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L'univers Maranda: même le diable a droit à un avocat
Par Christian Tétreault. 2023
Un criminaliste flamboyant, les pires bandits de l'histoire judiciaire du Québec: Bienvenue dans l'univers Maranda. Avocat de génie qui tétanisait…
la partie adverse et imposait le respect aux juges les plus coriaces, ardent défenseur des droits et libertés fasciné par le parcours des hors-la-loi qu'il représentait, homme respectable que l'amour a traîné sur le banc des accusés: Léo-René Maranda (1932-2012) était la complexité faite homme. Découvrir l'univers Maranda, c'est plonger dans une époque révolue où les figures mythiques de Brian Erb, Richard Foley, Monica-la-mitraille, Gérard Fontaine, Donald Côté et Alain Charron couraient encore les rues, protégées par la verve de leur éblouissant défenseurMore than any other advanced industrial democracy, the United States is besieged by firearms violence. Each year, some 30,000 people…
die by gunfire. Over the course of its history, the nation has witnessed the murders of beloved public figures; massacres in workplaces and schools; and epidemics of gun violence that terrorize neighborhoods and claim tens of thousands of lives. Commanding majorities of Americans voice support for stricter controls on firearms. Yet they have never mounted a true national movement for gun control. Why? Disarmed unravels this paradox. Based on historical archives, interviews, and original survey evidence, Kristin Goss suggests that the gun control campaign has been stymied by a combination of factors, including the inability to secure patronage resources, the difficulties in articulating a message that would resonate with supporters, and strategic decisions made in the name of effective policy. The power of the so-called gun lobby has played an important role in hobbling the gun-control campaign, but that is not the entire story. Instead of pursuing a strategy of incremental change on the local and state levels, gun control advocates have sought national policies. Some 40% of state gun control laws predate the 1970s, and the gun lobby has systematically weakened even these longstanding restrictions. A compelling and engagingly written look at one of America's most divisive political issues, Disarmed illuminates the organizational, historical, and policy-related factors that constrain mass mobilization, and brings into sharp relief the agonizing dilemmas faced by advocates of gun control and other issues in the United States.Why Tolerate Religion?: Updated Edition
Par Brian Leiter. 2014
Why it's wrong to single out religious liberty for special legal protectionsThis provocative book addresses one of the most enduring…
puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.Pillars of Prosperity: The Political Economics of Development Clusters (The Yrjö Jahnsson Lectures)
Par Timothy Besley, Torsten Persson. 2011
How nations can promote peace, prosperity, and stability through cohesive political institutions"Little else is required to carry a state to…
the highest degree of opulence from the lowest barbarism, but peace, easy taxes, and a tolerable administration of justice; all the rest being brought about by the natural course of things." So wrote Adam Smith a quarter of a millennium ago. Using the tools of modern political economics and combining economic theory with a bird's-eye view of the data, this book reinterprets Smith's pillars of prosperity to explain the existence of development clusters—places that tend to combine effective state institutions, the absence of political violence, and high per-capita incomes.To achieve peace, the authors stress the avoidance of repressive government and civil conflict. Easy taxes, they argue, refers not to low taxes, but a tax system with widespread compliance that collects taxes at a reasonable cost from a broad base, like income. And a tolerable administration of justice is about legal infrastructure that can support the enforcement of contracts and property rights in line with the rule of law. The authors show that countries tend to enjoy all three pillars of prosperity when they have evolved cohesive political institutions that promote common interests, guaranteeing the provision of public goods. In line with much historical research, international conflict has also been an important force behind effective states by fostering common interests. The absence of common interests and/or cohesive political institutions can explain the existence of very different development clusters in fragile states that are plagued by poverty, violence, and weak state capacity.A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before
Par Cass R. Sunstein. 2009
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in…
remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition
Par Randy E. Barnett. 2014
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the…
Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.Breaking the Cycles of Hatred: Memory, Law, and Repair
Par Martha Minow. 2003
Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations,…
between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.Why Government Fails So Often: And How It Can Do Better
Par Peter H. Schuck. 2015
How government can implement more successful policies, more oftenFrom healthcare to workplace and campus conduct, the federal government is taking…
on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. Ineffective policies are caused by deep structural factors regardless of which party is in charge, bringing our government into ever-worsening disrepute. Understanding why government fails so often—and how it might become more effective—is a vital responsibility of citizenship.In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry—and how to right the foundering ship of state. An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such a disgraceful state and how it can do better.School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state…
issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.Caught: The Prison State and the Lockdown of American Politics
Par Marie Gottschalk. 2016
A major reappraisal of crime and punishment in AmericaThe huge prison buildup of the past four decades has few defenders,…
yet reforms to reduce the numbers of those incarcerated have been remarkably modest. Meanwhile, an ever-widening carceral state has sprouted in the shadows, extending its reach far beyond the prison gate. It sunders families and communities and reworks conceptions of democracy, rights, and citizenship—posing a formidable political and social challenge. In Caught, Marie Gottschalk examines why the carceral state remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies—one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism.With a new preface evaluating the effectiveness of recent proposals to reform mass incarceration, Caught offers a bracing appraisal of the politics of penal reform.Scripting Addiction: The Politics of Therapeutic Talk and American Sobriety
Par E. Summerson Carr. 2011
Gaming the language of addiction treatmentScripting Addiction takes readers into the highly ritualized world of mainstream American addiction treatment. It…
is a world where clinical practitioners evaluate how drug users speak about themselves and their problems, and where the ideal of "healthy" talk is explicitly promoted, carefully monitored, and identified as the primary sign of therapeutic progress. The book explores the puzzling question: why do addiction counselors dedicate themselves to reconciling drug users' relationship to language in order to reconfigure their relationship to drugs?To answer this question, anthropologist Summerson Carr traces the charged interactions between counselors, clients, and case managers at "Fresh Beginnings," an addiction treatment program for homeless women in the midwestern United States. She shows that shelter, food, and even the custody of children hang in the balance of everyday therapeutic exchanges, such as clinical assessments, individual therapy sessions, and self-help meetings. Acutely aware of the high stakes of self-representation, experienced clients analyze and learn to effectively perform prescribed ways of speaking, a mimetic practice they call "flipping the script."As a clinical ethnography, Scripting Addiction examines how decades of clinical theorizing about addiction, language, self-knowledge, and sobriety is manifested in interactions between counselors and clients. As an ethnography of the contemporary United States, the book demonstrates the complex cultural roots of the powerful clinical ideas that shape therapeutic transactions—and by extension administrative routines and institutional dynamics—at sites such as "Fresh Beginnings."In the 1930s, fewer than one in one hundred U.S. labor union members were African American. By 1980, the figure…
was more than one in five. Black and Blue explores the politics and history that led to this dramatic integration of organized labor. In the process, the book tells a broader story about how the Democratic Party unintentionally sowed the seeds of labor's decline. The labor and civil rights movements are the cornerstones of the Democratic Party, but for much of the twentieth century these movements worked independently of one another. Paul Frymer argues that as Democrats passed separate legislation to promote labor rights and racial equality they split the issues of class and race into two sets of institutions, neither of which had enough authority to integrate the labor movement. From this division, the courts became the leading enforcers of workplace civil rights, threatening unions with bankruptcy if they resisted integration. The courts' previously unappreciated power, however, was also a problem: in diversifying unions, judges and lawyers enfeebled them financially, thus democratizing through destruction. Sharply delineating the double-edged sword of state and legal power, Black and Blue chronicles an achievement that was as problematic as it was remarkable, and that demonstrates the deficiencies of race- and class-based understandings of labor, equality, and power in America.Dangerous Sex, Invisible Labor: Sex Work and the Law in India
Par Prabha Kotiswaran. 2011
Popular representations of third-world sex workers as sex slaves and vectors of HIV have spawned abolitionist legal reforms that are…
harmful and ineffective, and public health initiatives that provide only marginal protection of sex workers' rights. In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in India. Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective.Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or…
healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.The Constrained Court: Law, Politics, and the Decisions Justices Make
Par Michael A. Bailey, Forrest Maltzman. 2012
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the…
law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.The Law Is a White Dog: How Legal Rituals Make and Unmake Persons
Par Colin Dayan. 2011
A fascinating account of how the law determines or dismantles identity and personhoodAbused dogs, prisoners tortured in Guantánamo and supermax…
facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives.Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo.Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.Bodies of Law
Par Alan Hyde. 1997
The most basic assertions about our bodies--that they are ours and distinguish us from each other, that they are private…
and have boundaries, races, and genders--are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory. Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.What We Owe Iraq: War and the Ethics of Nation Building
Par Noah Feldman. 2004
What do we owe Iraq? America is up to its neck in nation building--but the public debate, focused on getting…
the troops home, devotes little attention to why we are building a new Iraqi nation, what success would look like, or what principles should guide us. What We Owe Iraq sets out to shift the terms of the debate, acknowledging that we are nation building to protect ourselves while demanding that we put the interests of the people being governed--whether in Iraq, Afghanistan, Kosovo, or elsewhere--ahead of our own when we exercise power over them. Noah Feldman argues that to prevent nation building from turning into a paternalistic, colonialist charade, we urgently need a new, humbler approach. Nation builders should focus on providing security, without arrogantly claiming any special expertise in how successful nation-states should be made. Drawing on his personal experiences in Iraq as a constitutional adviser, Feldman offers enduring insights into the power dynamics between the American occupiers and the Iraqis, and tackles issues such as Iraqi elections, the prospect of successful democratization, and the way home. Elections do not end the occupier's responsibility. Unless asked to leave, we must resist the temptation of a military pullout before a legitimately elected government can maintain order and govern effectively. But elections that create a legitimate democracy are also the only way a nation builder can put itself out of business and--eventually--send its troops home. Feldman's new afterword brings the Iraq story up-to-date since the book's original publication in 2004, and asks whether the United States has acted ethically in pushing the political process in Iraq while failing to control the security situation; it also revisits the question of when, and how, to withdraw.Constitutional Faith
Par Sanford Levinson. 2012
This book examines the "constitutional faith" that has, since 1788, been a central component of American "civil religion." By taking…
seriously the parallel between wholehearted acceptance of the Constitution and religious faith, Sanford Levinson opens up a host of intriguing questions about what it means to be American. While some view the Constitution as the central component of an American religion that serves to unite the social order, Levinson maintains that its sacred role can result in conflict, fragmentation, and even war. To Levinson, the Constitution's value lies in the realm of the discourse it sustains: a uniquely American form of political rhetoric that allows citizens to grapple with every important public issue imaginable. In a new afterword, Levinson looks at the deepening of constitutional worship and attributes the current widespread frustrations with the government to the static nature of the Constitution.Accelerating Democracy: Transforming Governance Through Technology
Par John O. McGinnis. 2012
How to adapt democracy to the accelerating pace of technological change—and why it's critical that we doSuccessful democracies throughout history—from…
ancient Athens to Britain on the cusp of the industrial age—have used the technology of their time to gather information for better governance. Our challenge is no different today, but it is more urgent because the accelerating pace of technological change creates potentially enormous dangers as well as benefits. Accelerating Democracy shows how to adapt democracy to new information technologies that can enhance political decision making and enable us to navigate the social rapids ahead.John O. McGinnis demonstrates how these new technologies combine to address a problem as old as democracy itself--how to help citizens better evaluate the consequences of their political choices. As society became more complex in the nineteenth century, social planning became a top-down enterprise delegated to experts and bureaucrats. Today, technology increasingly permits information to bubble up from below and filter through more dispersed and competitive sources. McGinnis explains how to use fast-evolving information technologies to more effectively analyze past public policy, bring unprecedented intensity of scrutiny to current policy proposals, and more accurately predict the results of future policy. But he argues that we can do so only if government keeps pace with technological change. For instance, it must revive federalism to permit different jurisdictions to test different policies so that their results can be evaluated, and it must legalize information markets to permit people to bet on what the consequences of a policy will be even before that policy is implemented.Accelerating Democracy reveals how we can achieve a democracy that is informed by expertise and social-scientific knowledge while shedding the arrogance and insularity of a technocracy.