Attitudes Toward Execution: the Tragic and Grotesque Framing of Capital Punishment in the News
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Outlaw: Wilderness and Exile in Old and Middle
THE ‘BESTLI’ OUTLAW: WILDERNESS AND EXILE IN OLD AND MIDDLE ENGLISH LITERATURE A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Sarah Michelle Haughey August 2011 © 2011 Sarah Michelle Haughey THE ‘BESTLI’ OUTLAW: WILDERNESS AND EXILE IN OLD AND MIDDLE ENGLISH LITERATURE Sarah Michelle Haughey, Ph. D. Cornell University 2011 This dissertation, The ‘Bestli’ Outlaw: Wilderness and Exile in Old and Middle English Literature explores the reasons for the survival of the beast-like outlaw, a transgressive figure who highlights tensions in normative definitions of human and natural, which came to represent both the fears and the desires of a people in a state of constant negotiation with the land they inhabited. Although the outlaw’s shelter in the wilderness changed dramatically from the dense and menacing forests of Anglo-Saxon England to the bright, known, and mapped greenwood of the late outlaw romances and ballads, the outlaw remained strongly animalistic, other, and liminal, in strong contrast to premodern notions of what it meant to be human and civilized. I argue that outlaw narratives become particularly popular and poignant at moments of national political and ecological crisis—as they did during the Viking attacks of the Anglo-Saxon period, the epoch of intense natural change following the Norman Conquest, and the beginning of the market revolution at the end of the Middle Ages. Figures like the Anglo-Saxon resistance fighter Hereward, the exiled Marcher lord Fulk Fitz Waryn, and the brutal yet courtly Gamelyn and Robin Hood, represent a lost England imagined as pristine and forested. -
Individual Liberty and the Common Good - the Balance: Prayer, Capital Punishment, Abortion
The Catholic Lawyer Volume 20 Number 3 Volume 20, Summer 1974, Number 3 Article 5 Individual Liberty and the Common Good - The Balance: Prayer, Capital Punishment, Abortion Brendan F. Brown Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Constitutional Law Commons This Pax Romana Congress Papers is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. INDIVIDUAL LIBERTY AND THE COMMON GOOD-THE BALANCE: PRAYER, CAPITAL PUNISHMENT, ABORTION BRENDAN F. BROWN* In striking the balance between individual freedom and the common good of society, judges are relying "on ideology or policy preference more than on legislative intent."' Professor Jude P. Dougherty, President-elect of the American Catholic Philosophical Association, has declared that "this is particulary apparent in actions of the United States Supreme Court where the envisaged effects of a decision are often given more weight than the intentions of the framers of the Constitution or of the legislators who passed the law under consideration."' The dominant trend of the United States judiciary is to begin its reasoning with "liberty" or "free- dom" as the ultimate moral value in the Franco-American sense of maxi- mum individual self-assertion, and then to maximize it. It will be the purpose of this paper to show that "liberty" or "freedom" is only an instrumental moral value, and that by treating it otherwise, the courts are damaging the common good of society. -
Variations in Forms of Sexual Violence
variations in forms of sexual violence a comparative analysis of bosnia and rwanda my rafstedt, university of york (2014) ABSTRACT Sexual violence during the Bosnian War (1992-1995) and the Rwandan genocide (1994) has been analyzed thoroughly, but limited attention has been paid to how sexual violence difered in these two conficts and why. Tis will be investigated by doing a comparative analysis. Kirby’s modes of feminist analysis will be used as framework, and attention will be paid to the relationship between the construction of ethnic and gender identities and particular forms of sexual violence. It will be demonstrated that forced impregnation characterized Bosnian sexual violence, whilst mutilation of female body parts and mur- der afer rape were prominent in Rwanda. I argue that this can be explained by looking at how these forms of sexual violence were the result of mythology and shared beliefs and were being used by ethnic leaders to re-construct ethnic and gender identities to serve their own political objectives. Because these myths, identity constructions and leader ob- jectives were diferent in Bosnia and Rwanda, the forms of sexual violence were as well. INTRODUCTION 1995) and the Rwandan genocide (1994). Tese two exual violence in conficts has gone from being cases followed a similar pattern of leaders of ethnic considered an unchallenged by-product of war groups targeting women’s bodies, and as a result, the to being thoroughly scrutinized from a range of women experienced very high rates of sexual vio- Sperspectives. Te war in Bosnia-Herzegovina (hence- lence.4 Tey were both ethnic conficts in which sexu- forth referred to as Bosnia) from 1992 to 1995 was al violence was deployed as a strategy of war. -
Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment Matthew E
University of Baltimore Law Review Volume 37 Article 6 Issue 1 Fall 2007 2007 Comments: The rC ime, the Case, the Killer Cocktail: Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment Matthew E. Feinberg University of Baltimore School of Law Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the Law Commons Recommended Citation Feinberg, Matthew E. (2007) "Comments: The rC ime, the Case, the Killer Cocktail: Why Maryland's Capital Punishment Procedure Constitutes Cruel and Unusual Punishment," University of Baltimore Law Review: Vol. 37: Iss. 1, Article 6. Available at: http://scholarworks.law.ubalt.edu/ublr/vol37/iss1/6 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. THE CRIME, THE CASE, THE KILLER COCKTAIL: WHY MARYLAND'S CAPITAL PUNISHMENT PROCEDURE CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT I. INTRODUCTION "[D]eath is different ...." I It is this principle that establishes the death penalty as one of the most controversial topics in legal history, even when implemented only for the most heinous criminal acts. 2 In fact, "[n]o aspect of modern penal law is subjected to more efforts to influence public attitudes or to more intense litigation than the death penalty.,,3 Over its long history, capital punishment has changed in many ways as a result of this litigation and continues to spark controversy at the very mention of its existence. -
The Culture of Capital Punishment in Japan David T
MIGRATION,PALGRAVE ADVANCES IN CRIMINOLOGY DIASPORASAND CRIMINAL AND JUSTICE CITIZENSHIP IN ASIA The Culture of Capital Punishment in Japan David T. Johnson Palgrave Advances in Criminology and Criminal Justice in Asia Series Editors Bill Hebenton Criminology & Criminal Justice University of Manchester Manchester, UK Susyan Jou School of Criminology National Taipei University Taipei, Taiwan Lennon Y.C. Chang School of Social Sciences Monash University Melbourne, Australia This bold and innovative series provides a much needed intellectual space for global scholars to showcase criminological scholarship in and on Asia. Refecting upon the broad variety of methodological traditions in Asia, the series aims to create a greater multi-directional, cross-national under- standing between Eastern and Western scholars and enhance the feld of comparative criminology. The series welcomes contributions across all aspects of criminology and criminal justice as well as interdisciplinary studies in sociology, law, crime science and psychology, which cover the wider Asia region including China, Hong Kong, India, Japan, Korea, Macao, Malaysia, Pakistan, Singapore, Taiwan, Thailand and Vietnam. More information about this series at http://www.palgrave.com/gp/series/14719 David T. Johnson The Culture of Capital Punishment in Japan David T. Johnson University of Hawaii at Mānoa Honolulu, HI, USA Palgrave Advances in Criminology and Criminal Justice in Asia ISBN 978-3-030-32085-0 ISBN 978-3-030-32086-7 (eBook) https://doi.org/10.1007/978-3-030-32086-7 This title was frst published in Japanese by Iwanami Shinsho, 2019 as “アメリカ人のみた日本 の死刑”. [Amerikajin no Mita Nihon no Shikei] © The Editor(s) (if applicable) and The Author(s) 2020. -
Capital Punishment in Illinois in the Aftermath of the Ryan Commutations
Northwestern University School of Law Northwestern University School of Law Scholarly Commons Faculty Working Papers 2010 CAPITAL PUNISHMENT IN ILLINOIS IN THE AFTERMATH OF THE RYAN COMMUTATIONS: REFORMS, ECONOMIC REALITIES, AND A NEW SALIENCY FOR ISSUES OF COST Leigh Buchanan Bienen Northwestern University School of Law, [email protected] Repository Citation Bienen, Leigh Buchanan, "CAPITAL PUNISHMENT IN ILLINOIS IN THE AFTERMATH OF THE RYAN COMMUTATIONS: REFORMS, ECONOMIC REALITIES, AND A NEW SALIENCY FOR ISSUES OF COST" (2010). Faculty Working Papers. Paper 118. http://scholarlycommons.law.northwestern.edu/facultyworkingpapers/118 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Working Papers by an authorized administrator of Northwestern University School of Law Scholarly Commons. 0091-4169/10/10004-0001 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 100, No. 4 Copyright © 2010 by Northwestern University, School of Law Printed in U.S.A. CAPITAL PUNISHMENT IN ILLINOIS IN THE AFTERMATH OF THE RYAN COMMUTATIONS: REFORMS, ECONOMIC REALITIES, AND A NEW SALIENCY FOR ISSUES OF COST LEIGH B. BIENEN Perhaps most telling is the view of Professor Joseph Hoffman, someone who has devoted enormous time and energy to death penalty reform, spearheading death penalty reform efforts in both Illinois and Indiana and serving as Co-Chair and Reporter for the Massachusetts Governor‘s Council on Capital Punishment. Hoffman served as a member of an advisory group to discuss an earlier draft of this paper, and he strongly expressed the view that seeking reform of capital punishment in the political realm is futile. -
HURST V. FLORIDA
(Slip Opinion) OCTOBER TERM, 2015 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus HURST v. FLORIDA CERTIORARI TO THE SUPREME COURT OF FLORIDA No. 14–7505. Argued October 13, 2015—Decided January 12, 2016 Under Florida law, the maximum sentence a capital felon may receive on the basis of a conviction alone is life imprisonment. He may be sentenced to death, but only if an additional sentencing proceeding “results in findings by the court that such person shall be punished by death.” Fla. Stat. §775.082(1). In that proceeding, the sentencing judge first conducts an evidentiary hearing before a jury. §921.141(1). Next, the jury, by majority vote, renders an “advisory sentence.” §921.141(2). Notwithstanding that recommendation, the court must independently find and weigh the aggravating and miti- gating circumstances before entering a sentence of life or death. §921.141(3). A Florida jury convicted petitioner Timothy Hurst of first-degree murder for killing a co-worker and recommended the death penalty. The court sentenced Hurst to death, but he was granted a new sen- tencing hearing on appeal. At resentencing, the jury again recom- mended death, and the judge again found the facts necessary to sen- tence Hurst to death. -
Prison Conditions, Capital Punishment, and Deterrence
Prison Conditions, Capital Punishment, and Deterrence Lawrence Katz, Harvard University and National Bureau of Economic Research, Steven D. Levitt, University of Chicago and American Bar Foundation, and Ellen Shustorovich, City University of New York Previous research has attempted to identify a deterrent effect of capital punishment. We argue that the quality of life in prison is likely to have a greater impact on criminal behavior than the death penalty. Using state-level panel data covering the period 1950±90, we demonstrate that the death rate among prisoners (the best available proxy for prison conditions) is negatively correlated with crime rates, consistent with deterrence. This finding is shown to be quite robust. In contrast, there is little systematic evidence that the execution rate influences crime rates in this time period. 1. Introduction For more than two decades the deterrent effect of capital punishment has been the subject of spirited academic debate. Following Ehrlich (1975), a number of studies have found evidence supporting a deterrent effect of the death penalty (Cloninger, 1977; Deadman and Pyle, 1989; Ehrlich, 1977; Ehrlich and Liu, 1999; Layson, 1985; Mocan and Gittings, 2001). A far larger set of studies have failed to ®nd deterrent effects of capital punishment (e.g., Avio, 1979, 1988; Bailey, 1982; Cheatwood, 1993; Forst, Filatov, and Klein, 1978; Grogger, 1990; Leamer, 1983; Passell and Taylor, 1977).1 Although only one small piece of the broader literature on the issue of We would like to thank Austan Goolsbee for comments and criticisms. The National Science Foundation provided ®nancial support. Send correspondence to: Steven Levitt, Department of Economics, University of Chicago, 1126 E. -
Caste & Untouchability
Paggi fr. Luigi s.x. * * * * * * * * Caste & untouchability Pro Manuscripto Title: Caste & untouchability. A study-research paper in the Indian Subcontinent Authored by: Paggi fr. Luigi sx Edited by: Jo Ellen Fuller- 2002 Photographs by: Angelo fr. Costalonga sx Printed by: “Museo d’Arte Cinese ed Etnografico di Parma” - 2005 © 2005 Museo d’Arte Cinese ed Etnografico © Paggi fr. Luigi sx A few years ago, my confreres (Xaverian Missionaries working in Bangladesh) requested that I conduct a four-day course on caste and untouchability. Probably, I benefited as much from teaching the course as my student-confreres did since the process helped me crystallize my ideas about Hinduism and the ramifications of certain aspects of this religion upon the cultures of the subcontinent. From time to time, I am invited to different places to deliver lectures on these two topics. I usually accept these invitations because I am convinced that those who would like to do something to change the miserable lot of so many poor people living in the Indian Subcontinent must be knowledgeable about the caste system and untouchability. People need to be aware of the negative effect and the impact of these two social evils regarding the abject misery and poverty of those who are at the bot- tom of the greater society. It seems that people living in the Indian Subcontinent , no matter which reli- gion they belong to, are still affected (consciously or unconsciously) by these as- pects of Hinduism that have seeped into other religions as well. In order to prepare myself for the task of lecturing (on caste and untoucha- bility), I read and studied many books, magazines and articles on these two evil institutions of Hinduism, which have affected the social life of most of the people living in the Indian Subcontinent. -