Each Thanksgiving, the president of the United States symbolically pardons one turkey from the fate of serving as a holiday dinner. In this pamphlet, anthropologist Magnus Fiskesjö uncovers the hidden horrors of such rituals connected with the power of pardon, from the annual turkey to the pardoning of the original Teddy Bear. It is through these ritualized and perpetually remembered acts of mercy, Fiskesjö contends, that we might come to understand the exceptional--and troubling--status of the War on Terror prisoners being held by the United States at Guantánamo Bay. In The Thanksgiving Turkey Pardon, Swedish anthropologist Magnus Fiskesjö, see in the annual presidential reprieve of an otherwise doomed turkey something much more than a lark. (Just ask a vegetarian; it's no joke.) 'It is really a symbolic pardoning act which, through public performance, establishes and manifests the sovereign's position at the helm of the state by highlighting . . . his power to control matters of life and death.' That observation leads Fiskesjö to some troubling thoughts on the exercise of U.S. sovereignty, from Teddy Roosevelt's big-stick era to the holding of prisoners at Guantánamo.--Jennifer Howard, Washington Post Book World

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

On January 11, 2003, Illinois Governor George Ryan--a Republican on record as saying that "some crimes are so horrendous . . . that society has a right to demand the ultimate penalty"--commuted the capital sentences of all 167 prisoners on his state's death row. Critics demonized Ryan. For opponents of capital punishment, however, Ryan became an instant hero whose decision was seen as a signal moment in the "new abolitionist" politics to end killing by the state. In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy. Starting from Ryan's controversial decision, Mercy on Trial uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of "lawful lawlessness," it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions. From the history of capital clemency in the twentieth century to surrounding legal controversies and philosophical debates about when (if ever) mercy should be extended, Sarat examines the issue comprehensively. In the end, he acknowledges the risks associated with mercy--but, he argues, those risks are worth taking.

Guantánamo has become a symbol of what has gone wrong in the War on Terror. Yet Guantánamo is more than a U.S. naval base and prison in Cuba, it is a town, and our military occupation there has required more than soldiers and sailors—it has required workers. This revealing history of the women and men who worked on the U.S. naval base in Guantánamo Bay tells the story of U.S.-Cuban relations from a new perspective, and at the same time, shows how neocolonialism, empire, and revolution transformed the lives of everyday people. Drawing from rich oral histories and little-explored Cuban archives, Jana K. Lipman analyzes how the Cold War and the Cuban revolution made the naval base a place devoid of law and accountability. The result is a narrative filled with danger, intrigue, and exploitation throughout the twentieth century. Opening a new window onto the history of U.S. imperialism in the Caribbean and labor history in the region, her book tells how events in Guantánamo and the base created an ominous precedent likely to inform the functioning of U.S. military bases around the world.

We live in an ever-fragmenting society, in which distinctions between culture and nature, biology and politics, law and transgression, mobility and immobility, reality and representation, seem to be disappearing. This book demonstrates the hidden logic beneath this process, which is also the logic of 'the camp'. Social theory has traditionally interpreted the camp as an anomaly, as an exceptional site situated on the margins of society, aiming to neutralize its 'failed citizens' and 'enemies'. However, in contemporary society, 'the camp' has now become the rule and consequently a new interrogation of its logic is necessary. In this exceptional volume, the authors explore the paradox of the camp, as representing both an old fear of enclosure and a new dream of belonging. They illustrate their arguments by drawing on contemporary sites of exemption - such as refugee camps, rape camps and favelas - as well as sites of self-exemption including gated communities, party tourism and celebrity cultures.

The Ethics and Rhetoric of Invasion Ecology provides an introduction to the controversial treatment and ongoing violence routinely utilized against non-native species. Drawing from the tradition of critical animal scholars, Stanescu and Cummings have assembled a group of advocates who argue for a different kind of relationship with foreign species. Where contemporary approaches often emphasize the need to eradicate ecological invaders in order to preserve delicate habitats, the essays in this volume aim to reformulate the debate by arguing for an alternative approach that advances the possibility of an ethics of co-habitation.

Arguments for forgiveness, mercy, and clemency abound. These arguments flourish in organized religion, fiction, philosophy, and law as well as in everyday conversations of daily life among parents and children, teachers and students, and criminals and those who judge them. As common as these arguments are, we are often left with an incomplete understanding of what we mean when we speak about them. This volume examines the registers of individual psychology, religious belief, social practice, and political power circulating in and around those who forgive, grant mercy, or pose clemency power. The authors suggest that, in many ways, necessary examinations of the questions of forgiveness and pardon and the connection between mercy and justice are only just beginning.