Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal law (1)
- Eighth Amendment (1)
- Employment (1)
- Evidence (1)
- Evolving Standards of Decency (1)
-
- Failed state (1)
- Family law (1)
- Hip hop (1)
- Homosexuality (1)
- Hybrid tribunal (1)
- Incarceration (1)
- International Criminal Court (1)
- International criminal law (1)
- International criminal tribunal (1)
- International organizations (1)
- Islam (1)
- Islamic criminal law (1)
- Islamic law (1)
- Knowledge (1)
- Music (1)
- Muslims (1)
- Post-conflict justice (1)
- Post-conflict state (1)
- Prisons (1)
- Rap (1)
- Rule of law (1)
- Sentencing (1)
- Sex (1)
- Shari'a (1)
- Shiism (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
What Internationals Know: Improving The Effectiveness Of Post-Conflict Justice Initiatives, Elena Baylis
What Internationals Know: Improving The Effectiveness Of Post-Conflict Justice Initiatives, Elena Baylis
Articles
The field of post-conflict or transitional justice has developed rapidly over the last thirty years. The United States, the United Nations, and many other international organizations, governments, and institutions have contributed to hundreds of international criminal trials and rule of law programs. International staff, known as “internationals,” travel among post-conflict states and international criminal tribunals to carry out these initiatives. In addition to being a field of work, post-conflict justice also constitutes an emergent body of legal knowledge, composed of substantive standards, rules of procedure, best practices, and other elements. Just as the programs and institutions of post-conflict justice have …
Sonic Jihad — Muslim Hip Hop In The Age Of Mass Incarceration, Spearit
Sonic Jihad — Muslim Hip Hop In The Age Of Mass Incarceration, Spearit
Articles
This essay examines hip hop music as a form of legal criticism. It focuses on the music as critical resistance and “new terrain” for understanding the law, and more specifically, focuses on what prisons mean to Muslim hip hop artists. Losing friends, family, and loved ones to the proverbial belly of the beast has inspired criticism of criminal justice from the earliest days of hip hop culture. In the music, prisons are known by a host of names like “pen,” “bing,” and “clink,” terms that are invoked throughout the lyrics. The most extreme expressions offer violent fantasies of revolution and …
Evolving Standards Of Domination: Abandoning A Flawed Legal Standard And Approaching A New Era In Penal Reform, Spearit
Articles
This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social …
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Articles
This paper demonstrates that modern authoritative jurists working within the Shi’i tradition have developed their rules respecting sex regulation to serve three primary commitments. The first of these is that there is an intense and near debilitating desire on the part of human beings generally, though mostly men, for a great deal of sex. This desire must be satisfied, but it also must be tightly controlled. This is because of the second commitment, which is that excessive licentiousness is a form of secular distraction from a believer’s central obligation to worship God. Finally, and perhaps the most interesting, is the …