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Zeitschriftenartikel zum Thema "EXTRALEGAL EXECUTIONS"

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Corzine, Jay, Lin Huff‐Corzine und Candice Nelsen. „Rethinking lynching: Extralegal executions in postbellum Louisiana“. Deviant Behavior 17, Nr. 2 (April 1996): 133–57. http://dx.doi.org/10.1080/01639625.1996.9968020.

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George, Diana, und Diane Shoos. „Deflecting the Political in the Visual Images of Execution and the Death Penalty Debate“. College English 67, Nr. 6 (01.07.2005): 587–609. http://dx.doi.org/10.58680/ce20054091.

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Examining a range of visual images of executions, both legal (the executions of convicted murderers) and extralegal (the lynchings of innocent African Americans), in still photographs and in Hollywood films, the authors suggest that while such images may flatten and neutralize the popular debates and politics surrounding the issues, this is not inevitable, and that if we work at sustaining careful attention to its operations the image is neither self-evident nor doomed to obscure the political.
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Cardona, Alejandro Aponte. „Criminal Prosecution of International Crimes: The Colombian Case“. International Criminal Law Review 10, Nr. 4 (2010): 549–69. http://dx.doi.org/10.1163/157181210x519009.

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AbstractThe criminal prosecution of international crimes in Colombia is conditioned by the chronic armed conflict that the country experiences. The incorporation of the Rome Statute of the International Criminal Court into the internal legal system demonstrates this situation. In this context, confusion between criminal law language and human rights language has emerged, and different areas of human rights protection are being obscured. Also, the history that precedes the prosecution of homicide as an international crime is at the same time the history of the integration of the language of war with the language of law. However, Colombian criminal justice system has "humanized" international humanitarian law, and is now advancing to clearer formulas to charge the crime of homicide of a protected person in complex scenarios, such as the ones presented in the cases of extralegal executions of youth from poor neighbourhoods (the so-called "false positives").
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DUONG, KEVIN. „The People as a Natural Disaster: Redemptive Violence in Jacobin Political Thought“. American Political Science Review 111, Nr. 4 (27.07.2017): 786–800. http://dx.doi.org/10.1017/s0003055417000260.

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The trial and execution of Louis XVI served as a founding act of French republican democracy. It was also a scene of irregular justice: no legal warrants or procedural precedents existed for bringing a king to justice before the law. This essay describes how Jacobins crafted a new language of popular agency to overcome that obstacle—the language of redemptive violence. Although redemptive violence had roots in prerevolutionary notions of penal justice and social cohesion, its philosophical ambitions were revolutionary and modern. Analyzing that language illuminates how republican democracy weaponized a distinctive ideology of extralegal violence at its origins. It also helps explain redemptive violence's enduring appeal during and after the French Revolution.
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Seger, Maria. „Deferred Lynching and the Moral High Ground in Charles W. Chesnutt’s The Marrow of Tradition“. Nineteenth-Century Literature 73, Nr. 1 (01.06.2018): 94–118. http://dx.doi.org/10.1525/ncl.2018.73.1.94.

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Maria Seger, “Deferred Lynching and the Moral High Ground in Charles W. Chesnutt’s The Marrow of Tradition” (pp. 94–118) As a literary trope, deferred lynching can attempt to establish lynching as a moral act: the deferral implies that mobs never lynch innocent men or that they always allow the law to take its course under normal (unexceptional) circumstances. But in some canonical literature at the end of the nineteenth century, the deferred lynching instead serves to critique this alleged morality of lynching. Throughout these texts, the persistent underlying threat of extralegal violence is revealed to undergird a system of exploitation on which racial capitalism depends. Taken together, then, this body of work featuring deferred lynching suggests how racial capitalism has managed to escape blame for extralegal violence for so long: by constructing its own generosity as the reason for lynching’s deferment rather than recognizing its structural role in inspiring and profiting from lynching violence. In Charles W. Chesnutt’s The Marrow of Tradition (1901), the deferred lynching of a black servant, brokered through a gentlemen’s agreement between elite white men, demonstrates that the forces encouraging the mob are not motivated by doing the right thing but instead by economic and political gain. But by deferring the lynching instead of executing it, the white elite maintains its claim to the moral high ground while still reaping the economic and political benefits that executed lynchings provided. In exposing the paradoxical rhetoric of lynching in this way, Chesnutt’s novel attends to the parallels between the white elite’s justification of lynching and the defense of unequal personhood and uneven risk under racial capitalism.
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Gregory, Anthony. „Policing Jim Crow America: Enforcers’ Agency and Structural Transformations“. Law and History Review 40, Nr. 1 (27.12.2021): 91–122. http://dx.doi.org/10.1017/s0738248021000456.

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This is a critical historiographical essay animated by the research question of how the decisions of police and sheriffs illuminated and drove the transformation of white supremacy through different forms from emancipation to the end of Jim Crow segregation. It situates this focus amidst current methodological trends that stress structural oppression and argues that law-enforcers’ agency could illuminate discussions among historians and other scholars about the relationship between formal and informal law alongside the rise of the modern criminological state. The historical importance of enforcers is accentuated in the story told in each section—the shifting demographics of enforcement during Reconstruction; the inequalities of policing alongside lynching in the last decades of the nineteenth century; the complex interplay between policing and segregation statutes, colorblind criminal law, and mob violence in the Jim Crow South; the concurrent modernization of racialized policing nationwide; and the displacement of informal mob law and formal racial caste by a national regime of extralegal police violence, unequal patterns of incarceration and execution, and federal protections of civil liberties and civil rights.
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Kachun, Mitch. „“Big Jim” Parker and the Assassination of William McKinley: Patriotism, Nativism, Anarchism, and the Struggle for African American Citizenship“. Journal of the Gilded Age and Progressive Era 9, Nr. 1 (Januar 2010): 93–116. http://dx.doi.org/10.1017/s1537781400003790.

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On September 6, 1901, at the Buffalo Pan-American Exposition, Leon Czolgosz, the son of immigrants and an avowed anarchist, shot President William McKinley. As McKinley clung to life for several days before succumbing, praise was heaped upon James B. “Big Jim” Parker, an African American Exposition employee who was credited with saving McKinley's life by subduing and disarming Czolgosz. By the time of Czolgosz's execution, government officials and the mainstream press were characterizing Parker as a glory-seeker who had played no role in capturing Czolgosz. African American spokespersons vigorously defended Parker, contrasting the brave, patriotic black hero with the treacherous foreign radical whose murderous act struck symbolically at the heart of the nation. These black commentators constructed a framework for understanding the assassination as a cultural critique of an American society that was paying the price for its acquiescence to extralegal violence against blacks. At the same time, black spokespersons used the assassination to create a narrative in support of African Americans’ claims to American citizenship and national belonging.
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Lalu, Nikson Gans. „PIDANA MATI DAN HAK ASASI MANUSIA“. to-ra 1, Nr. 1 (15.05.2015): 57. http://dx.doi.org/10.33541/tora.v1i1.1095.

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Death penalty is regulated in positive law of Indonesia, both governed in Civil Code and outside Code of Criminal Law, such in the Terrorism Law, Narcotics Law, and Corruption Crime Act Eradication Law. This indicates that death penalty is viewed as relevant in line with the crime dynamics growing in the community. Debates regarding death penalty among the pros and cons still take place in Indonesia so it raises a question among the people, how the existence of death penalty is seen of the viewpoints of Pancasila and Human Rights? Indeed, Pancasila contains balance value between one principle to another. If the Pancasila is seen partialy, then the answer arises on the question is the death penalty is contradictory to the Pancasila and Human Rights, however some answer also indicate it is not contracdictory to the Pancasila and Human Rights. National Draft Code of Criminal Law consistently retains the death penalty. However, in it‟s formulation policy remains considering the individual protection, namely enactment on provisions regarding “the suspension of death penalty execution” or “conditional death penalty, “if in the probation period (10 years) the convicted criminal does not show a good conduct, then the death penalty may be changed to life time imprisonment or 20 years imprisonment. The basic idea of maintaining the death penalty is to avoid people‟s demand/reaction which is revenge in nature or “extralegal execution” in nature. Kata Kunci: Pidana mati
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Mahon, Anastassiya. „Defining Terrorism: how Ambiguous Definitions and Vague Classifications Open Doors for Power Acquisition“. Journal Of Global Strategic Studies 2, Nr. 1 (27.06.2022): 84–97. http://dx.doi.org/10.36859/jgss.v2i1.1038.

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In this article, I want to reflect on the difficulty of categorising the threat of terrorism within existing security frameworks and our theorising of threat assessment. As more types of terrorism get academic and political attention, various state and non-state actors use terrorist tactics or borrow some elements of terrorism to achieve their agenda. This article discusses the difficulties surrounding terrorist threat classification and how it perplexes our understanding of terrorism and counterterrorism. What have we learned over more than twenty years of researching terrorism? Terrorism is often conceptualised as both a traditional and non-traditional threat, complicating the execution of counterterrorism strategies. This ambiguity creates the need for a "special treatment" of the terrorist threat in politics proportionate to its importance, and it bears the danger of fostering opportunities for power abuse. This article reflects on different ways of categorising the threat of terrorism, showing that terrorism is multifaced, and there is no one-size-fits-all approach to defining and fighting terrorism. However, I also argue that there is a danger of assigning terrorism an extralegal status and exclusive priority, resulting in power abuse and restrictions of people's rights and freedoms.
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Đurić, Vladimir, und Nevenko Vranješ. „State Administrations Affairs in the Field of Conclusion and Implementation of International Treaties // Poslovi državne uprave u oblasti zaključivanja i izvršavanja međunarodnih ugovora“. Годишњак факултета правних наука - АПЕИРОН 7, Nr. 7 (27.07.2017): 92. http://dx.doi.org/10.7251/gfp1707092dj.

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The purpose of this article is to analyze the state administration activities in the administrative area of foreign affairs which are related to the conclusion and implementation of international treaties. After analyzing those activities in comparative law, the legal aspects of the participation of state administration bodies in Bosnia and Herzegovina in initiating of the process of conclusion of international agreements, negotiations for their conclusion, preparation of necessary documents, including instruments of ratification, publication of the text, entry into force, and termination of international treaties, as well as of their implementation in the case of self-executing treaties are presented. The conclusion is that, according to their legal nature, those activities can not be considered as extralegal activities of the state bodies that are directly derived from state sovereignty, but rather and only as the activities which are provided and arranged by law and which are in line with general administrative affairs of the state administration. However, such conclusion isn’t in contradiction to the fact that, in certain cases, those activities fall within the scope of executive powers discretion.
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Bücher zum Thema "EXTRALEGAL EXECUTIONS"

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Agabin, Pacifico A. Helpbook on human rights issues: Extralegal killings & enforced disappearances. Manila: Supreme Court of the Philippines, 2011.

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Centre for Social Development and Humanitarian Affairs (United Nations)., Hrsg. Manual on the effective prevention and investigation of extra-legal, arbitrary and summary executions. New York: United Nations, 1991.

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UN. Commission on Human Rights. Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Hrsg. Extrajudicial, summary or arbitrary executions: Report of the Special Rapporteur, Philip Alston : addendum. Geneva: UN, 2006.

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Kingdom, Amnesty International United, Hrsg. Breaking the silence: Human rights violations based on sexual orientation. London: Amnesty International United Kingdom, 1997.

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UN. Commission on Human Rights. Special Rapporteur on the Independence of Judges and Lawyers, Hrsg. Report of the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy, submitted in accordance with Commission resolution 2003/43: Addendum. Geneva: UN, 2004.

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Guo, Weiting. A Different Kind of War. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252040801.003.0003.

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In this chapter, Weiting Guo examines the history of extralegal executions in modern China. From the mid-nineteenth century to the mid-twentieth century, China witnessed the largest number of summary executions annually in its history. The extensive use of this extraordinary procedure in conjunction with the regular public executions by political regimes, local officials, and militia had considerable influence on modern Chinese legal culture. Drawing on a wide range of archival sources, Guo challenges the view that the prevalence of summary execution constituted merely instances of “lawlessness” and “abuses” of punishment. Guo argues by contrast that the approach of judicial economy, the competition between central and local governments, the continued trend of local militarization, and the ideology of popular justice all contributed to the “sanctioned” practice of summary execution. Moreover, Guo asserts that after the late 1830s, the practice of summary execution transformed from merely “expediency” in judicial procedure to extensive “exclusion” of local roughs or subversives that were perceived as evil or worthless.
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Buchteile zum Thema "EXTRALEGAL EXECUTIONS"

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Frank, Stephen P. „Unofficial Justice and Community in Rural Russia, 1856–1914“. In Global Lynching and Collective Violence. University of Illinois Press, 2017. http://dx.doi.org/10.5622/illinois/9780252041389.003.0003.

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In this chapter, Weiting Guo examines the history of extralegal executions in modern China. From the mid-nineteenth century to the mid-twentieth century, China witnessed the largest number of summary executions annually in its history. The extensive use of this extraordinary procedure in conjunction with the regular public executions by political regimes, local officials, and militia had considerable influence on modern Chinese legal culture. Drawing on a wide range of archival sources, Guo challenges the view that the prevalence of summary execution constituted merely instances of “lawlessness” and “abuses” of punishment. Guo argues by contrast that the approach of judicial economy, the competition between central and local governments, the continued trend of local militarization, and the ideology of popular justice all contributed to the “sanctioned” practice of summary execution. Moreover, Guo asserts that after the late 1830s, the practice of summary execution transformed from merely “expediency” in judicial procedure to extensive “exclusion” of local roughs or subversives that were perceived as evil or worthless.
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„1. Legal and Extralegal Executions in the American South“. In Lethal Punishment, 8–17. Rutgers University Press, 2020. http://dx.doi.org/10.36019/9780813541068-004.

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Carrigan, William D., und Clive Webb. „Cycles of Lynching“. In These Ragged Edges, 241–64. University of North Carolina Press, 2022. http://dx.doi.org/10.5149/northcarolina/9781469668390.003.0011.

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William Carrigan and Clive Webb analyze more than three hundred documented cases of lynchings of ethnic Mexicans in the United States from 1848 until 1928, identifying three spikes of such violence over the course of eighty years. The first two spikes, during the 1850s and the 1870s respectively, coincided with periods during which Mexican immigration to the United States and competition for resources rose considerably, leading to racial friction and bursts of extralegal executions. The border itself played an important role in triggering this behavior. Especially in the lower Rio Grande Valley, lynching often emerged as a response to fears that supposed perpetrators might seek haven on the Mexican side of the line; it was also a desirable choice for those unwilling to wait for the due process of law. Carrigan and Webb thus posit a correlation of violence with scarce resources, a growing population of Mexican descent, and concerns about law and order. The third spike in lynching episodes took place during the Mexican Revolution, especially between 1915 and 1919, when raids related to the Plan de San Diego unleashed a wave of extralegal executions of Mexicans.
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„10. “No Reason Why We Should Favor Lynching or Hanging”: Efforts to End Legal and Extralegal Executions in Tennessee“. In Lethal Punishment, 156–75. Rutgers University Press, 2020. http://dx.doi.org/10.36019/9780813541068-013.

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Duong, Kevin. „Regicide and Redemptive Violence in the French Revolution“. In The Virtues of Violence, 20–52. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190058418.003.0002.

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This chapter describes how Jacobins crafted a new language of violence during the trial and execution of Louis XVI in the French Revolution: the language of redemptive violence. The execution of the king served as a founding act of French republican democracy. It was also a scene of irregular justice: no legal warrants or procedural precedents existed for bringing a king to justice before the law. Regicide as redemptive violence helped bypass that obstacle. Although redemptive violence had roots in prerevolutionary notions of penal justice and social cohesion, its philosophical ambitions were revolutionary and modern. Analyzing that language illuminates how republican democracy weaponized a distinctive ideology of extralegal violence at its origins. It also helps explain redemptive violence’s enduring appeal during and after the French Revolution.
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Trotti, Michael Ayers. „Make it a Secret Silent Monster“. In The End of Public Execution, 128–60. University of North Carolina Press, 2022. http://dx.doi.org/10.5149/northcarolina/9781469670416.003.0007.

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When the South banned public executions, whites continued to enact the state’s power through the gallows. But privacy eliminated both the disorderly crowds and the communal religious services. When hangings became private, they also became Jim Crow, male executions, and one of the central pillars of the black community, the church, lost a very visible and public moment of devotion, contrition, catharsis, and subversion. The white South needed capital punishment to be a lesson that was quiet, and solemn, and filled with horror and awe; a moment empty of the redemption narrative of the camp meeting that typically subverted the lessons of the public gallows. In this era, whites responded to the fraying systems of white authority with a host of measures to bolster their control, and that included taking control again of death as a punishment, both by extralegally wresting black men entirely from the system of justice through lynching, and by ensuring whites dominated the story of legal executions by segregating executions away from public crowds, away from women, away from African Americans, and performing them behind walls. Privacy made executions both “lily-white” and male. And they were designed to deepen the horror such moments of punishment could offer.
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Ballvé, Teo. „The Masquerades of Grassroots Development“. In The Frontier Effect, 101–25. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501747533.003.0006.

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This chapter dissects how grassroots development initiatives enabled the creation of a vast criminal economy. Paramilitaries' use of grassroots development went beyond simply whitewashing their plunder with fashionable, politically correct development-speak. The discourses, institutions, and practices of grassroots development formed an integral part of the paras' extralegal political economy. In the context of the frontier effect, grassroots development made their economies of violence surprisingly compatible with formal projects of liberal state building. The paramilitaries turned grassroots development into a vehicle both for executing their massive land grabs and for promoting, in their words, the “arrival of the state.” As a strategic assemblage of discourses, practices, and institutional formations, the grassroots development apparatus did more than simply give the paras' economic ventures a veneer of symbolic legitimacy; it also enabled and worked in conjunction with the concrete practices of paramilitary rule. Grassroots development was thus both a means of state building and a way of laundering their violently and illegally accumulated landholdings.
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Wright, Richard. „Behind the McGee Case“. In The Politics of Richard Wright, 155–58. University Press of Kentucky, 2018. http://dx.doi.org/10.5810/kentucky/9780813175164.003.0010.

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Originally written for French audiences in 1951, Richard Wright seeks to address the question of how Willie McGee could be executed in Mississippi when doing so was clearly considered unjust in the world of democratic opinion. Wright settles the question of McGee’s innocence in a sentence and so turns to the plantation economy of Mississippi in an effort to contextualize the events. The most backward of US states in educational, cultural, and social terms, nothing had transpired economically since the Civil War to relieve whites’ complete domination of blacks, even though blacks vastly outnumbered whites in terms of population. This meant that whites had to hold state power through ongoing racial violence, terror, and repression. Still, after World War II, brutal lawlessness on the part of the United States became an international liability requiring that a move be made from extralegal to legal lynching. While white Mississippians had not anticipated that McGee’s execution would have negative global consequences, their barbarous standing in the eyes of the world was less significant to them than local pressures to defend white power over blacks. This did not mean that international agitation was without effect: it would force white Americans to think hard before staging another legal lynching and about the price of their continued race prejudice.
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