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Comparative Capital Punishment
Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.
More Information
Critical Acclaim
Contributors
Contents
More Information
Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe.
This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.
Scholars in the fields of law, sociology, political science and history, as well as human rights lawyers, abolitionists, law makers and judges who wish to remain up-to-date on changing death penalty practices will need Comparative Capital Punishment on their reading list.
This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.
Scholars in the fields of law, sociology, political science and history, as well as human rights lawyers, abolitionists, law makers and judges who wish to remain up-to-date on changing death penalty practices will need Comparative Capital Punishment on their reading list.
Critical Acclaim
‘This book is a welcome addition to the publisher’s Research Handbooks in Comparative Law series. The book’s editors are law professors at prestigious US law schools, and each has engaged in scholarly and practical work on capital punishment issues. The book explores the commonalities and differences among countries in the worldwide movement away from the use of capital punishment. It does this with chapters that consider both general and specific topics dealing with capital punishment law and administration.’
– Philip Reichel, Criminal Law and Criminal Justice Books
‘The kaleidoscopic contributions to this book provide more comparative insight into capital punishment than any other volume. The Steikers have recruited an all-star team of writers, and they have delivered on everything from methods of execution and miscarriages of justice to capital clemency and international norms. If you want to think better about the death penalty’s past, present, and future, read this magnificent book.’
– David T. Johnson, University of Hawaii and co-author of The Next Frontier: National Development, Political Change, and the Death Penalty in Asia
– Philip Reichel, Criminal Law and Criminal Justice Books
‘The kaleidoscopic contributions to this book provide more comparative insight into capital punishment than any other volume. The Steikers have recruited an all-star team of writers, and they have delivered on everything from methods of execution and miscarriages of justice to capital clemency and international norms. If you want to think better about the death penalty’s past, present, and future, read this magnificent book.’
– David T. Johnson, University of Hawaii and co-author of The Next Frontier: National Development, Political Change, and the Death Penalty in Asia
Contributors
Contributors: S.L. Babcock, S. Bae, R.C. Dieter, B.L. Garrett, E. Girling, C. Hoyle, P. Jabbar, S. Lehrfreund, D. Lourtau, B. Malkani, M. Miao, A. Nazir, A. Novak, K. Pant, D. Pascoe, A. Sarat, M. Sato, W. Schabas, C.S. Steiker, J.M. Steiker, J. Yorke
Contents
Contents:
Preface
1. Introduction: international perspectives on the death penalty
Richard C. Dieter
Part I Substantive Law
2. Deserving of death: the changing scope of capital offenses in an age of death penalty decline
Delphine Lourtau
3. Deciding who lives and who dies: eligibility for capital punishment under national and international law
Sandra L. Babcock
Part II Procedural Law
4. Extradition and non-refoulement
Bharat Malkani
5. An unfair fight for justice: legal representation of persons facing the death penalty
Sandra L. Babcock
6. Towards a global theory of capital clemency incidence
Daniel Pascoe
Part III Administration
7. Imposing a ‘mandatory’ death penalty: a practice out of sync with evolving standards
Parvais Jabbar
8. Methods of execution: the American story in comparative perspective
Austin Sarat and Keshav Pant
9. Capital punishment at the intersections of discrimination and disadvantage: the plight of foreign nationals
Carolyn Hoyle
10. Innocence and the global death penalty
Brandon L. Garrett
Part IV Institutions
11. International law and the abolition of the death penalty
William Schabas
12. The role of institutions in the norm life cycle: the United Nations and the anti–capital punishment norm
Sangmin Bae
13. Regional institutions and death penalty abolition: comparative perspectives and their discontents
Evi Girling
14. Undoing the British colonial legacy: the judicial reform of the death penalty
Saul Lehrfreund
Part V The Future of the Death Penalty
15. Reframing the debate on attitudes towards the death penalty
Mai Sato
16. Pulling states towards abolitionism: the power of acculturation as a socialization mechanism
Michelle Miao
17. Imagining utopia: the global abolition of the death penalty
Jon Yorke and Amna Nazir
18. After abolition: the empirical, jurisprudential and strategic legacy of transnational death penalty litigation
Andrew Novak
19. Global abolition of capital punishment: contributors, challenges and conundrums
Carol S Steiker and Jordan M. Steiker
Index
Preface
1. Introduction: international perspectives on the death penalty
Richard C. Dieter
Part I Substantive Law
2. Deserving of death: the changing scope of capital offenses in an age of death penalty decline
Delphine Lourtau
3. Deciding who lives and who dies: eligibility for capital punishment under national and international law
Sandra L. Babcock
Part II Procedural Law
4. Extradition and non-refoulement
Bharat Malkani
5. An unfair fight for justice: legal representation of persons facing the death penalty
Sandra L. Babcock
6. Towards a global theory of capital clemency incidence
Daniel Pascoe
Part III Administration
7. Imposing a ‘mandatory’ death penalty: a practice out of sync with evolving standards
Parvais Jabbar
8. Methods of execution: the American story in comparative perspective
Austin Sarat and Keshav Pant
9. Capital punishment at the intersections of discrimination and disadvantage: the plight of foreign nationals
Carolyn Hoyle
10. Innocence and the global death penalty
Brandon L. Garrett
Part IV Institutions
11. International law and the abolition of the death penalty
William Schabas
12. The role of institutions in the norm life cycle: the United Nations and the anti–capital punishment norm
Sangmin Bae
13. Regional institutions and death penalty abolition: comparative perspectives and their discontents
Evi Girling
14. Undoing the British colonial legacy: the judicial reform of the death penalty
Saul Lehrfreund
Part V The Future of the Death Penalty
15. Reframing the debate on attitudes towards the death penalty
Mai Sato
16. Pulling states towards abolitionism: the power of acculturation as a socialization mechanism
Michelle Miao
17. Imagining utopia: the global abolition of the death penalty
Jon Yorke and Amna Nazir
18. After abolition: the empirical, jurisprudential and strategic legacy of transnational death penalty litigation
Andrew Novak
19. Global abolition of capital punishment: contributors, challenges and conundrums
Carol S Steiker and Jordan M. Steiker
Index