In the wake of Guantanamo Bay, extraordinary renditions, and secret torture centres in Eastern Europe and elsewhere, Revenge versus Legality addresses the relationship between law and wild or vigilante justice; between the power to enforce retribution and the desire to seek revenge. Taking up a variety of narratives from the eras of Romanticism, Realism, Modernism and the Contemporary period, and including new theories to explain the interactions that occur between legalistic courtroom justice and the vigilante variety, Revenge versus Legality analyzes some of the main obstacles to justice, ranging from judicial corruption, to racism and imperialism. The book culminates in a consideration of that form of crime or lawlessness that poses the most serious threat to the rule of law: vigilante justice masquerading as legality. With its mixture of politics, literature, law, and film, this lively and accessible book offers a timely reflection on the enduring phenomenon of revenge.

This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice—which it terms 'vindicatory'—wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace—or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue durée historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.

This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.

The South African Truth and Reconciliation Commission (TRC) was set up to deal with the human rights violations of apartheid during the years 1960-1994. However, as Wilson shows, the TRC's restorative justice approach to healing the nation did not always serve the needs of communities at a local level. Based on extended anthropological fieldwork, this book illustrates the impact of the TRC in urban African communities in Johannesburg. While a religious constituency largely embraced the commission's religious-redemptive language of reconciliation, Wilson argues that the TRC had little effect on popular ideas of justice as retribution. This provocative study deepens our understanding of post-apartheid South Africa and the use of human rights discourse. It ends on a call for more cautious and realistic expectations about what human rights institutions can achieve in democratizing countries.

For many people, the cinematic vigilante has been shaped by Charles Bronson's character in Death Wish and its sequels. But screen vigilantes have taken many guises, from Old West lynch mobs and rogue police officers to rape-avengers and military-trained equalizers. This book recounts the varied representations of such characters in films like The Birth of a Nation, which celebrated the violence of the Ku Klux Klan, and Taxi Driver, Falling Down and You Were Never Really Here, in which the vigilante impulse was symptomatic of mental instability. Also considered is the extent to which fictional vigilantism functions as social commentary and to what degree it is simply stoking popular fears.

Criminal Law: Case Studies & Controversies eschews traditional reliance on judicial opinions in favor of an innovative and dynamic method of criminal law instruction centered on statutory interpretation and case studies. Examination of real-world problems allows first-year law students to not only develop familiarity with the criminal law doctrine necessary for potential careers as prosecutors or defense attorneys but also hone crucial skills for lawyering generally. Provocative case studies provide background for engaging class discussion and challenge students to tackle applying doctrine in real-world situations. When useful, the book provides actual cases from a variety of jurisdictions to further illuminate the concepts with which students have already been forced to grapple. New to the 6th Edition: Additional and updated case studies and discussion material informed by the professors’ teaching experiences and designed to reinforce issues at the forefront of modern criminal law. All Chapters have been streamlined for a more efficient and concise textbook. A comprehensive updated Teachers’ Manual provides instructors and students with additional valuable resources. Professors and students will benefit from: Use of an innovative case studies method. Each topic area includes a detailed story about the people and events leading up to the offense. Inclusion of photographs related to the crimes so students can better contextualize issues. “Core opinions” of central historical, theoretical, or doctrinal importance in each subject-area section. Provocative and timely principal cases from a wide variety of jurisdictions, each followed by the statutes that existed in the jurisdiction at the time of the offense. Treatise-like summaries of law in each topic area give students an overview of the law, introduce the underlying theoretical principles, and provide context.