With a history marked by incompetence, political maneuvering, and secrecy, America's "most humane" execution method is anything but. From the beginning of the Republic, this country has struggled to reconcile its use of capital punishment with the Constitution's prohibition of cruel punishment. Death penalty proponents argue both that it is justifiable as a response to particularly heinous crimes, and that it serves to deter others from committing them in the future. However, since the earliest executions, abolitionists have fought against this state-sanctioned killing, arguing, among other things, that the methods of execution have frequently been just as gruesome as the crimes meriting their use. Lethal injection was first introduced in order to quell such objections, but, as Austin Sarat shows in this brief history, its supporters' commitment to painless and humane death has never been certain. This book tells the story of lethal injection's earliest iterations in the United States, starting with New York state's rejection of that execution method almost a century and half ago. Sarat recounts lethal injection's return in the late 1970s, and offers novel and insightful scrutiny of the new drug protocols that went into effect between 2010 and 2020. Drawing on rare data, he makes the case that lethal injections during this time only became more unreliable, inefficient, and more frequently botched. Beyond his stirring narrative history, Sarat mounts a comprehensive condemnation of the state-level maneuvering in response to such mishaps, whereby death penalty states adopted secrecy statutes and adjusted their execution protocols to make it harder to identify and observe lethal injection's flaws. What was once touted as America's most humane execution method is now its most unreliable one. What was once a model of efficiency in the grim business of state killing is now marked by mayhem. The book concludes by critically examining the place of lethal injection, and the death penalty writ large, today.

The book brings together scholarship on three different forms of state violence, examining each for what it can tell us about the conditions under which states use violence and the significance of violence to our understanding of states. The contributors to this book demonstrate that states of violence thus have a history and sociology. Yet wherever the state acts violently, the legitimacy of its acts must be engaged with the real facts of war, capital punishment, and the ugly realities of death. This book calls into question the legitimacy of state uses of violence and mounts a sustained effort at interpretation, sense making, and critique. It suggests that condemning the state s decisions to use lethal force is not a simple matter of abolishing the death penalty or to take another exemplary example of the killing state demanding that the state engage only in just (publicly declared and justified) wars, pointing out that even such overt instances of lethal force are more elusive as targets of critique than one might think. Indeed, altering such decisions may do little to change the essential relationship of the state to violence. To change that relationship we must also attend to the violent state as a state of mind, a state of mind that is not just a social or psychological condition but also a moral commitment and/or a philosophical position.

Half a century after the beginning of the second wave, feminist legal theorists are still writing about many of the subjects they addressed early on: money, sex, reproduction, and jobs. What has changed is the way that they talk about these subjects. Specifically, these theorists now posit a more complex and nuanced conception of power. Recent scholarship recognizes the complexities of power in contemporary society, the ways in which these complexities entrench sex inequality, and the role that law can play in reducing inequality and increasing agency. The feminist legal theorists in this volume are emblematic of this effort. They carefully examine the relationship between gender, equality, and power across an array of realms: sex, reproduction, pleasure, work, money. In doing so they identify social, political, economic, developmental, and psychological and somatic forces, operating both internally and externally, that complicate the expression and constraint of power. Finally, they give sophisticated thought to the possibilities for legal interventions in light of these more complex notions of power.

"The articles in this volume of Studies in Law, Politics, and Society cover an exciting and diverse range of topics relating to law's relationship with and impact on society. Two articles cover immigration, but from very different perspectives. One examines the legal-cultural attitude of immigrants from the former Soviet Union to Israel while the other investigates US Immigration Policy and the notion of 'child saving'. Other articles cover the institutional dynamics of same-sex marriage debates in America; the anti-strip mining movement in central Appalachia; an analysis of the death penalty in Maricopa County, Arizona, one of the most active death penalty locales in the contemporary U.S; and affirmative defenses at the International Criminal Court."

This volume presents articles by an interdisciplinary and international group of scholars spanning the social sciences, humanities, and law. It examines new perspectives on political relationships, politics and legal reform, and law and the family.

This special volume of "Studies in Law, Politics, and Society" takes up a subject of an enormous import for law and legal scholarship, Guilt. At the center of our belief in law is the hope and expectation that law can differentiate the guilty from the innocent. But as the articles in this volume show law's relationship to guilt is more complex and vexed than that. Law constitutes us as guilty subjects and law itself is a guilty subject. The articles in this volume explore law's guilt about literature, various domains in which bodies of guilt appear, and historical perspectives on the subject of guilt. Taken together they exemplify the way interdisciplinary scholarship opens up new questions and new avenues of inquiry about the social and cultural life of law.

This special issue offers an academic analysis of the television series The Americans as a reflection of current social and political trends across the United States. Uncovering the inseparability of the political and the personal through the lives of the central characters, authors consider how their performance challenges our ability to differentiate between the authentic family, the legitimate source of social reproduction, and the counterfeit one that disrupts the social order. Focusing on how television’s shift away from the traditional nuclear family is crucial to understanding the relatively rapid acceptance of same-sex marriage in mainstream politics, authors invite consideration and acceptance of alternative family forms that are often represented within LGBTQ communities. Pairing the series with scholarship on criminal law, contributors also delve into how The Americans provides an opportunity to reconsider the significance of the “pro-family� label to New Right organizing, the importance of mothering to this narrative, and the relationship between this account of mothering and democratic citizenship more broadly. Drawing on the concept of legal consciousness to examine the relationship between identity and hegemony, chapters also consider how the enactment of legal beliefs and values help individuals to form identities, as well as how these are constrained by popular ideology. Interpreting this television series through a socially charged lens, Law, Politics and Family in ‘The Americans’ offers a compelling insight into the legal and cultural undertones of family dynamics, as well as those at the heart of conservative American politics.

This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. It examines new perspectives on political relationships, politics and legal reform, and law and the family. The articles published here exemplify the exciting and innovative work being done in interdisciplinary legal scholarship.

If catastrophes are, by definition, exceptional events of such magnitude that worlds and lives are dramatically overturned, the question of timing would pose a seemingly straightforward, if not redundant question. The Time of Catastrophe demonstrates the analytic productiveness of this question, arguing that there is much to be gained by interrogating the temporal conceits of conventional understandings of catastrophe and the catastrophic. Bringing together a distinguished, interdisciplinary group of scholars, the book develops a critical language for examining 'catastrophic time', recognizing the central importance of, and offering a set of frameworks for, examining the alluring and elusive qualities of catastrophe. Framed around the ideas of Agamben, Kant and Benjamin, and drawing on philosophy, history, law, political science, anthropology and the arts, this volume seeks to demonstrate how the question of 'catastrophic time' is in fact a question about something much more than the frequency of disasters in our so-called 'Age of Catastrophe'.

This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. Their work examines the complex intersections of sovereignty, legality, and power, the relationship between legal theory and critique, and the way identity politics shapes public policy. The articles published here illuminate some of the exciting and innovative work being done in interdisciplinary legal scholarship.

This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary group of scholars. Their work spans the social sciences, humanities, and the law. Those scholars examine the nature of family and the intersection of family and law, the way contexts shape legal actors, and the nature of rights and resistance. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.

This volume of "Studies in Law, Politics, and Society" presents a unique special issue "Is the Death Penalty Dying?." Drawing together an array of distinguished scholars from political science, criminology, sociology, and law, this volume provides a comprehensive assessment of the status of the death penalty in the United States, its past, and its trajectory for the future. Taken together, the work published in this volume exemplifies the kind exciting and innovative work now being done by legal scholars from different disciplines.This is a special issue examining the death penalty in the US. It draws together an array of distinguished scholars from political science, criminology, sociology, and law.

DESCRIPTION: This volume of Studies in Law, Politics, and Society presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. It examines new perspectives on the relationship of law and values and race and the law. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship. TABLE OF CONTENTS: List of contributors; Law and Values: Interpretive freedom and divine law: early rabbinic renderings of divine justice (C. Halberstam); Rawls' law of peoples: an expansion of the prioritization of political over religious values (E. Carpenter); Post modernity and the fading of individual responsibility (J. Krapp); Race in Law; Passing phantasms/sanctioning perfomativities: (re)reading white masculinity in Rhinelander v. Rhine lander (N. Hers); Tortious race, race torts: hate speech, intentional infliction, and the problem of harm (P.L. Rivers); Before or against the law? Citizens' legal beliefs and experiences as death penalty jurors (B. Steiner).

This volume presents articles by an interdisciplinary and international group of scholars spanning the social sciences, humanities, and law. It examines new perspectives on political relationships, politics and legal reform, and law and the family.

Beginning with an overview of the history and philosophy of punishment, these articles explore penal practices in the modern state and the deeper philosophical and social aspects of retributive justice.

This work presents arguments for forgiveness, mercy, and clemency abound. These arguments flourish in organized religion, fiction, philosophy, and law as well as in everyday conversations of daily life among parents and children, teachers and students, and criminals and those who judge them. As common as these arguments are, we are often left with an incomplete understanding of what we mean when we speak about them. This volume examines the registers of individual psychology, religious belief, social practice, and political power circulating in and around those who forgive, grant mercy, or pose clemency power. The authors suggest that, in many ways, necessary examinations of the questions of forgiveness and pardon and the connection between mercy and justice are only just beginning.

Volume 22 of "Studies in Law, Politics and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law, and examines the law's violence, law in literature and film, family life and family policy, and new perspectives in sociolegal theory. Together these articles demonstrate the work being done in interdisciplinary legal scholarship.

This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law and examines new perspectives on legal relationships and events, punishment as a literary and philosophical issue, and custom and experience in law and society. The articles published here illuminate some of the exciting work being done in interdisciplinary legal scholarship.

Volume 37 of "Studies in Law, Politics, and Society" presents a special issue devoted to exploring humanistic perspectives on the subject of punishment. Drawing together a distinguished group of interdisciplinary scholars, it explores the way "deviant" subjects are constructed and made available for punishment, the philosophical context within which decisions about punishment are made, and the inner workings of the penal apparatus. Diverse in their theoretical inspirations and approaches, the articles published here represent a significant advance in our understanding of the complex intersections of punishment, politics, and culture.

This volume presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. It examines the many ways citizens learn about law, law beyond the nation-state and the relationship of law and labour.

Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as "the new death penalty." Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.

Hardbound. This volume of Studies in Law, Politics and Society presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. Their work examines the legal regulation of dangerous intimacies, the way the body is represented in legal discourse and practice, disputes about images, and new perspectives in sociolegal theory. Together these articles illuminate some of the exciting and innovative work being done in interdisciplinary legal scholarship.

A[a�?The notion . . . that miscarriages of justice are not simply idiosyncratic instances, but are rather part of the ordinary machinery of law, is a crucial insight, one that deserves this kind of book-length treatment.A[a�?
--James MaMartell, author of "Subverting the Leviathan: Reading Thomas Hobbes as a Radical Democrat"

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system.

The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion.

When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in thelawA[a�a[s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system.

Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

Merciful Judgments in Contemporary Society: Legal Problems/Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem, for law. Whether one starts from a worry about rules and discretion, about the attitudes of citizens and their leaders, or ways to undo the past, merciful judgments challenge and perplex, just as they help to sustain, our legal system. Charting these possibilities and problems is the work that this book seeks to do. Here we ask what challenges merciful judgments pose for law? When and why do those judgments encourage and nurture legal ingenuity and resourcefulness? When and why do they precipitate crises and breakdowns in legal authority? This book is a product of The University of Alabama School of Law symposia series on Law, Knowledge & Imagination. This series explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy, and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge, and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues.

This volume presents articles by an interdisciplinary and international group of scholars spanning the social sciences, humanities, and law. It examines new perspectives on political relationships, politics and legal reform, and law and the family.