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Author: Charlie Eastaugh Publisher: Springer ISBN: 3319617354 Category : Social Science Languages : en Pages : 245
Book Description
This book examines American solitary confinement – in which around 100,000 prisoners are held at any one time – and argues that under a moral reading of individual rights such punishment is not only a matter of public interest, but requires close constitutional scrutiny. While Eighth Amendment precedent has otherwise experienced a generational fixation on the death penalty, this book argues that such scrutiny must be extended to the hidden corners of the US prison system. Despite significant reforms to capital sentencing by the executive and legislative branches, Eastaugh shows how the American prison system as a whole has escaped meaningful judicial oversight. Drawing on a wide range of socio-political contexts in order to breathe meaning into the moral principles underlying the punishments clause, the study includes an extensive review of professional (medico-legal) consensus and comparative transnational human rights standards united against prolonged solitary confinement. Ultimately, Eastaugh argues that this practice is unconstitutional. An informed and empowering text, this book will be of particular interest to scholars of law, punishment, and the criminal justice system.
Author: Charlie Eastaugh Publisher: Springer ISBN: 3319617354 Category : Social Science Languages : en Pages : 245
Book Description
This book examines American solitary confinement – in which around 100,000 prisoners are held at any one time – and argues that under a moral reading of individual rights such punishment is not only a matter of public interest, but requires close constitutional scrutiny. While Eighth Amendment precedent has otherwise experienced a generational fixation on the death penalty, this book argues that such scrutiny must be extended to the hidden corners of the US prison system. Despite significant reforms to capital sentencing by the executive and legislative branches, Eastaugh shows how the American prison system as a whole has escaped meaningful judicial oversight. Drawing on a wide range of socio-political contexts in order to breathe meaning into the moral principles underlying the punishments clause, the study includes an extensive review of professional (medico-legal) consensus and comparative transnational human rights standards united against prolonged solitary confinement. Ultimately, Eastaugh argues that this practice is unconstitutional. An informed and empowering text, this book will be of particular interest to scholars of law, punishment, and the criminal justice system.
Author: Julian Stern Publisher: Bloomsbury Publishing ISBN: 1350162175 Category : Education Languages : en Pages : 440
Book Description
The Bloomsbury Handbook of Solitude, Silence and Loneliness is the first major account integrating research on solitude, silence and loneliness from across academic disciplines and across the lifespan. The editors explore how being alone – in its different forms, positive and negative, as solitude, silence and loneliness – is learned and developed, and how it is experienced in childhood and youth, adulthood and old age. Philosophical, psychological, historical, cultural and religious issues are addressed by distinguished scholars from Europe, North and Latin America, and Asia.
Author: Hannibal Travis Publisher: Taylor & Francis ISBN: 1040087019 Category : Law Languages : en Pages : 159
Book Description
This book analyzes questions of platform bias, algorithmic filtering and ranking of Internet speech, and declining perceptions of online freedom. Courts have intervened against unfair platforms in important cases, but they have deferred to private sector decisions in many others, particularly in the United States. The First Amendment, human rights law, competition law, Section 230 of the Communications Decency Act, and an array of state and foreign laws address bad faith conduct by Internet platforms or other commercial actors. Arguing that the problem of platform neutrality is similar to the net neutrality problem, the book discusses the assault on freedom of speech that emerges from public-private partnerships. The book draws parallels between U.S. constitutional and statutory doctrines relating to shared spaces and the teachings of international human rights bodies relating to the responsibilities of private actors. It also connects the dots between new rights to appeal account or post removals under the Digital Services Act of the European Union and a variety of fair treatment obligations of platforms under American and European competition laws, “public accommodations” laws, and public utilities laws. Analyzing artificial intelligence (AI) regulation from the point of view of social-media and video-platform users, the book explores overlaps between European and U.S. efforts to limit algorithmic censorship or “shadow-banning”. The book will be of interest to students and scholars in the field of cyberlaw, the law of emerging technologies and AI law.
Author: Ulrike Müßig Publisher: Springer ISBN: 3319730371 Category : Law Languages : en Pages : 425
Book Description
This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)
Author: Charlie Eastaugh
Author: Charlie Eastaugh
Author: Julian Stern
Author: Netta Weinstein
Author: Hannibal Travis
Author: Johann Georg Zimmermann
Author: Johann Georg Zimmermann
Author: Johann Georg Zimmermann
Author: Ulrike Müßig
Author: Johann Georg Zimmermann
Author: Johann Georg Zimmermann