My Translation of Uwe Kischel’s ‘Comparative Law’ Published

The book I spent over two years translating, ‘Comparative Law’, by the German expert Prof. Dr. Uwe Kischel, has just been published by Oxford University Press, and I recently received my translator’s copies:

They look handsome indeed. The book is 928 pages long and not cheap, but worth every penny — a monument of scholarship, filled with fascinating insights. No lawyer’s bookshelf is complete without it. Claim it as a business expense!

My Contribution to the Enlightenment Now

A friend who’s reading Steven Pinker’s defense of the European Enlightenment, Enlightenment Now, alerts me to the fact that I am name-checked on page 210:

pinker name check.JPG

Nice to encounter a fair and reasonable summary of your work in a best-selling book, especially one whose argument you find congenial.

If you’d like the longer version of this argument, you can buy, or borrow, or otherwise acquire my 2010 book, Ending the Death Penalty: The European Experience in Global Perspective. And if you’re wondering: Yep, it’s written for non-lawyers.

Behold! I Shall Fish the Bottles Out of the Düssel

Take a look at this:

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This is the Düssel river, the local Rhein tributary that gives Düsseldorf its name. Some rivers are so big, cities are built around them, not over them. The Düssel isn't that big. The city fathers of Düsseldorf did actually keep the river, mind you. However, it flows underground most of the way through the city, only popping into view occasionally. But when it does come into view, it's a refreshing change. And as here, near the Karolingerstraße, a bit of riverbank has been preserved, creating a nice park-like atmosphere.

Granted, it's only a little brook, and the riverbank is only about 5 meters on either side before the streets and buildings begin. But even a small bit of nature and green in the city does a surprising amount to make a place more livable. Trust me, I've lived in cities which don't know how to do this.

But here's the thing: you see those shapes in the water? No, they're not fish. There are fish in the Düssel, but they're much smaller. Those things are bottles. 

Fucking bottles.

Over the years, subhuman fucksticks have finished their bottles of cheap beer and casually tossed them into the river. Even though there's a bottle deposit in Germany, which poor people rely on, scouring the city for deposits. You could simply put the bottle on the bridge over the river, and it would be gone in literally 5 minutes, collected by some retiree living on a miserly pension. Also, no more than 2 meters from where I shot this photo, there are not only trash bins but a fucking glass recycling box.

But did Jackass McShitforbrains (or perhaps Güldüz Al-Antisocial) use any of these opportunities? No. He just threw the fucking bottle into the cool, clear, pristine water of the river. So every single time a human crosses this bridge and pauses to enjoy a nice view, he's reminded of the fact that certain humanoid entities exist who would fuck up a nice little view out of sheer laziness or spite.

I have never actually seen anyone throw a bottle in the Düssel. Actually, that's pretty fortunate, because if I did, I would probably fly into a rage and try to beat them to death. I'm not joking. One of the reasons Northwestern Europe is such a nice place to live is that people take care of public spaces. One of the many curses of the developing world is that people in those countries have no understanding of why it's important to keep public spaces clean. They are often scrupulously neat in their private homes, but think nothing of throwing garbage anywhere in the open. This is one of the key conflicts that arise when immigrants from the Third World arrive in Germany: they go picknicking in the park and leave a mound of dirty diapers, trash, bottles, plastic bags, disposable barbecues, and food remains just sitting in a pile in the middle of a pristine meadow of luscious green grass. 

Now, part of this is because the countries they come from don't have functioning garbage-disposal infrastructures, etc. But there's also a cultural component, as anybody who's ever lived in a country like India can tell you. Even in middle-class families, there's a sense that the interior of the home is a focus of pride and should be kept spotless, but if you don't own the land — especially if nobody owns the land — then it's fair game to just throw anything away there. As a 2013 book call The Concept of the Public Realm puts it:

Take something as simple as streets and public parks. Since they lie outside the family home, they are seen as a no-man's land, an empty space, almost a wilderness. While the Indian home is clean and tidy, streets and even parks are unacceptably dirty. Streets are used as garbage heaps, and rubbish and leftover food is thrown around in parks. Even the front of the house is sometimes turned into as a garbage heap. Since public spaces are not seen as theirs, Indians generally take no care of them and expect the civic authority to do so. And if it does not, as is generally the case, things are left as they are. It is striking that few Indians protest against dirty streets and lack of pavements and zebra crossings, almost as if they cannot see how things can be otherwise (Kakar and Kakar 2007, p. 21).

Not that India deserves to be singled out. The problem also exists all over the Arab world and even in Italy, although it's much less serious there.

In any case, I've had enough. I already have a really long pole which I use for certain camera shots. I just ordered a pool net strainer. When the weather cools down, I am going to go out there and clean out those bottles. You'd think some German would have done this already, but there's an old German proverb — as accurate now as it ever was — which goes: "A German is someone who, when he sees a mess, sneers in disapproval (die Nase rümpfen) instead of cleaning it up." 

Well, fuck that shit. Just as Tyrell Corporation's motto is "more human than human", mine is "more German than German". I am going to clean out those goddamn bottles, and post before-and-after pics to prove it. If that doesn't earn be the German Service Cross, I don't know what will.

The Boston Globe Praises My Book

A little blatant self-promotion here. Katharine Whittemore in the Boston Globe just began a round-up of seven books about capital punishment and life sentences with this punchy, but essentially accurate, abstract of my book's argument:

Why has Europe ended the death penalty, but we’ve still got it? The conventional answer trades on cultural divides: America is an immature cowboy nation, racist and trigger happy, while Europe is more measured, mature, and its societies, chastened by two world wars, are understandably keen to avoid further violence. They’re enlightened; we’re philistine. Germany, in fact, got rid of capital punishment in 1949 and Britain in 1969. Before I read today’s books, I’d vaguely guessed that the Germans acted in revulsion at their Nazi past, and the British embraced the moral revolution of the Sixties. I was flat wrong; in both cases, the people overwhelmingly supported the death penalty. But their leaders coolly, blatantly overruled them.

“Ending the Death Penalty: The European Experience in Global Perspective” (Palgrave MacMillan, 2010) helped me, like no other book, to understand the worldwide evolution of the ultimate punishment. When Andrew Hammel, a professor of American law at the University of Düsseldorf, asked European jurists and pols why they’ve succeeded where we’ve failed, he constantly heard this refrain: Americans are naïve to think public opinion must change before the law changes. That’s because the “desire to see murderers executed is a basic drive of human nature, one which only the most educated are able to overcome.”

So that’s their strategy: an elite fait accompli. There are long roots here, for the earliest calls for diminishing the death penalty came from European philosophers invited by European monarchs to put their ideas into practice. Voltaire was pivotal and so was Italian jurist Cesare Beccaria, whose 1764 landmark treatise, “On Crimes and Punishments” (Beccaria, 2013), remains powerful reading today and had a marked influence on Thomas Jefferson and John Adams. Beccaria found it immoral and illogical to treat brutality with brutality: “Murder, which [judges] would represent to us as a horrible crime, we see practised by them without repugnance or remorse.’’

In our era, when those on death row in the United States are in for heinous crimes only, we forget that the state once killed for far less. In 19th century Britain, you could die for some 200 transgressions, including vagrancy and “theft from the premises of a calico printers.” The march toward abolition was a slow one, steadily scratching offenses off — but it was basically a top-down process. Such condescension is a nonstarter in our more populist, pluralist society where 63 percent of Americans favor the death penalty. Eastern European countries had similar stats but, in order to join the European Union, they had to end the practice. The responsive structure of American politics guarantees, for now, it’s here to stay.

My Book Now Exists

My first book, Ending the Death Penalty: The European Experience in Global Perspective, has assumed physical form, and can now be bought on Amazon.co.uk, as you can see by the widget to the right. If you're interested and have an extra couple dozen Euro lying around, please go buy it!

My Forthcoming Book: Ending the Death Penalty

 (Forgive the blurb. New posts Book Cover below!)

A note to my readers: My first book, Ending the Death Penalty: The European Experience in Global Perspective, will be published in the UK on May 14, 2010 by Palgrave MacMillan. You can pre-order it at Palgrave's website here, at Amazon.com here, and at Amazon.de here.

I've often heard the question "Why does the United States still practice the death penalty"? I wrote this book to hazard an answer to an even more interesting question: "Why does Europe no longer have the death penalty?" I analyze the question based on the historical examples of Great Britain, France, and Germany, then try to place the resulting conclusions in global perspective. More information here.