Saturday, April 20, 2019

Violance and the World by Robert Cover and Reflections on the Essay

Violance and the World by Robert Cover and Reflections on the Guillotine by Albert Cumus - Essay Example agree to Cover (p. 1601), for instance, when a judge interprets the law and hands out a sentence, as sanctionedly separate to the crime as it may be, the sheer act of imposition of violence on a nonher soulfulness is in itself an act of death and pain. This is quite similar to the actions committed during the course of the crime. This means that the interpretation of legal statutes occurs under conditions of death and pain. For instance, as a result of the imposition of a term of sentence, a label losses his freedom, property, or life in extreme cases, while his family losses a father, brother, son or husband. Cumus is especially expressive about the aspect of sentencing convicts to the death penalty. According to the Cumus (p. 23), murder carried out by the domain or under state supervision is tantamount to premeditated murder carried out by criminals on innocent persons. Co ver speaks on this topic, citing that the interpretations of law allow for justification of violence and murder of persons found blamable of crimes, which, as Cumus put it, is equal to premeditated murder. While Cover explains that he is not sympathetic towards criminals and convicts for the crimes they committed, he asserts that the interpretation in the law itself creates victims who are innocent of the crime for which they are suffering (Cover, p. 1602). The victims in some instances are family members who were oblivious of the occurrence of the crime. The organized social practices of interpretations in law tear families up and carry out the same violence for which they are meant to punish. The irony of this situation is compounded by the statistics, proving that capital punishment does not necessarily reduce the occurrence of crime. According to Cumus, a more logical approach for remedying criminal deportment is through reforms and rehabilitation, rather than violence, pain , and death. Because the nature of law is to uphold the humane conduct of all persons in society, it is wry that law also contravenes the same humane essence it preaches. Cumus tells of instances when the guillotine is not instant, hence prolonging the suffering of twain its victim and that of family members and other witnesses. The sheer brutality of the guillotine is also implicit of the laws tearing nature (Cumus, p. 19) Both writers argue for the discontinuation of capital punishment. Cumus is primarily concerned about the guillotine, which he asserts is uncomplete humane nor instant, as it is purported to be. Cover, on the other hand, speaks of the need to adopt more rough-and-ready systems of reforms, rather than the courtly violence-riddled sentencing and confinement of convicts in solitary places (Cover, p. 1606). Legal interpretation, according to Cover, should adopt a culture that is similar to a number of communities, which use shame and contrition as a means of pun ishing offenders. In such instances, the offenders shame for their actions is stronger than any degree of violence meted on them in terms of behavioral correction. Cumus argues that the guillotines effectiveness has been eroded with time. In earlier times when the guillotine was used in public, it was relatively effective in deterring crime. However, because it is currently used privately in prisons, its effectiveness is muffled. This means that there is, in fact, no need to use the guillotine any more in the current day and age. Nonetheless, Cumus is somewhat substantiative of the conduct of executions

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