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State Transformation and the Struggle for Symbolic Capital: Cause Lawyers, the Organized Bar, and Capital Punishment in the United States

Austin Sarat

in Cause Lawyering and the State in a Global Era

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195141177
eISBN:
9780199871391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195141172.003.0007
Subject:
Political Science, International Relations and Politics

In an effort to show toughness on crime, the symbolism of a greater readiness to inflict capital punishment has attracted many state authorities in the U.S.A. This has in turn provoked a heightened ... More


Development without Abolition: Japan in the 21st Century

David T. Johnson and Franklin E. Zimring

in The Next Frontier: National Development, Political Change, and the Death Penalty in Asia

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195337402
eISBN:
9780199868674
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337402.003.0003
Subject:
Political Science, Comparative Politics

This chapter traces the development of Japanese death penalty policy in order to arrive at a historically informed understanding of how contemporary policy-makers came to believe that at least one ... More


Lessons

David T. Johnson and Franklin E. Zimring

in The Next Frontier: National Development, Political Change, and the Death Penalty in Asia

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195337402
eISBN:
9780199868674
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337402.003.0008
Subject:
Political Science, Comparative Politics

This chapter makes the case for a regional focus by reviewing the materials in the preceding chapters for insights from Asia about capital punishment in the world in the 21st century. The lessons are ... More


The Pace of Change

David T. Johnson and Franklin E. Zimring

in The Next Frontier: National Development, Political Change, and the Death Penalty in Asia

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195337402
eISBN:
9780199868674
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337402.003.0009
Subject:
Political Science, Comparative Politics

On current evidence, the abolition of capital punishment in Asia is not a question of “if” but of “when,” and the critical issues concern the pace and processes of change rather than the direction ... More


The Next Frontier: National Development, Political Change, and the Death Penalty in Asia

David T. Johnson and Franklin E. Zimring

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195337402
eISBN:
9780199868674
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337402.001.0001
Subject:
Political Science, Comparative Politics

Asia is the next frontier in the campaign to end state execution because more than 95 percent of the executions in the world take place there. This book combines detailed case studies of the death ... More


Theorizing a New Death Penalty: Penal Reform on the Eve of the Revolution

Paul Friedland

in Seeing Justice Done: The Age of Spectacular Capital Punishment in France

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199592692
eISBN:
9780191741852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592692.003.0009
Subject:
History, European Medieval History, European Early Modern History

Scattered utopian and humanist writers had long imagined that prisons or forced labor might one day replace the death penalty, but it was only in the 1740s that punishment was explored from a ... More


Execution and Invention: Death Penalty Discourse in Early Rabbinic and Christian Cultures

Beth A. Berkowitz

Published in print:
2006
Published Online:
February 2006
ISBN:
9780195179194
eISBN:
9780199784509
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195179196.001.0001
Subject:
Religion, Religion and Society

Execution and Invention: Death Penalty Discourse in Early Rabbinic and Christian Cultures argues that ancient rabbis and Christians used death penalty discourse to invent themselves as ... More


The Death Penalty

John Hanley

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0006
Subject:
Political Science, American Politics

This chapter first examines the nature of public opinion on capital punishment before the Supreme Court's decision in Furman v. Georgia (1972), the case in which the corpus of state death penalty ... More


The Execution of Justice: The Ritual of Punishment in Medieval and Early Modern France

Paul Friedland

in Seeing Justice Done: The Age of Spectacular Capital Punishment in France

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199592692
eISBN:
9780191741852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592692.003.0005
Subject:
History, European Medieval History, European Early Modern History

At the turn of the fifteenth century, with the introduction of mandatory confession by a Catholic priest in all cases of capital punishment, a common penal ritual developed with decidedly religious ... More


Retribution and Capital Punishment

Thom Brooks

in Retributivism: Essays on Theory and Policy

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199752232
eISBN:
9780199895342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199752232.003.0013
Subject:
Law, Criminal Law and Criminology

This chapter argues that contrary to popular wisdom (and clear pronouncements by classic retributivists such as Kant), retributivists should oppose capital punishment for murderers. He concedes that ... More


Seeing Justice Done: The Age of Spectacular Capital Punishment in France

Paul Friedland

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199592692
eISBN:
9780191741852
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592692.001.0001
Subject:
History, European Medieval History, European Early Modern History

From the early Middle Ages to the 20th century, capital punishment in France, as in many other countries, was staged before large crowds of spectators. This book traces the theory and practice of ... More


Values: Multicultural and Secular

John McCormick

in Europeanism

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199556212
eISBN:
9780191721830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199556212.003.0008
Subject:
Political Science, European Union, International Relations and Politics

Chapter 7 attempts to assess some of the core values of Europeans, focusing in particular on four areas where the Europeanist perspective is notably different from that in any other part of the ... More


The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences

Matthew H. Kramer

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199642182
eISBN:
9780191732188
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199642182.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Though much of this book is devoted to impugning all the standard rationales for capital punishment, the chief purpose of the volume is to advance an alternative justification for such punishment in ... More


Executing the New Death Penalty: The Invisible Spectacle of the Guillotine

Paul Friedland

in Seeing Justice Done: The Age of Spectacular Capital Punishment in France

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199592692
eISBN:
9780191741852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592692.003.0011
Subject:
History, European Medieval History, European Early Modern History

Striving for a method of capital punishment that was, as much as possible, painless for the victim as well as for the spectator, legislators in the National Assembly settled upon the idea of a ... More


The Islamic Roots of Democratic Pluralism

Abdulaziz Sachedina

Published in print:
2001
Published Online:
October 2011
ISBN:
9780195139914
eISBN:
9780199848935
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195139914.001.0001
Subject:
Religion, Islam

This book tackles the most significant issues facing Muslims today. As Islam and Muslims enter the 21st century, the book argues, it is necessary to reopen the doors of religious interpretation—to ... More


PUNISHMENT: Explicit and Implicit Proportionality Limits on Sanction Severity

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter examines proportionality principles in constitutional and subconstitutional sentencing law and theory, and argues for more explicit and consistent application of such principles. Under ... More


. Capital Punishment and the United States Supreme Court

George Anastaplo

in Reflections on Life, Death, and the Constitution

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813125336
eISBN:
9780813135243
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125336.003.0019
Subject:
Political Science, American Politics

This chapter discusses the arguments on capital punishment. It notes that the conscientious opponent of capital punishment today does not readily confront the problem implicit in the fact that ... More


The Antithesis of Reform

Theodore Hamm

in Rebel and a Cause: Caryl Chessman and the Politics of the Death Penalty in Postwar California, 1948-1974

Published in print:
2001
Published Online:
March 2012
ISBN:
9780520224278
eISBN:
9780520925236
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520224278.003.0002
Subject:
History, American History: 19th Century

Movements against the death penalty have occurred regularly throughout the course of American history. At the beginning of the American Revolution, public officials began to criticize capital ... More


Advocacy and the Making of the Adversarial Criminal Trial 1800–1865

David J. A. Cairns

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262848
eISBN:
9780191682414
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262848.001.0001
Subject:
Law, Legal History

The modern adversarial criminal trial emerged from the punitive and procedural upheaval in the criminal law of the first half of the nineteenth century. The campaign against capital punishment, which ... More


Rocked but Still Rolling: The Enduring Institution of Capital Punishment in Historical and Comparative Perspective

Michael McCann and David T. Johnson

in The Road to Abolition?: The Future of Capital Punishment in the United States

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814762172
eISBN:
9780814762547
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814762172.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines the prospects for complete, sustained, de jure abolition of the death penalty in the United States using a comparative, historical, and institutionalist framework. It considers ... More


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