Drug courts offer radically new ways to deal with the legal and social problems presented by repeat drug offenders, often dismissing criminal charges as an incentive for participation in therapeutic programs. Since the first drug court opened in 1989 in Florida, close to 600 have been established throughout the United States. Although some observers have questioned their efficacy, no one until now has constructed an overall picture of the drug court phenomenon and its place in an American history of the social control of drugs. Here James Nolan examines not only how therapeutic strategies deviate from traditional judiciary proceedings, but also how these differences reflect changes afoot in American culture and conceptions of justice. Nolan draws upon extensive fieldwork to analyze a new type of courtroom drama in which the judge engages directly and regularly with the defendant-turned-client, lawyers play a reduced and less adversarial role, and treatment providers exert unprecedented influence in determining judicially imposed sanctions. The author considers the intended as well as unexpected consequences of therapeutic jurisprudence: for example, behavior undergoes a pathological reinterpretation, guilt is discredited, and the client's life story and ability to convince the judge of his or her willingness to change take on a new importance. Nolan finds that, fueled in part by the strength of therapeutic sensibilities in American culture, the drug court movement continues to expand and advances with it new understandings of the meaning and practice of justice.
Grounded in the stories of their actual visits, What They Saw in America takes the reader through the journeys of four distinguished, yet very different foreign visitors - Alexis de Tocqueville, Max Weber, G. K. Chesterton and Sayyid Qutb - who traveled to the United States between 1830 and 1950. The comparative insights of these important outside observers (from both European and Middle Eastern countries) encourage sober reflection on a number of features of American culture that have persisted over time - individualism and conformism, the unique relationship between religion and capitalism, indifference toward nature, voluntarism, attitudes toward race, and imperialistic tendencies. Listening to these travelers' views, both the ambivalent and even the more unequivocal, can help Americans better understand themselves, more fully empathize with the values of other cultures, and more deeply comprehend how the United States is perceived from the outside.
A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.
An unflinching examination of the moral and professional dilemmas faced by physicians who took part in the Manhattan Project. After his father died, James L. Nolan, Jr., took possession of a box of private family materials. To his surprise, the small secret archive contained a treasure trove of information about his grandfather’s role as a doctor in the Manhattan Project. Dr. Nolan, it turned out, had been a significant figure. A talented ob-gyn radiologist, he cared for the scientists on the project, organized safety and evacuation plans for the Trinity test at Alamogordo, escorted the “Little Boy” bomb from Los Alamos to the Pacific Islands, and was one of the first Americans to enter the irradiated ruins of Hiroshima and Nagasaki. Participation on the project challenged Dr. Nolan’s instincts as a healer. He and his medical colleagues were often conflicted, torn between their duty and desire to win the war and their oaths to protect life. Atomic Doctors follows these physicians as they sought to maximize the health and safety of those exposed to nuclear radiation, all the while serving leaders determined to minimize delays and maintain secrecy. Called upon both to guard against the harmful effects of radiation and to downplay its hazards, doctors struggled with the ethics of ending the deadliest of all wars using the most lethal of all weapons. Their work became a very human drama of ideals, co-optation, and complicity. A vital and vivid account of a largely unknown chapter in atomic history, Atomic Doctors is a profound meditation on the moral dilemmas that ordinary people face in extraordinary times.
The United States has always been profoundly conflicted about the role and utility of its government. Simmering just beneath the surface of heated public discussions over the appropriate scope and size of government are foundational questions about the very purpose of the state, and the basis of its authority. America's changing and diversifying cultural climate makes common agreement about the government's raison d'être all the more difficult. In The Therapeutic State, James Nolan shows us how these unresolved dilemmas have coalesced at century's end. Today the American state, faced with a steady decline in public confidence, has embraced a therapeutic code of moral understanding to legitimize its very existence. By ranging widely across education, criminal justice, welfare, political rhetoric, and civil law, Nolan convincingly illustrates how the state increasingly turns to the therapeutic ethos as a justification for its programs and policies, a development that will profoundly influence the relationship between government and citizenry. In a tone refreshingly free of polemic, Nolan charts the dialectic relationship between culture and politics and, against the backdrop of striking historical contrasts, gives example after example of the emergence of therapeutic sensibilities in the processes of the American state.
An unflinching examination of the moral and professional dilemmas faced by physicians who took part in the Manhattan Project. After his father died, James L. Nolan, Jr., took possession of a box of private family materials. To his surprise, the small secret archive contained a treasure trove of information about his grandfather’s role as a doctor in the Manhattan Project. Dr. Nolan, it turned out, had been a significant figure. A talented ob-gyn radiologist, he cared for the scientists on the project, organized safety and evacuation plans for the Trinity test at Alamogordo, escorted the “Little Boy” bomb from Los Alamos to the Pacific Islands, and was one of the first Americans to enter the irradiated ruins of Hiroshima and Nagasaki. Participation on the project challenged Dr. Nolan’s instincts as a healer. He and his medical colleagues were often conflicted, torn between their duty and desire to win the war and their oaths to protect life. Atomic Doctors follows these physicians as they sought to maximize the health and safety of those exposed to nuclear radiation, all the while serving leaders determined to minimize delays and maintain secrecy. Called upon both to guard against the harmful effects of radiation and to downplay its hazards, doctors struggled with the ethics of ending the deadliest of all wars using the most lethal of all weapons. Their work became a very human drama of ideals, co-optation, and complicity. A vital and vivid account of a largely unknown chapter in atomic history, Atomic Doctors is a profound meditation on the moral dilemmas that ordinary people face in extraordinary times.
The findings reported in this book are based upon ethnographic observations of drug courts throughout the United States and provide a glimpse into the unique character of the American drug court model, considering the qualities and consequences of this form of criminal adjudication.
Grounded in the stories of their actual visits, What They Saw in America takes the reader through the journeys of four distinguished, yet very different foreign visitors - Alexis de Tocqueville, Max Weber, G. K. Chesterton and Sayyid Qutb - who traveled to the United States between 1830 and 1950. The comparative insights of these important outside observers (from both European and Middle Eastern countries) encourage sober reflection on a number of features of American culture that have persisted over time - individualism and conformism, the unique relationship between religion and capitalism, indifference toward nature, voluntarism, attitudes toward race, and imperialistic tendencies. Listening to these travelers' views, both the ambivalent and even the more unequivocal, can help Americans better understand themselves, more fully empathize with the values of other cultures, and more deeply comprehend how the United States is perceived from the outside.
An analysis of the commingling of the therapeutic and political cultures in America. Nolan (anthropology and sociology, Williams College) supplies his background by looking at trends such as the emotivist ethic, the pathologization of human behavior, the rise of a new priestly class, and the legiti.
A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.
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