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The Story of Cruel and Unusual (Boston Review Books) |
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You Are Here: Home > History Books > Legal History > Item 101
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The Story of Cruel and Unusual (Boston Review Books)
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by Colin Dayan and Jeremy Waldron
Sales Rank: 545870
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List Price: $14.95
$11.21
At Amazon
on 6-17-2008.
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Features
Cover Type: Hard Cover with 96 pages
Published by: The MIT Press April 30, 2007
Written in: English
ISBN 10 Number: 0262042398
ISBN 13 Number: 978-0262042390
Book Dimensions:
7.1 x 4.7 x 0.6 inches
Weighs: 5.6 ounces
From Booklist
The Iraqi war and the U.S. war on terror have brought the issue of torture to the forefront. Have our actions become too similar to those we have defined as terrorists? Current Bush administration policy as well as recent Supreme Court rulings and interpretations of cruel and unusual punishment have strained Eighth Amendment protections, particularly for those defined as "criminal" and by extension for illegal enemy combatants and others outside the protected class. Humanities professor Dayan traces the history of the debate about punishment to Slavery in the American colonies, when inhumane punishment was permitted as long as it was administered humanely, with the judgment regarding cruelty always favoring the slaveholder's interest over the slave's. Post-Reconstruction, the debate about humane punishment shifted from slaves to criminals, who were not extended the equal protection now purportedly extended to others. Dayan maintains that our history of Slavery and dehumanization of the imprisoned have created the climate of tolerance toward abuse and torture revealed at Abu Ghraib. Vernon Ford
Copyright © American Library Association. All rights reserved
Product Review
[Dayan] builds her argument around one basic principle: that in a society of laws, we frame cruelty in terms of intent. Thus, she writes, we always have a loophole; it's not what we do but what we mean. The argument may be somewhat overstated, but with its implicit sense that cruel and unusual punishment is an ever-shifting standard, it can't help but raise compelling questions, forcing us to reconsider our founding documents and what they say about us.
-- David Ulin, Los Angeles Times Book Review
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The Story of Cruel and Unusual (Boston Review Books)
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Price: $11.21
Updated on 6-17-2008.
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