Sexual desire, and the possible dangers associated with its more extreme manifestations, provokes strong, albeit often contradictory reactions. Such reactions are a well-known stimulant of creative, juridical and scholarly activity, and the texts of law, literature and academic criticism respond to it in ways that suggest both of revulsion and fascination. But how are we to understand such responses, and what can they tell us about the relationship between law and its‘others’? Exploring these questions in the context of HIV transmission, on-street sexual exploitation and erotic asphyxiation, this book draws on psychoanalytic theory in order to understand the motivations behind legal, literary and cultural constructions of sexual offences, their perpetrators and victims. Its analysis of these constructions in a diverse range of sources - including appeal judgments in England & Wales and North America, criminal trials and their reporting, visual and linguistic cultures and both modern and ‘classical’ literature – will be of great interest to legal theorists and socio-legal scholars, as well as those with relevant concerns in the fields of literature and cultural studies.

This book critically engages criminal law issues relating to sexuality and violence in order to argue that an attention to emotions can produce a more nuanced, and more adequate, feminist account of legal subjectivity. Although the relationship between law and feminism has resulted in a vast body of work, the issue of emotions has not been foregrounded in feminist legal scholarship in India. Indeed, many feminists have argued that reason and not emotion must provide the foundational basis for all laws and legal reforms; an argument that has led to a division of the legal and the psychic or the emotional into separate and distinct zones. Challenging this separation, the book engages a range of recent criminal law cases and legislations in India in order to advocate for a ‘feminine’ law that embraces its inherent cracks and contradictions. Drawing on psychoanalytic theory, the book takes up a range of issues surrounding sexuality and violence in order to propose a shift from viewing law as reason to seeing law as the terrain of messy and contradictory emotional continuums; where legal subjects are viewed in their psychic dimensions, and where law itself is opened up to its own unconscious desires. Foregrounding emotions in this way, the book argues, can offer new insights into the operation of criminal law, and new orientations for feminist ways of responding to, and engaging with, it. This book will be of interest to scholars and students working in the areas of criminal law, legal feminism, and gender studies.

What are the implications of comics for law? Tackling this question, On Comics and Legal Aesthetics explores the epistemological dimensions of comics and the way this once-maligned medium can help think about – and reshape – the form of law. Traversing comics, critical, and cultural legal studies, it seeks to enrich the theorisation of comics with a critical aesthetics that expands its value and significance for law, as well as knowledge more generally. It argues that comics’ multimodality – its hybrid structure, which represents a meeting point of text, image, reason, and aesthetics – opens understanding of the limits of law’s rational texts by shifting between multiple frames and modes of presentation. Comics thereby exposes the way all forms of knowledge are shaped out of an unstructured universe, becoming a mask over this chaotic ‘beyond’. This mask of knowing remains haunted – by that which it can never fully capture or represent. Comics thus models knowledge as an infinity of nested frames haunted by the chaos without structure. In such a model, the multiple aspects of law become one region of a vast and bottomless cascade of perspectives – an infinite multiframe that extends far beyond the traditional confines of the comics page, rendering law boundless.

"In this newest installment in Chicagos series of Jacques Derridas seminars, the renowned philosopher attempts one of his most ambitious goals: the first truly philosophical argument against the death penalty. While much has been written against the death penalty, Derrida contends that Western philosophy is massively, if not always overtly, complicit with a logic in which a sovereign state has the right to take a life. Haunted by this notion, he turns to the key places where such logic has been established - and to the place it has been most effectively challenged: literature. With his signature genius and patient yet dazzling readings of an impressive breadth of texts, Derrida examines everything from the Bible to Plato to Camus to Jean Genet, with special attention to Kant and postWorld War II juridical texts, to draw the landscape of death penalty discourses. Keeping clearly in view the death rows and execution chambers of the United States, he shows how arguments surrounding cruel and unusual punishment depend on what he calls an 'anesthesial logic, ' which has also driven the development of death penalty technology from the French guillotine to lethal injection. Confronting a demand for philosophical rigor, he pursues provocative analyses of the shortcomings of abolitionist discourse. Above all, he argues that the death penalty and its attendant technologies are products of a desire to put an end to one of the most fundamental qualities of our finite existence: the radical uncertainty of when we will die. Arriving at a critical juncture in history - especially in the United States, one of the last Christian-inspired democracies to resist abolition - The Death Penalty is both a timely response to an important ethical debate and a timeless addition to Derridas esteemed body of work"--Unedited summary from book jacket.

How do we bring the law into line with people's psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes--behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.

Jens Ohlin’s Criminal Lawis designed to respond to the changing nature of law teaching by offering a shorter, flexible, and more doctrinal approach, with an emphasis on application. Materials are presented, in a visually lively style, via a consistently structured pedagogy within each chapter: Doctrine (treatise-like explanation), Application (cases), and Practice/Policy (questions providing an opportunity for normative critique of the law and exploration of practical and strategic challenges facing criminal lawyers). Theory is integrated into the doctrine section rather than conveyed through law review excerpts, so as to help students make the necessary connections to doctrinal issues. Aggressively-edited cases help keep the length to a minimum, and modern cases will engage younger students and professors. New to the Third Edition: New materials on mass incarceration, the “defund the police” movement, and prison abolition Revised chapter on Felony Murder, taking into account recent doctrinal developments, including California’s repeal of the doctrine Revised chapter on Provocation New Problem Case dealing with “Swatting” New chapter on Offenses Against the Administration of Justice, covering obstruction of justice, perjury, bribery, corruption, and contempt of court Professors and students will benefit from: Structure and content which line up with how professors actually teach the course, as opposed to how the course was taught a generation ago Integrated notes throughout the casebook, directing students to view a series of 20 short video clips that bring the doctrinal controversies to life in a fictional courtroom Shorter-than-average casebook length, helping to make it more manageable for professors with reduced course hours Brief chapters, each focusing on a single doctrine Innovative pedagogy emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles) Theory interwoven into doctrine materials (rather than rigorous law review excerpts) New, fresh, tightly-edited cases Post-case notes and questions to invite closer examination of doctrine/application and to generate class discussion “Problem Case” boxes (featuring high-profile cases and which include discussion questions) Hypotheticals “Afterward” boxes (following some cases) “Advice” boxes “Practice and Policy” sections in each chapter, urging students to consider how the various actors in the process (prosecutors, defense counsel, judges and juries) make particular decisions and the strategic calculations that informed them, and make this casebook more practice-ready than others Open, two-color design with appealing visual elements (including carefully-selected photographs)

This comprehensive Handbook presents the major perspectives within philosophy and literary studies on the relations, overlaps and tensions between philosophy and literature. Drawing on recent work in philosophy and literature, literary theory, philosophical aesthetics, literature as philosophy and philosophy as literature, its twenty-nine chapters plus substantial Introduction and Afterword examine the ways in which philosophy and literature depend on each other and interact, while also contrasting with each other in that they necessarily exclude or incorporate each other. This book establishes an enduring framework for structuring the broad themes defining the relations between philosophy and literature and organising the main topics in the field. Key Features • Structured in five parts addressing philosophy as literature, philosophy of literature, philosophical aesthetics, literary criticism and theory, and main areas of work within philosophy and literature • An Introduction setting out the main concerns of the field through discussion of the major themes along with the individual topics • An Afterword looking at the interactions between philosophy and literature through itself enacting philosophical and literary writing while examining the question of how they can be brought together The Palgrave Handbook of Philosophy and Literature is an essential resource for scholars, researchers and advanced students in philosophy of literature, philosophy as literature, literary theory, literature as philosophy, and the philosophical aesthetics of literature. It is an ideal volume for researchers, advanced students and scholars in philosophy, literary studies, philosophy and literature, cultural studies, classical studies and other related fields.

How do we bring the law into line with people’s psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes—behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system’s highest ideals of individual fairness and systemic justice.

When philosophers have turned their attention to criminal law, they have tended to emphasize problems about the criminalization of acts and the justification for the punishment of those who commit such acts. But there has been a recent wave of significant and exciting philosophical work on issues surrounding two other topics in criminal law: Given the performance of a criminal act, what establishes criminal? And what should the state be allowed to use in trying to establish liability? In this carefully edited volume, Michael J. Gorr and Sterling Harwood present a generous selection of papers representing the best of this new work. Avoiding overly abstract pieces in favor of essays that highlight both the philosophical questions and what actually happens on the street and in the courtroom, they have produced a book that is accessible and relevant to the concerns of students. Controversies in Criminal law is an innovative and useful contribution to the teaching of philosophy of law and the foundations of criminal justice. It will be widely used in philosophy departments, law schools, and schools of criminal justice.

A brilliant, no-nonsense profile of the criminal mind, newly updated in 2022 to include the latest research, effective methods for dealing with hardened criminals, and an urgent call to rethink criminal justice from expert witness Stanton E. Samenow, Ph.D. “Utterly compelling reading, full of raw insight into the dark mind of the criminal.”—John Douglas, author of the #1 New York Times bestseller Mind Hunter Long-held myths defining the sources of and remedies for crime are shattered in this groundbreaking book—and a chilling profile of today’s criminal emerges. In 1984, Stanton Samenow changed the way we think about the workings of the criminal mind, with a revolutionary approach to “habilitation.” In 2014, armed with thirty years of additional knowledge and insight, Samenow explored the subject afresh, explaining criminals’ thought patterns in the new millennium, such as those that lead to domestic violence, internet victimization, and terrorism. Since then the arenas of criminal behavior have expanded even further, demanding this newly updated version, which includes an exploration of social media as a vehicle for criminal conduct, new pharmaceutical influences and the impact of the opioid crisis, recent genetic and biological research into whether some people are “wired” to become criminals, new findings on the effectiveness of cognitive behavioral therapy, and a fresh take on criminal justice reform. Throughout, we learn from Samenow’s five decades of experience how truly vital it is to know who the criminals are and how they think. If equipped with that crucial understanding, we can reach reasonable, compassionate, and effective solutions. From expert witness Dr. Stanton E. Samenow, a brilliant, no-nonsense profile of the criminal mind, updated to include new influences and effective methods for dealing with hardened criminals