Narratives of Justice In and Out of the Courtroom


Book Description

This volume considers the dynamic relations between the contemporary practices of international criminal tribunals and the ways in which competing histories, politics and discourses are re-imagined and re-constructed in the former Yugoslavia and beyond. There are two innovative aspects of the book - one is the focus on narratives of justice and their production, another is in its comparative perspective. While legal scholars have tended to analyze transitional justice and the international war tribunals in terms of their success or failure in establishing the facts of war crimes, this volume goes beyond mere facts and investigates how the courts create a symbolic space within which competing narratives of crimes, perpetrators and victims are produced, circulated and contested. It analyzes how international criminal law and the courts gather, and in turn produce, knowledge about societies in war, their histories and identities, and their relations to the wider world. Moreover, the volume situates narratives of transitional justice in former Yugoslavia both within specific national spaces - such as Serbia, and Bosnia - and beyond the Yugoslav. In this way it also considers experiences from other countries and other times (post-World War II) to offer a sounding board for re-thinking the meanings of transitional justice and institutions within former Yugoslavia. Included in the volume's coverage is a look at the Rwandan tribunals, the trials of Charles Taylor, Radovan Karadzic, the Srebrenica genocide, and other war crimes and criminals in the Yugoslav. Finally, it frames all of those narratives and experiences within the global dynamics of legal, social and geo-political transformations, making it an excellent resource for social science researchers, human rights activists, those interested in the former Yugoslavia and international relations, and legal scholars.




Pursuing the Horizon


Book Description

Pursuing the Horizon offers a collection of essays and courtroom stories from an activist, death penalty lawyer, and Washington, D.C. judge struggling to seek justice in the courtroom, in the fields where migrant farmworkers toil and in the rice paddies of Vietnam. The book explores justice in all its forms from freedom for beaten migrant farmworkers in the shadow of the Ku Klux Klan, to life itself in a death row plea for mercy before Governor George Wallace of Alabama only to witness the client killed in a botched execution in the electric chair that shocked the world. Justice from the other side of the bench looks at the challenge for a judge wrestling with the age-old quandary of whether the ends justify the means when strictly following the law would result in a miscarriage of justice. The author must make the wrenching decision as to whether to terminate life support to allow a woman die with dignity when family members have different views of the right to live and right to die. The elusive search for justice follows the judge to a high profile murder trial for the killing of a prominent Georgetown writer by her fabulist husband posing as an Iraqi general all the while conning a Vice President, Supreme Court justice and elite journalists that led to the Hollywood movie Georgetown, starring Christoph Waltz and Vanessa Redgrave. Finally, the journey takes the author to Vietnam where he seeks to pay homage and find reconciliation at the site where his brother was killed in the war. Pursuing the Horizon allows the reader to sample some of the most horrifying, perplexing, and important issues in life and the law, offering the general public, via suspenseful and riveting stories, a rare lens into the daily life and minds of those seeking to achieve justice and those who must live, or sometimes die, with the consequences of their efforts. Justice, like the horizon, always seems to be beyond our grasp. But that can never mean that we should stop pursuing it. This book is about the author's search for justice along with dedicated judges, lawyers, jurors, those accused of crime, those who are the victims of crime, police, social workers, nurses, mental health workers, and the public at large.




Affective Justice


Book Description

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.




Privilege and Punishment


Book Description

How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.




Caring for Families in Court


Book Description

In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.




Justice as Message


Book Description

International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.




Reassessing the Nuremberg Military Tribunals


Book Description

For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial—the International Military Tribunal or IMT. The dominant interpretation—neatly summarized in the ubiquitous formula of “Subsequent Trials”—ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949.




Doing Justice to History


Book Description

This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.




Narratives of Justice


Book Description

Narratives of Justice offers a provocative, contemporary look at the timeless questions of justice and fairness. Using face-to-face interviews, Grant Reeher plumbs the minds of legislators for their beliefs about distributive justice and attempts to discover the ways in which those beliefs influence their behavior. The book calls into question many notions of American political ideology and, in particular, the idea of an "American exceptionalism" regarding views from the political left, and the dominance in the United States of a "liberal tradition." Political philosophers have amassed a large body of work on justice and fairness from a theoretical perspective, but there is comparatively little empirical work on the subject. The work that does exist concentrates on the beliefs of the public. We know very little concerning the beliefs about justice held by political elites. This work offers a window into the beliefs of legislators, a group for which such an inquiry is rarely undertaken. The book is based on a set of extended, in-depth interviews with the members of the Connecticut State Senate as well as a year of close observation of the Senate in action. The interviews averaged four hours in length and covered a variety of topics related to fairness. Through this material, Reeher employs a narrative-based framework to understand the patterns in the senators' interview responses, and develops a typology of the senator's narratives. These narratives vary in both content and form, and as a whole present a surprising range of views. Narratives of Justice will be of interest to those concerned with justice, political ideologies, and political beliefs, as well as state and local politics and, more generally, American politics. Its wide research and thorough documentation make it a useful guide to the literature within and beyond political science concerning beliefs, ideologies, legislative behavior, and qualitative research methods. Grant Reeher is Assistant Professor, Maxwell School of Citizenship and Public Affairs, Department of Political Science, Syracuse University, and currently a Robert Wood Johnson Foundation Scholar in Health Policy Research, University of Michigan.




Narrative and Metaphor in the Law


Book Description

Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.