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Animals and Man in Historical Perspective

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Edited by Joseph and Barrie Klaits

"The ties between people and animals are as mysterious and as obvious as the mutual devotion of a boy and his dog. We catch glimpses of these ties when we watch a circus parade, when we see someone's pet crushed in an accident, or when we witness the birth of kittens. Exhilaration, compassion, wonder-intangible responses like these are this book's raisons d'être.

"We have collected a series of readings that attempt to analyze such responses.,. The authors share a concern with the issue we have regarded as the leitmotif of this book: What do man's attitudes and behavior toward animals tell us about the historical development of human society and culture?" - from the Introduction.

NY. Harper and Row, Publishers. 1974. 177p.

Justifying Transgression: MUSLIMS, CHRISTIANS, AND THE LAW – 1200 to 1700

By Gijs Kruijtzer

How do people justify what others see as transgression? Taking that question to the Persian-Muslim and Latin-Christian worlds over the period 1200 to 1700, this book shows that people in both these worlds invested considerable energy in worrying, debating, and writing about proscribed practices. It compares how people in the two worlds came to terms with the proscriptions of sodomy, idolatry, and usury. When historians speak of the gap between premodern practice and the legal theory of the time, they tend to ignore the myriad of justifications that filled this gap. Moreover, a focus on justification evens out many of the contrasts that have been alleged to exist between the two worlds, or the Muslim and Christian worlds more generally. The similarities outweigh the differences in the ways people came to terms with the various rules of divine law. The level of flexibility of the theologians and jurists in charge of divine law varied more over time and by topic than between the two worlds. Both worlds also saw the development of ever more sophisticated justifications. Amid the increasing complexity of justifications, a particular kind of reasoning emerged: that good outcomes are more important than upholding rules for their own sake.

Berlin: DeGruyter, 2024. 344p.

Being a Slave: Histories and Legacies of European Slavery in the Indian Ocean

Edited by Alicia Schrikker and Nira Wickramasinghe

This multidisciplinary volume brings together scholars and writers who try to come to terms with the histories and legacies of European slavery in the Indian Ocean. The volume discusses a variety of qualitative data on the experience of being a slave in order to recover ordinary lives and, crucially, to place this experience in its Asian local context. Building on the rich scholarship on the slave trade, this volume offers a unique perspective that embraces the origin and afterlife of enslavement as well as the imaginaries and representations of slaves rather than the trade in slaves itself.

Leiden: Leiden University Press, 2020.332p.

The Palgrave Handbook of Global Slavery throughout History

Edited by Damian A. Pargas, Juliane Schiel

This open access handbook takes a comparative and global approach to analyse the practice of slavery throughout history. To understand slavery - why it developed, and how it functioned in various societies – is to understand an important and widespread practice in world civilisations. With research traditionally being dominated by the Atlantic world, this collection aims to illuminate slavery that existed in not only the Americas but also ancient, medieval, North and sub-Saharan African, Near Eastern, and Asian societies. Connecting civilisations through migration, warfare, trade routes and economic expansion, the practice of slavery integrated countries and regions through power-based relationships, whilst simultaneously dividing societies by class, race, ethnicity and cultural group. Uncovering slavery as a globalising phenomenon, the authors highlight the slave-trading routes that crisscrossed Africa, helped integrate the Mediterranean world, connected Indian Ocean societies and fused the Atlantic world. Split into five parts, the handbook portrays the evolution of slavery from antiquity to the contemporary era and encourages readers to realise similarities and differences between various manifestations of slavery throughout history. Providing a truly global coverage of slavery, and including thematic injections within each chronological part, this handbook is a comprehensive and transnational resource for all researchers interested in slavery, the history of labour, and anthropology.

Cham: Springer Nature, 2023. 716p.

Cultural Heritage and Slavery - Perspectives from Europe

By Stephan Conermann, Claudia Rauhut, Ulrike Schmieder and Michael Zeuske

In the recent cultural heritage boom, community-based and national identity projects are intertwined with interest in cultural tourism and sites of the memory of enslavement. Questions of historical guilt and present responsibility have become a source of social conflict, particularly in multicultural societies with an enslaving past. This became apparent in the context of the Black Lives Matter movement in 2020, when statues of enslavers and colonizers were toppled, controversial debates about streets and places named after them re-ignited, and the European Union apologized for slavery after the racist murder of George Floyd. Related debates focus on museums, on artworks acquired unjustly in societies under colonial rule, the question of whether and how museums should narrate the hidden past of enslavement and colonialism, including their own colonial origins with respect to narratives about presumed European supremacy, and the need to establish new monuments for the enslaved, their resistance, and abolitionists of African descent.

Berlin/Boston:DeGruyter, 2024, 352p.

Current Trends in Slavery Studies in Brazil

by Stephan Conermann, Mariana Dias Paes, Roberto Hofmeister Pich and Paulo Cruz Terra

Slavery Studies are one of the most consolidated fields in Brazilian historiography with various discussions on issues like slave agency, slavery and law, slavery and capitalism, slave families, demography of slavery, transatlantic slave trade, abolition etc. Taking into consideration these new trends of Brazilian slavery studies, this volume of collected articles allows leading scholars to present their research to a broader academic community.

Berlin/Boston, DeGruyter, 2023. 347p.

Joan Petersilia: A Life and Legacy of Academic and Practical Impact

By Jodi Lane

This review focuses on the life and career of Joan Petersilia, one of the most important corrections scholars of the past fifty years. The article discusses her formative years, her career spanning from college through her final appointment at Stanford Law School, her major research projects, and her impact on policy, practice, and the academic field of criminology. For more than forty years, Joan chose to do research that affected the real world, treating policymakers and practitioners as equal partners in efforts to improve the implementation of justice, especially that occurring postconviction. Her unique style allowed her to easily communicate the ideas and research from academe to a wide range of audiences, including the general public, policymakers, and practitioners. By doing so, Joan made a significant impact on the criminal justice system and was recognized for her body of work by receiving the 2014 Stockholm Prize, arguably the most prestigious recognition in criminology.

Annual Review of Criminology, Volume 7, Page 1 - 17

Refuge in a Moving World: Tracing Refugee and Migrant Journeys Across Disciplines

Edited by Elena Fiddian-Qasmiyeh

Refuge in a Moving World draws together more than thirty contributions from multiple disciplines and fields of research and practice to discuss different ways of engaging with, and responding to, migration and displacement.

The volume combines critical reflections on the complexities of conceptualizing processes and experiences of (forced) migration, with detailed analyses of these experiences in contemporary and historical settings from around the world. Through interdisciplinary approaches and methodologies – including participatory research, poetic and spatial interventions, ethnography, theatre, discourse analysis and visual methods – the volume documents the complexities of refugees’ and migrants’ journeys. This includes a particular focus on how people inhabit and negotiate everyday life in cities, towns, camps and informal settlements across the Middle East and North Africa, Southern and Eastern Africa, and Europe.

A key dynamic documented throughout the book is the multiple ways that responses to displacement are enacted by people with personal or family experiences of (forced) migration. These people appear in many roles: researchers, writers and artists, teachers, solidarians, first responders, NGO practitioners, neighbours and/or friends. Through the application of historically and spatially sensitive, intersectional and interdisciplinary lenses, the contributors explore the ways that different people – across axes of religion, sexuality, gender, and age – experience and respond to their own situations and to those of other people, in the context of diverse power structures and structural inequalities on the local, national and international level.

Ultimately, Refuge in a Moving World argues that working collaboratively through interdisciplinary approaches and methodologies has the potential to develop nuanced understandings of processes of migration and displacement, and, in turn, to encourage more sustainable modes of responding to our moving world.

London: UCL Press, 2020.

Regularisations of Irregularly Staying Migrants in the EU: A Comparative Legal Analysis of Austria, Germany and Spain

By Kevin Fredy Hinterberger

Combatting’ irregular migration is one of the key challenges to migration management at EU level. The present book addresses one of the most pressing structural problems regarding the EU’s return policy: the low return rate of irregularly staying migrants. In this regard the EU Return Directive obliges Member States to issue a return decision, yet only 40% of such decisions are enforced annually. Moreover, despite the political and legal efforts, the EU is not making any significant progress in enforcing the rules it has laid down in the Return Directive. The legislation of EU Member States may, however, serve as a source for possible solutions to ‘combat’ the problem of irregularly staying migrants. This is why the book compares the system of regularisations in Austria, Germany and Spain. Regularisations constitute an effective alternative to returns because they terminate the irregular residence of migrants, not through deportation, but rather by granting a right of residence. Regularisation is therefore understood as each legal decision that awards legal residency to irregularly staying migrants. As is shown by the examination and comparison of regularisations in Austria, Germany and Spain, differentiated systems of regularisation exist at national level. However, EU regularisations supplementing the present return policy would be more effective at ‘combatting’ irregular migration at EU level.

London: New York: Nomos/Hart, 398p

A Global Radical Waterfront: The International Propaganda Committee of Transport Workers and the International of Seamen and Harbour Workers, 1921–1937

By Holger Weiss

This volume investigates the ambition of the Red International of Labour Unions to radicalize the global waterfront during the interwar period. The main vehicle was the International Propaganda Committee of Transport Workers, replaced in 1930 by the International of Seamen and Harbour Workers as well as their agitation and propaganda centres, the International Harbour Bureaus and the International Seamen’s Clubs. The book scrutinizes their solidarity campaigns in support of local and national strikes as well as on their agitation against discrimination, segregation and racism within the unions, their demands to organize non-white maritime transport workers, and their calls for engagement in anti-fascist, anti-war and anti-imperialist actions. Readership: All interested in global labour history and labour radicalism and militancy, the history of the Comintern/Red International of Labour Unions/Profintern, global history of the interwar period, history of antifascism, anti-imperialism, and anti-colonialism, as well as global maritime history.

Leiden, Boston: Brill, 2021. 524p.

Micro-Management of Irregular Migration: Internal Borders and Public Services in London and Barcelona

By: Reinhard Schweitzer

This open access book provides an analysis of the functioning, consequences and inherent limitations of internalised immigration control. By adopting the perspective of irregular residents as well as local service providers, the book sheds new light on the intricate mechanisms that either help or hinder the diffusion of immigration control into concrete institutional settings, like schools or hospitals. A simple and innovative analytical framework enables the systematic comparison of three different spheres of service provision across two distinct local as well as also national contexts. This is necessary to understand the complex interplay between formal law and policy, the intrinsic rules and logics operating within institutions, and the ethical or practical obligations and constraints attached to particular roles and professions. Based on empirical findings and rigorous analysis, the book argues that internalised control is part of the problem that irregular migration poses for society, rather than constituting a potential solution to it.

Cham: Springer Nature, 2023. 154p.

Irregular Migration: IMSCOE Short Reader

By Maurizio Ambrosini • Minke H. J. Hajer

International migration is a critical issue in contemporary societies. A well-known textbook calls it “a major theme for public debate” (De Haas et al., 2020: xii). Migration is at the centre of the ‘transnationalized social question’ located at the interstices between the Global South and the Global North, where people seek a better life or fee unsustainable living conditions by migrating abroad (Faist, 2019). International population mobility has moved to the top of political agendas, becoming a ‘hot topic’ for governments and political parties (Spencer & Triandafyllidou, 2020). It has become a matter of controversy in mass media, and in ordinary people’s conversations as well. In most cases, it is depicted as a threat to the social stability of receiving societies. As Anderson effcaciously puts it, “‘Migration’ signifes problematic mobility” (Anderson, 2017: 1532). This perceived threat of migrants provokes increased efforts to halt, restrict, and prevent migration, often by limiting legal migration channels and increasing border controls. The, perhaps unintended, consequence of this is not that migration stops, but instead that a part of migration becomes irregular. Whilst irregular migration is problematised and criminalised especially in the Global North, in sending societies, on the contrary, venturing abroad is often viewed as a dream or a hope, regardless of the legal framework in which this mobility and subsequent settlement occur (Alpes, 2013). It gives the impression that migrants take the time spent in an irregular condition while waiting for a residence permit for granted. Migration, especially unwanted international migration, is a vital concern for contemporary societies worldwide, be they sending, receiving or transit countries. This form of migration will be the main focus of this Reader. Throughout it, we hope to provide ample insight into the contentious theme of irregular migration by elaborating on its origins, the policies devised to deal with it, possible responses to it, the actors involved, and the agency of irregular migrants themselves. This introduction highlights the issue of irregular migration, discusses terminology, provides some estimates of the population involved, and presents the book’s structure.

Cham: Springer Nature, 2023. 154p.

Confronting injustice: Racism and the environmental emergency

By Runnymede Trust and Greenpeace

Black people, Indigenous Peoples and people of colour across the globe bear the brunt of an environmental emergency that, for the most part, they did not create. Yet their struggles have repeatedly been ignored by those in positions of power. Global governance systems, including international climate negotiations, have for decades failed to act to protect Black and Brown lives. Systemic racism operates worldwide to produce inequalities in housing, healthcare, education, the criminal justice system and in the outcomes of the environmental emergency.

London, Runnymede. 2023. 78pg

Aliens at the Border

By The Writers’ Workshop

From the introduction: The Writing Workshop at Bedford Hills Correctional Facility has been hard at work since 1989. This is our second book; the first, More In Than Out, was published in 1992 and well received. I think this one is even better. We meet every Wednesday evening, and, as members are fond of saying, for three hours we're no longer at Bedford but at a place of unlimited freedom. It isn't always easy to get there but we always give it a try. Some of the women in this anthology are regulars, others show up once in a while, still others have come and gone, leaving us a few inspired mementos. The Workshop is an outlet for feelings, of course, but it doesn't stop there.

A Criminal Law Based on Harm Alone: The Story of California Criminal Justice Reform

By : Joshua Kleinfeld and Joshua Hoyt

For many criminal justice reformers, the Holy Grail of change would be a criminal system that ends the war on drugs; punishes minor property and public order offenses without incarceration (or does not handle them criminally at all); and reserves prison mainly for violent offenders. What few appreciate is that California over the last nine years has done exactly that, and the results are breathtaking in their magnitude and suddenness: from 2011 to 2019, California released 55,000 people convicted mostly of nonviolent offenses (a quarter to a third of all California prisoners) and has been declining imprisonment—which often means declining arrest and prosecution altogether—for tens of thousands more who likely would have been imprisoned a decade ago. The changes happened piecemeal; this Article is the first to put the whole picture together. But we are now in a position to describe and evaluate the whole.

We come to three conclusions. First, California criminal justice reform reduced incarceration without increasing violence, but in so doing increased property crime, public drug use, street-level disorder, and likely homelessness to such an extent as to change the texture of everyday life in some California cities, including Los Angeles and San Francisco. Second, these changes alter the relationship between individual and state substantially enough to constitute a new social contract: California has gone farther than any other American state toward a society based on John Stuart Mill’s harm principle.

Third, this array of costs and benefits is complex and nuanced enough that it is not irrational or otherwise normatively illegitimate for someone to think them either justice-enhancing or -diminishing, good for human welfare or bad for it. But what unequivocally redeems California’s new policies for California are their democratic credentials: they were accomplished through a series of elections over multiple years at multiple levels of government with a high degree of public deliberation. Criminal justice democratizers and strong proponents of federalism should endorse what California has done as a matter of political self-determination. But they might rationally not want the same thing for their own states.

Southern California Law Review, Vol. 94, No. 1, 2020

George Mason Legal Studies Research Paper No. LS 23-19

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A Test for Implicit Bias in Discretionary Criminal Justice Decisions

By Jessica Saunders and, Greg Midgette

Objective: Our goal was to develop a framework to test for implicit racial bias in discretionary decisions made by community supervision agents in conditions with increasing information ambiguity. Hypotheses: We reasoned that as in-person contact decreases, community supervision officers’ specific knowledge of clients would be replaced by heuristics that lead to racially disproportionate outcomes in higher discretion events. Officers’ implicit biases would lead to disproportionately higher technical violation rates among Black community corrections’ clients when they have less personal contact, but we expected no analogous increase in nondiscretionary decisions. Method: Using data from Black and White clients entering probation and postrelease supervision in North Carolina from 2012 through 2016, we estimated the difference in racial disparities in discretionary versus nondiscretionary decisions across five levels of supervision. We evaluated the robustness of our main fixed-effects model using an alternative regression discontinuity design. Results: Racial disparities in discretionary decisions grew as supervision intensity decreased, and the bias was larger for women than men. There was no similar pattern of increased disparity for nondiscretionary decisions. Conclusions: Criminal justice system actors have a great deal of discretion, particularly in how they deal with less serious criminal behavior. Although decentralized decisions are foundational to the function of the criminal justice system, they provide an opportunity for implicit bias to seep in. Shortcuts and mental heuristics are more influential when the decision-maker’s mental resources are already strained—for instance, if someone is tired, distracted, or overworked. Therefore, limiting discretion and increasing oversight and accountability may reduce the impact of implicit bias on criminal justice system outcomes.

Law and Human Behavior 2023 Volume 47, Issue 1 (Feb)

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The Autobiography of Malcolm X

By Malcolm X with the assistance of Alex Haley

“This is the absorbing personal story. of the man who rose from hoodlum, thief, dope peddler, and pimp to become the most dynamic leader of the Black Revolution. It is, too, a testament of great emotional power from which every American can learn much: But, above all, this book shows the Malcolm X that very few people knew, the man behind the stereotyped image of the hate-preacher-a sensitive, proud, highly intelligent man whose plan to move into the mainstream of the Negro Revoltition was cut short by a hail of assassins' bullets, a man who felt certain he would not live long enough to see this book…”

NY. Grobe Press. 1964. 482p.

Teaching 'Proper' Drinking? Clubs and Pubs in Indigenous Australia

By Maggie Brady

 

In Teaching ‘Proper’ Drinking?, the author brings together three fields of scholarship: socio-historical studies of alcohol, Australian Indigenous policy history and social enterprise studies. The case studies in the book offer the first detailed surveys of efforts to teach responsible drinking practices to Aboriginal people by installing canteens in remote communities, and of the purchase of public hotels by Indigenous groups in attempts both to control sales of alcohol and to create social enterprises by redistributing profits for the community good. Ethnographies of the hotels are examined through the analytical lens of the Swedish ‘Gothenburg’ system of municipal hotel ownership.

The research reveals that the community governance of such social enterprises is not purely a matter of good administration or compliance with the relevant liquor legislation. Their administration is imbued with the additional challenges posed by political contestation, both within and beyond the communities concerned.

 

Canberra: ANU Press, 2017. 344p.

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Going to Court to Change Japan: Social Movement and the Law in Contemporary Japan

Edited by Patricia G. Steinhoff

"Going to Court to Change Japan takes us inside movements dealing with causes as disparate as death by overwork, the rights of the deaf, access to prisoners on death row, consumer product safety, workers whose companies go bankrupt, and persons convicted of crimes they did not commit. Each of the six fascinating case studies stands on its own as a detailed account of how a social movement has persisted against heavy odds to pursue a cause through the use of the courts. The studies pay particular attention to the relationship between the social movement and the lawyers who handle their cases, usually pro bono or for minimal fees. Through these case studies we learn much about how the law operates in Japan as well as how social movements mobilize and innovate to pursue their goals using legal channels. The book also provides a general introduction to the Japanese legal system and a look at how recent legal reforms are working.

Ann Arbor: University of Michigan Press, 2014. 196p.

Common Law Judging: Subjectivity, Impartiality, and the Making of Law

Edited by Douglas Edlin

Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism.

In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge's individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge's subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences.

Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.

Ann Arbor: University of Michigan Press, 2016. 281p.