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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Disability, Criminal Justice and Law - Reconsidering Court Diversion (Paperback)
Loot Price: R1,460
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Disability, Criminal Justice and Law - Reconsidering Court Diversion (Paperback)
Series: Social Justice
Expected to ship within 12 - 17 working days
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Through theoretical and empirical examination of legal frameworks
for court diversion, this book interrogates law's complicity in the
debilitation of disabled people. In a post-deinstitutionalisation
era, diverting disabled people from criminal justice systems and
into mental health and disability services is considered
therapeutic, humane and socially just. Yet, by drawing on
Foucauldian theory of biopolitics, critical legal and political
theory and critical disability theory, Steele argues that court
diversion continues disability oppression. It can facilitate
criminalisation, control and punishment of disabled people who are
not sentenced and might not even be convicted of any criminal
offences. On a broader level, court diversion contributes to the
longstanding phenomenon of disability-specific coercive
intervention, legitimates prison incarceration and shores up the
boundaries of foundational legal concepts at the core of
jurisdiction, legal personhood and sovereignty. Steele shows that
the United Nations Convention on the Rights of Persons with
Disabilities cannot respond to the complexities of court diversion,
suggesting the CRPD is of limited use in contesting carceral
control and legal and settler colonial violence. The book not only
offers new ways to understand relationships between disability,
criminal justice and law; it also proposes theoretical and
practical strategies that contribute to the development of a wider
re-imagining of a more progressive and just socio-legal order. The
book will be of interest to scholars and students of disability
law, criminal law, medical law, socio-legal studies, disability
studies, social work and criminology. It will also be of interest
to disability, prisoner and social justice activists.
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