Author: Mary E. VogelPublisher:
ISBN:
Category : Plea bargaining
Languages : en
Pages :
Book Description
Coercion to Compromise
Author: Mary E. VogelPublisher:
ISBN:
Category : Plea bargaining
Languages : en
Pages :
Book Description
On Compromise and Coercion
Author: Raphael Cohen-AlmagorPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
This essay addresses the concepts of compromise and coercion. When compromise takes place between two or more parties, reciprocity must be present; that is, the concessions are mutual. A relevant distinction is between principled and tactical compromise. A principled compromise refers to a mutual recognition by each side of the other's rights, which leads them to make concessions to enable them to meet on a middle ground. It is genuinely made in good faith and both sides reconcile themselves to the results. On the other hand, the notion of tactical compromise reflects temporary arrangement reached as a result of constraints related to time. Here, in fact, agents do not give up any of their aims. They do not act in good faith and do not intend to meet their counterpart on a middle ground. Instead, they simply realize that the end could not be achieved at a given point of time, and they aim to reach it stage by stage. The essential component of compromise, namely mutuality, is lacking. Next, the paper draws a further distinction between internalized coercion and designated coercion. Internalized coercion relates to the system of manipulation to which members of a certain sub-culture are subjected, which prevents them from realizing that they are being coerced to follow a certain conception that denies them basic rights. Designated coercion is individualistic in nature, aimed at a certain individual who rebels against the discriminatory norm. Unlike the internalized coercion it is not concerned with machinery aiming to convince the entire cultural group of an irrefutable truth; instead it is designed to exert pressure on uncertain, "confused" individuals so as to bring them back to their community.
Coercion to Compromise
Author: Mary E. VogelPublisher:
ISBN:
Category : Law
Languages : en
Pages : 456
Book Description
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 StoltzfusPublisher: Yale University Press
ISBN: 0300220995
Category : History
Languages : en
Pages : 430
Book Description
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.
Coercion, Exemption, Compromise, Convergence, Or Avoidance?
Author: Netta Barak-CorrenLiberty and Coercion
Author: Gary GerstlePublisher: Princeton University Press
ISBN: 0691178216
Category : History
Languages : en
Pages : 470
Book Description
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 DelegatesPublisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
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.
Between Two Fires
Author: Joshua YaffaPublisher:
ISBN: 1524760595
Category : Biography & Autobiography
Languages : en
Pages : 372
Book Description
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.
Prologue to Conflict
Author: Holman HamiltonPublisher: University Press of Kentucky
ISBN: 0813158311
Category : History
Languages : en
Pages : 256
Book Description
The crisis facing the United States in 1850 was a dramatic prologue to the conflict that came a decade later. The rapid opening of western lands demanded the speedy establishment of local civil administration for these vast regions. Outraged partisans, however, cried of coercion: Southerners saw a threat to the precarious sectional balance, and Northerners feared an extension of slavery. In this definitive study, Holman Hamilton analyzes the complex events of the anxious months from December, 1849, when the Senate debates began, until September, 1850, when Congress passed the measures.
Coercive Control
Author: Evan StarkPublisher: Oxford University Press
ISBN: 0195384040
Category : Family & Relationships
Languages : en
Pages : 465
Book Description
Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.