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Comparative Capital Punishment

Edited by: Carol S. Steiker, Jordan M. Steiker

ISBN13: 9781786433244
Published: November 2019
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £180.00

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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.

Comparative Law
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