As the contributors struggle to convey the artist's crisis of representation, they often locate the dilemma in the gap between artifice and nature, where loss is performed and where re-membering is sometimes literally reenacted through the bodily gesture. While artists confront the impossibility of total recovery or transformation, so must the contributors explore the gulf between real corpses and their literary or performative reconstructions. Ultimately, the volume shows both artist and critic grappling with the dilemma of showing how the aesthetics of death as absence is made meaningful in and by language.

The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

Death affects all aspects of life, it touches our emotions and influences our identity. Presenting a kaleidoscope of informative views of death, dying and human response, this book reveals how different disciplines contribute to understanding the theme of death. Drawing together new and established scholars, this is the first book among the studies of emotion that focuses on issues surrounding death, and the first among death studies which focuses on the issue of emotion. Themes explored include: themes of grief in the ties that bind the living and the dead, funerals, public memorials and the art of consolation, obituaries and issues of war and death-row, use of the internet in dying and grieving, what people do with cremated remains, new rituals of spiritual care in medical contexts, themes bounded and expressed through music, and more.

As the use of human body parts has become increasingly commercialized, a need has arisen for new approaches to regulation that moves beyond the paradigm of altruism. During the course of this discussion, the notion of property has become a key concept. Focusing on practical and conceptual perspectives, the multidisciplinary group of authors, which includes specialists in philosophy, law, sociology, biology and medicine, have come together with practicing lawyers to consider both legal provisions and patterns of regulation in countries across Europe. Identifying divergences between different legal traditions, the authors explore various conceptual models which could be used to improve and to guide policy making. With this twin focus on practical and conceptual perspectives, this volume sets the standard for a detailed and innovative discussion of issues surrounding the regulation of research on human tissue.

This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse. The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the 'death row phenomenon' and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.

The regulation of the body provides an important concern in law, medical practice and culture. This volume contributes to existing research in the area by encouraging experts from a range of related disciplines to consider the legal, cultural and medical ways in which we regulate the body, further exploring how conceptions of self, liberalism, property and harm inform and influence contentious legal and ethical questions about what we can and cannot do to or with our own bodies.

There has been a general assumption in the international debate surrounding organ procurement that Presumed Consent (opting-out) systems produce better results than Express Consent (opting-in) systems. This study uses the French case to challenge this widely held assumption and argues that the French presumed consent systems coexist with patterns of behaviour that in practice do not mobilize the law. It explores four key areas to current research in socio-legal studies focussing on the state and nature of social solidarity, social engineering and the changing nature of the citizen-state relations, state intervention in the event of death and discretion in use of corpses and recent modifications of the status of medical professionals as figures of authority and agents of state policy. Using material based on interviews with medical professionals, this title will be a valuable resource for researchers, academics, policy-makers and practitioners with an interest in this complex and topical subject.

The analogy of the torn fabric was first used by the author in response to a bereaved mother's cry: "I know what grief feels like; I don't know what it looks like." In "Mending the Torn Fabric: For Those Who Grieve and Those Who Want to Help Them", the author expands the metaphor to include earlier and future or potential losses as well as losses associated with the death that may be unrecognized or minimized. This book includes chapters that examine complications that may be present or may arise, suggestions for mending even the most torn fabric, and a chapter dedicated to friends who want to help. Stories bereaved persons have shared with the author through the years are interspersed throughout the book to provide examples of loss and mending.

Coming at a time of renewed interest in the developmental changes of the life cycle, Psychotherapy and the Widowed Patient is a rich resource that examines the impact of a spouse's death on an individual's mental health. Psychiatrists and psychoanalysts address a wide range of issues concerning loss, grief, and bereavement, and provide practical and creative approaches for both widowed persons and the helping professionals charged with treating their grief. Chapters in this compassionate volume discuss the characteristics of individuals who are more likely to seek professional help in coping with grief, widowhood as a time of growth and development, the value of openness instead of denial in dealing with death, the grieving process in young widowed spouses, the similarities of widowhood to separation and divorce, the role of dependency in how well widowed patients develop emotionally, and the role of loyalty in the process of grief. The more clinical chapters examine strategies for carrying out experiential psychotherapy with widowed patients, rational-emotive therapy, grief therapy, the effects of new perspectives on spousal bereavement on clinical practice, and aspects of bereavement response to loss, with a timeframe for viewing psychotherapeutic intervention. A review of the psychological literature regarding widowhood completes this comprehensive new book.

Examining the compelling and often poignant connection between women and the material culture of death, this collection focuses on the objects women make, the images they keep, the practices they use or are responsible for, and the places they inhabit and construct through ritual and custom. Women's material practices, ranging from wearing mourning jewelry to dressing the dead, stitching memorial samplers to constructing skull boxes, collecting funeral programs to collecting and studying diseased hearts, making and collecting taxidermies, and making sculptures honoring the death, are explored in this collection as well as women's affective responses and sentimental labor that mark their expected and unexpected participation in the social practices surrounding death and the dead. The largely invisible work involved in commemorating and constructing narratives and memorials about the dead-from family members and friends to national figures-calls attention to the role women as memory keepers for families, local communities, and the nation. Women have tended to work collaboratively, making, collecting, and sharing objects that conveyed sentiments about the deceased, whether human or animal, as well as the identity of mourners. Death is about loss, and many of the mourning practices that women have traditionally and are currently engaged in are about dealing with private grief and public loss as well as working to mitigate the more general anxiety that death engenders about the impermanence of life.

While immensely popular in the eighteenth century, current critical wisdom regards graveyard poetry as a short-lived fad with little lasting merit. In the first book-length study of this important poetic mode, Eric Parisot suggests, to the contrary, that graveyard poetry is closely connected to the mid-century aesthetic revision of poetics. Graveyard poetry's contribution to this paradigm shift, Parisot argues, stems from changing religious practices and their increasing reliance on printed material to facilitate private devotion by way of affective and subjective response. Coupling this perspective with graveyard poetry's obsessive preoccupation with death and salvation makes visible its importance as an articulation or negotiation between contemporary religious concerns and emerging aesthetics of poetic practice. Parisot reads the poetry of Robert Blair, Edward Young and Thomas Gray, among others, as a series of poetic experiments that attempt to accommodate changing religious and reading practices and translate religious concerns into parallel reconsiderations of poetic authority, agency, death and afterlife. Making use of an impressive body of religious treatises, sermons and verse that ground his study in a precise historical moment, Parisot shows graveyard poetry's strong ties to seventeenth-century devotional texts, and most importantly, its influential role in the development of late eighteenth-century sentimentalism and Romanticism.

Death in Medieval Europe: Death Scripted and Death Choreographed explores new cultural research into death and funeral practices in medieval Europe and demonstrates the important relationship between death and the world of the living in the Middle Ages. Across ten chapters, the articles in this volume survey the cultural effects of death. This volume explores overarching topics such as burials, commemorations, revenants, mourning practices and funerals, capital punishment, suspiscious death, and death registrations using case studies from across Europe including England, Iceland, and Spain. Together these chapters discuss how death was ritualised and choreographed, but also how it was expressed in writing throughout various documentary sources including wills and death registries. In each instance, records are analysed through a cultural framework to better understand the importance of the authors of death and their audience. Drawing together and building upon the latest scholarship, this book is essential reading for all students and academics of death in the medieval period.

Death and Garden Narratives in Literature, Art and Film: Song of Death in Paradise explores the combination of two motifs, death and gardens, to show how the two subjects are intertwined and used in various media and cultural contexts. Using cultural, literary, film, and art history theories, the contributors analyze various death and garden sceneries in literary works by Arthur Machen, Agatha Christie, J.K. Rowling, as well as in superhero comics, films, and cultural and art contexts such as Ian Hamilton Finley's "Little Sparta," the poetic verses from the Karoo Desert National Botanical Garden in South Africa, and the Australian wilderness.

Talking to the dead and communication with 'the other side' is often presented as a taboo in an increasingly technological and medically advanced world. However, practices of spiritualism and mediumship continue to remain popular and in high demand within contemporary Western societies. This book analyses the practices of today's mediums, who insist on standing at the threshold between life and death, interpreting signs and passing on communications, and asks how such concepts and practices are perceived by contemporary society. Using first-hand material gathered from alternative fairs, mediumistic congresses, seances, and interviews with both practitioners and clients, as well as thorough textual analysis, Anne Kalvig provides a clear overview of the various forms of consumption of mediumship in Western society and places these within a socio-cultural, religious and historical context. She also raises questions as to the controversies surrounding spiritualism and its representation and relationship with popular culture and the media. This book will be of interest to researchers in the field of sociology, religious studies, folklore, media studies and anthropology as well as to anyone interested in the upsurge of contemporary spiritualism, psychic phenomena and the paranormal.

Death in Medieval Europe: Death Scripted and Death Choreographed explores new cultural research into death and funeral practices in medieval Europe and demonstrates the important relationship between death and the world of the living in the Middle Ages. Across ten chapters, the articles in this volume survey the cultural effects of death. This volume explores overarching topics such as burials, commemorations, revenants, mourning practices and funerals, capital punishment, suspiscious death, and death registrations using case studies from across Europe including England, Iceland, and Spain. Together these chapters discuss how death was ritualised and choreographed, but also how it was expressed in writing throughout various documentary sources including wills and death registries. In each instance, records are analysed through a cultural framework to better understand the importance of the authors of death and their audience. Drawing together and building upon the latest scholarship, this book is essential reading for all students and academics of death in the medieval period.

Where are the dead? What are they doing? What kind of a process is dying? What relationships exist among the dead themselves, and between the dead and those in the world they have left behind? Modern philosophers argue that the idea of disembodied survival - to which many believers pay lip service - is incoherent, and that there can be evidence neither for nor against something incoherent. By contrast, this book argues, the idea of an embodied survival (albeit a form of embodiment differing from our present embodiment) makes perfect sense in itself and fits much better with the alleged evidence for post-mortem survival. Exploring post-mortem survival, Where are the Dead? uses a variety of empirical data, alongside mythological, legendary and purely fictional material, to illustrate how the less familiar idea of embodied post-mortem survival might actually 'work' in some real afterlife environment. By asking questions about the nature and whereabouts of the afterlife, and about what it might be like to be dead, the book explores themes nowadays relatively neglected even in disciplines explicitly concerned with ideas about death, dying and life after death.

In most of the world, the transition from life to death is a time of intense presence of states and other forms of authority. Focusing on the relationship between bodies and sovereignty, Governing the dead explores how, by whom and with what effects dead bodies are governed in conflict and non-conflict contexts across the world, including an analysis of the struggles over 'proper burials'; the repatriation of dead migrants; abandoned cemeteries; exhumations; 'feminicide'; the protection of dead drug-lords; and the disappeared dead. Mapping theoretical and empirical terrains, this volume suggests that the management of dead bodies is related to the constitution and membership of states and non-state entities that claim autonomy and impunity. This volume is a significant contribution to studies of death, power and politics. It will be useful at both undergraduate and postgraduate levels in anthropology, sociology, law, criminology, political science, international relations, genocide studies, history, cultural studies and philosophy. The research program leading to this publication has received funding from the European Research Council under the European Union's Seventh Framework Programme (FP/2007-2013) / ERC Grant Agreement n Degrees 283-617. -- .

This groundbreaking book is the first collection to investigate the law, political science and ethical perspectives collectively in relation to the right and value of life. Its contributions from international roster of scholars are organized around five themes: a theoretical positioning of life and death; War, armed conflict and detention; Death as punishment; Medical parameters for ending life; and medical policies for the preservation of life. In studying this issue in its contemporary contexts of "right" and "value," the volume fills the current scholarly lacuna in the general subject of the orientations of life. It presents a much-needed examination of key issues in a broad practical and theoretical context, and holds broad appeal for scholars, researchers, and students occupied with issues of war, armed conflict, the death penalty, and various contemporary medico-legal scenarios.

In October 1994, fifty-three members of the Order of the Solar Temple in Switzerland and Quebec were murdered or committed suicide. This incident and two later group suicides in subsequent years played a pivotal role in inflaming the cult controversy in Europe, influencing the public to support harsher actions against non-traditional religions. Despite the importance of the Order of the Solar Temple, there are relatively few studies published in English. This book brings together the best scholarship on the Solar Temple including newly commissioned pieces from leading scholars, a selection of Solar Temple documents, and important previously published articles newly edited for inclusion within this book. This is the first book-length study of the Order of the Solar Temple to be published in English.