'Lawfare' describes the systematic use and abuse of legal procedure for political ends. This provocative book examines this insufficiently understood form of warfare in post-genocide Rwanda, where it contributed to the making of dictatorship. Jens Meierhenrich provides a redescription of Rwanda's daring experiment in transitional justice known as inkiko gacaca. By dissecting the temporally and structurally embedded mechanisms and processes by which change agents in post-genocide Rwanda manoeuvred to create modified legal arrangements of things past, Meierhenrich reveals an unexpected jurisprudence of violence. Combining nomothetic and ideographic reasoning, he shows that the deformation of the gacaca courts – and thus the rise of lawfare in post-genocide Rwanda – was not preordained but the outcome of a violently structured contingency. The Violence of Law tells a disturbing tale and will appeal to scholars, advanced students, and practitioners of international and comparative law, African studies and human rights.

In bringing together accomplished and thoughtful scholars of different disciplines, with a command of literature ranging from the legal to the literary, and in relating the works to the central arguments of the late Professor Robert Cover, Sarat and Kearns have created a first-rate up-to-date exposition of this important and complicated issue, namely, how to understand better the violence implicit and explicit in law.--Legal Studies Forum The relationship between law and violence is made familiar to us in vivid pictures of police beating suspects, the large and growing prison population, and the tenacious attachment to capital punishment in the United States. Yet the link between law and violence and the ways that law manages to impose pain and death while remaining aloof and unstained are an unexplored mystery. Each essay in this volume considers the question of how violence done by and in the name of the law differs from illegal or extralegal violence--or, indeed, if they differ at all. Each author draws on a distinctive disciplinary tradition-- literature, history, anthropology, philosophy, political science, or law. Yet each reminds us that law, constituted in response to the metaphorical violence of the state of nature, is itself a doer of literal violence. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.

The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.

This book addresses the intersection of two current major concerns in Australia: law and justice responses to domestic violence - including harsher punitive measures - and the over-representation of Indigenous Australians in the criminal justice system, which are similar concerns in New Zealand, Canada and the US. Nancarrow re-conceptualises typologies of violence and provides a means of understanding and explaining female use of violence without undermining the hard-won gains of the women’s movement. It does, however, argue for a paradigm shift, which has implications for every aspect of the system we have built to stop men’s violence against women (law, police policy and practice, counselling and advocacy for victims, and interventions for those who perpetrate violence). The book is based on quantitative and qualitative research and explores the nature of Indigenous intimate partner violence and the types of violence that domestic violence law sought to address.

Gender-based violence is a convoluted concept with no single explanation or solution. Abiodun Raufu, Omolade Olomola, and Edidiong Mendie bring to light the different dimensions of gender-based violence in Africa, such as the challenges of patriarchy, the limits of the law, and the cultural acceptance of violence against women in the private sphere. In spite of the different forms and causes of violence, it is universally recognized as a destructive force that has extensive consequences for both individuals and society. In order to combat violence, it is important to understand its root causes and foundational issues to facilitate workable solutions through a range of strategies, including education, prevention, and intervention programs. This book will be of interest to students and scholars in criminology, sociology, legal studies, African studies, and more.

This book provides a novel approach to the social scientific study of violence. It argues for an 'extended' definition of violence in order to avoid subscribing to commonsensical or state propagated definitions of violence, and pays specific attention to 'autotelic violence' (violence for the sake of itself), as well as to terrorism.

Law punishes violence, yet law depends on violence. In this book, a group of leading interdisciplinary legal scholars seeks to map the inexorable but unstable relationship of law to violence. What does it mean to talk about the violence of law? Do high incarceration rates and increased reliance on capital punishment indicate that U.S. law is growing more violent at a time when violence is being restrained in other legal systems? How is the violence of law represented in popular culture and does this affect law's actual legitimacy? Does violence express or distort the essence of law? Does law's violence serve justice? In deeply original essays, the authors build on the seminal work of Robert Cover--one of the few legal scholars ever to consider the question of law and violence. In striving to situate his insights within current political, social, economic, and cultural contexts, they contemplate diverse and interrelated subjects surrounding the theme of law and violence. Among these are the purpose of law as punishment, the increasing number of executions in the United States, prison violence, racial disparity in sentencing, and the meaning of torture. The result is a remarkable volume that stimulates us to reconsider connections that we too often leave unexplored. In addition to the editor, the contributors are Marianne Constable, Peter Fitzpatrick, Thomas R. Kearns, Peter Rush, Jonathan Simon, Shaun McVeigh, and Alison Young.

`The creation of a new field of lesbian and gay studies over the past thirty years has been a fascinating project. This volume brings together key authors in the field in 26 major essays and provides a clear sense of just how much has been achieved. It is a guide to the state of the art, and invaluable for scholars throughout the world' - Ken Plummer, Professor of Sociology, University of Essex; and Editor of Sexualities `This book is unique in lesbian and gay studies. From politics to health, cyber-queers to queer families, the review essays in this volume cover all the important bases of GLB history and politics. The Introduction is a simple and accessible overview of the changing faces of theory and research over many decades. This book is bound to be an important resource in a burgeoning field' - Janice Irvine, Associate Professor of Sociology, University of Massachusetts, Amherst `The Handbook of Gay and Lesbian Studies, assembled by two leading theorists of sexuality, makes available more than two dozen new cutting-edge essays in gay studies. Essential for social science scholars and students of gay/queer studies' - David F. Greenberg, Professor of Sociology, New York University With this benchmark work, lesbian and gay studies comes of age. Drawing from a rich team of global contributors and carefully structured to elucidate the core issues in the field, it constitutes an unparalleled resource for teaching, research and debate. The volume is organized into 4 sections: · History and Theory This covers the roots of lesbian and gay studies, the institutionalization of the subject in the Academy, the 'naturalness' of heterosexuality, science and sexuality, the comparative sociology of homosexualities and the heterosexual/homosexual division. · Identity and Community This examines the formation of gay and lesbian identities communities and movements, 'cyber-queer' research, sexuality and space, generational issues in lesbian and gay lifecycles and the subject of bisexuality · Institutions This investigates questions of the governance of sexualities, lesbian and gay health, sexualities and education, religion and homosexuality, homosexuality and the law, gay and lesbian workers, homosexuality and the family, and lesbian, gay and queer encounters with the media and popular culture · Politics This explores the formation of the gay and lesbian movements, impact of globalization, antigay and lesbian violence, nationalism and transnationalism in lesbian and gay studies and sexual citizenship. The result is an authoritative book that demarcates the field, stimulates critical discussion and provides lesbian and gay studies with an enriching focal reference point. It is, quite simply, a breakthrough work that will galvanize discussion and research for years to come.

Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations.