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Coercion to Compromise
Author: Mary E. Vogel
Publisher:
Published: 2007
Total Pages: 456
ISBN-13:
DOWNLOAD EBOOK →Plea bargaining is one of the most striking features of American courts. The vast majority of criminal convictions today are produced through bargained pleas. Where does the practice come from? Whose interests does it serve? Often plea bargaining is imagined as a corruption of the court during the post-World War II years, paradoxically rewarding those who appear guilty rather than those claiming innocence. Yet, as Mary Vogel argues in this pathbreaking history, plea bargaining's roots are deeper and more distinctly American than is commonly supposed. During the Age of Jackson, amidst crime and violence wrought by social change, the courts stepped forward as agents of the state to promote the social order. Plea bargaining arose during the 1830s and 1840s as part of this process of political stabilization and an effort to legitimate institutions of self-rule--accomplishments that were vital to Whig efforts to restore order and reconsolidate their political power. To this end, the tradition of episodic leniency from British common law was recrafted into a new cultural form--plea bargaining--that drew conflicts into the courts while maintaining elite discretion over sentencing policy. In its reliance on the mechanism of leniency, the courts were attempting a sort of social "triage"--sorting those who could be reclaimed as industrious and productive citizens from marginals and transients. The "worthy" often paid fines and were returned to their community under the watchful eyes of their intercessors and that most powerful web of social control, that of everyday life. Created during a period of social mobility, plea bargaining presumed that those with much to lose through conviction would embrace individual reform. Today, when many defendants who come before the court have much less in the way of prospects to lose, leniency may be more likely to be regarded with cynicism, as an act of weakness by the state, and plea bargaining may grow more problematic.
Hitler's Compromises
Author: Nathan Stoltzfus
Publisher: Yale University Press
Published: 2016-07-12
Total Pages: 430
ISBN-13: 0300220995
DOWNLOAD EBOOK →History has focused on Hitler’s use of charisma and terror, asserting that the dictator made few concessions to maintain power. Nathan Stoltzfus, the award-winning author of Resistance of Heart: Intermarriage and the Rosenstrasse Protest in Germany, challenges this notion, assessing the surprisingly frequent tactical compromises Hitler made in order to preempt hostility and win the German people’s complete fealty. As part of his strategy to secure a “1,000-year Reich,” Hitler sought to convince the German people to believe in Nazism so they would perpetuate it permanently and actively shun those who were out of step with society. When widespread public dissent occurred at home—which most often happened when policies conflicted with popular traditions or encroached on private life—Hitler made careful calculations and acted strategically to maintain his popular image. Extending from the 1920s to the regime’s collapse, this revealing history makes a powerful and original argument that will inspire a major rethinking of Hitler’s rule.
Liberty and Coercion
Author: Gary Gerstle
Publisher: Princeton University Press
Published: 2017-10-24
Total Pages: 470
ISBN-13: 0691178216
DOWNLOAD EBOOK →How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOK →The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Handbook of Organizations (RLE: Organizations)
Author: James March
Publisher: Routledge
Published: 2013-06-26
Total Pages: 1269
ISBN-13: 1135965420
DOWNLOAD EBOOK →This book charts the state of organizational research and theory during the 1960s. A compendium of results, references, concepts ideas and theories, this Handbook will be of interest to both academics in organizational theory and managers facing operating problems of organizations.
Between Two Fires
Author: Joshua Yaffa
Publisher:
Published: 2020
Total Pages: 372
ISBN-13: 1524760595
DOWNLOAD EBOOK →From a leading journalist in Moscow and correspondent for The New Yorker, a groundbreaking portrait of modern Russia and the inner struggles of the people who sustain Vladimir Putin's rule "Unforgettable. . . . This is a book about Putin's Russia that is unlike any other." --Patrick Radden Keefe, author of Say Nothing In this rich and novelistic tour of contemporary Russia, Joshua Yaffa introduces readers to some of the country's most remarkable figures--from politicians and entrepreneurs to artists and historians--who have built their careers and constructed their identities in the shadow of the Putin system. Torn between their own ambitions and the omnipresent demands of the state, each walks an individual path of compromise. Some muster cunning and cynicism to extract all manner of benefits and privileges from those in power. Others, finding themselves to be less adept, are left broken and demoralized. What binds them together is the tangled web of dilemmas and contradictions they face. Between Two Fires chronicles the lives of a number of strivers who understand that their dreams are best--or only--realized through varying degrees of cooperation with the Russian government. With sensitivity and depth, Yaffa profiles the director of the country's main television channel, an Orthodox priest at war with the church hierarchy, a Chechen humanitarian who turns a blind eye to persecutions, and many others. The result is an intimate and probing portrait of a nation that is much discussed yet little understood. By showing how citizens shape their lives around the demands of a capricious and frequently repressive state--as often by choice as under threat of force--Yaffa offers urgent lessons about the true nature of modern authoritarianism.
Counseling Women
Author: Julia Kowalski
Publisher: University of Pennsylvania Press
Published: 2022-10-11
Total Pages: 241
ISBN-13: 1512822833
DOWNLOAD EBOOK →Women’s rights activists around the world have commonly understood gendered violence as the product of so-called traditional family structures, from which women must be liberated. Counseling Women contends that this perspective overlooks the social and cultural contexts in which women understand and navigate their relationships with kin. This book follows frontline workers in India, called family counselors, as they support women who have experienced violence at home in the context of complex shifting legal and familial systems. Drawing on ethnographic research at counseling centers in Jaipur, Rajasthan, Julia Kowalski shows how an individualistic notion of women’s rights places already vulnerable women into even more precarious positions by ignoring the reality of the social relations that shape lives within and beyond the family. Thus, rather than focusing on attaining independence from kin, family counselors in India instead strive to help women cultivate relationships of interdependence in order to reimagine family life in the wake of violence. Counselors mobilize the beliefs, concepts, and frameworks of kinship to offer women interactive strategies to gain agency within the family, including multigenerational kin networks encompassing parents, in-laws, and other extended family. Through this work, kinship becomes a resource through which people imagine and act on new familial futures. In viewing this reliance on kinship as part of, rather than a deviation from, global women’s rights projects, Counseling Women reassesses Western liberal feminism’s notions of what it means to have agency and what constitutes violence, and retheorizes the role of interdependence in gendered violence and inequality as not only a site of vulnerability but a potential source of strength.
Social Cohesion and Legal Coercion
Author: Leon Shaskolsky Sheleff
Publisher: BRILL
Published: 2021-11-15
Total Pages: 418
ISBN-13: 9004495924
DOWNLOAD EBOOK →The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism.
The Secret State: A History of Intelligence and Espionage
Author: John Hughes-Wilson
Publisher: Simon and Schuster
Published: 2017-01-10
Total Pages: 528
ISBN-13: 1681773694
DOWNLOAD EBOOK →A ground-breaking history of intelligence—from its classical origins to the onset of the surveillance state in the digital age—that lifts the veil of secrecy from this clandestine world. Comprehensive and authoritative, The Secret State skillfully examines the potential pitfalls of the traditional intelligence cycle; the dangerous uncertainties of spies and human intelligence; how the Cold War became an electronic intelligence war; the technical revolution that began with the use of reconnaissance photography in World War I and during the Cuban Missile Crisis; the legacy of Stalin's deliberate ignoring of vital intelligence; how signals intelligence gave America one of its greatest victories; how Wikileaks really happened; and whether 9/11 could have been avoided if America's post-Cold War intelligence agencies had adapted to the new world of international terrorism. Authoritative and analytical, Hughes-Wilson searches for hard answers and scrutinizes why crucial intelligence is so often ignored, misunderstood, or spun by politicians and seasoned generals alike. From yesterday's spies to tomorrow's cyber world, The Secret State is a fascinating and thought-provoking history of this ever-changing and ever-important subject.
