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Colonialism Is Crime by Marianne Nielsen,Linda M. Robyn Pdf
There is powerful evidence that the colonization of Indigenous people was and is a crime, and that that crime is on-going. In this book Nielsen and Robyn present an analysis of the relationship between these colonial crimes and their continuing criminal and socially injurious consequences that exist today.
Author : Lisa Monchalin Publisher : University of Toronto Press Page : 448 pages File Size : 45,5 Mb Release : 2016-03-08 Category : Social Science ISBN : 9781442606647
Indigenous peoples are vastly overrepresented in the Canadian criminal justice system. The Canadian government has framed this disproportionate victimization and criminalization as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more culturally aware position. She analyzes the consequences of assimilation policies, dishonoured treaty agreements, manipulative legislation, and systematic racism, arguing that the overrepresentation of Indigenous peoples in the Canadian criminal justice system is not an Indian problem but a colonial one.
This book provides an account of the distinctive way in which penal power developed outside the metropolitan centre. Proposing a radical revision of the Foucauldian thesis that criminological knowledge emerged in the service of a new form of power – discipline – that had inserted itself into the very centre of punishment, it argues that Foucault’s alignment of sovereign, disciplinary and governmental power will need to be reread and rebalanced to account for its operation in the colonial sphere. In particular it proposes that colonial penal power in India is best understood as a central element of a liberal colonial governmentality. To give an account of the emergence of this colonial form of penal power that was distinct from its metropolitan counterpart, this book analyses the British experience in India from the 1820s to the early 1920s. It provides a genealogy of both civil and military spheres of government, illustrating how knowledge of marginal and criminal social orders was tied in crucial ways to the demands of a colonial rule that was neither monolithic nor necessarily coherent. The analysis charts the emergence of a liberal colonial governmentality where power was almost exclusively framed in terms of sovereignty and security and where disciplinary strategies were given only limited and equivocal attention. Drawing on post-colonial theory, Penal Power and Colonial Rule opens up a new and unduly neglected area of research. An insightful and original exploration of theory and history, this book will appeal to students and scholars of Law, Criminology, History and Post-colonial Studies.
Colonial Systems of Control by Viviane Saleh-Hanna Pdf
A pioneering book on prisons in West Africa, Colonial Systems of Control: Criminal Justice in Nigeria is the first comprehensive presentation of life inside a West African prison. Chapters by prisoners inside Kirikiri maximum security prison in Lagos, Nigeria are published alongside chapters by scholars and activists. While prisoners document the daily realities and struggles of life inside a Nigerian prison, scholar and human rights activist Viviane Saleh-Hanna provides historical, political, and academic contexts and analyses of the penal system in Nigeria. The European penal models and institutions imported to Nigeria during colonialism are exposed as intrinsically incoherent with the community-based conflict-resolution principles of most African social structures and justice models. This book presents the realities of imprisonment in Nigeria while contextualizing the colonial legacies that have resulted in the inhumane brutalities that are endured on a daily basis. Keywords: Nigeria, West Africa, penal system, maximum-security prison. Published in English.
Caribbean Crime and Criminal Justice by Katharina J Joosen,Corin A Bailey Pdf
Despite high crime rates among men in the Caribbean, rising rates of violence against women in the region, and a significant number of Caribbean nationals incarcerated abroad due to drug smuggling, existing research has yet to offer explanations that are tailored to the unique Caribbean societies and the individuals in them. This edited volume adds to the existing body of scientific, empirical and theoretical work on crime (victimization), and criminal justice in the Caribbean, with a specific focus on impacts of post-colonialism and gender. To investigate these impacts on a developing Caribbean criminology, the contributions in this volume focus on how impacts of post-colonialism, associated racial stereotypes, and/or gender throughout the Caribbean impact on (a) types of offending, (b) victimization, and (c) criminal justice system responses and policies. Bringing together a broad range of experts, this book sheds light on key criminological topics in the Caribbean, including victimization, risk factors for offending, subcultures of violence and particularly gendered violence, and the role of motherhood within matrifocal societies. It is essential reading for those engaged with Caribbean - or decolonial - Criminology and those engaged with comparative and international studies in crime and justice more generally.
British Colonialism and the Criminalization of Homosexuality by Enze Han,Joseph O'Mahoney Pdf
British Colonialism and the Criminalization of Homosexuality examines whether colonial rule is responsible for the historical, and continuing, criminalization of same-sex sexual relations in many parts of the world. Enze Han and Joseph O’Mahoney gather and assess historical evidence to demonstrate the different ways in which the British empire spread laws criminalizing homosexual conduct amongst its colonies. Evidence includes case studies of former British colonies and the common law and criminal codes like the Indian Penal Code of 1860 and the Queensland Criminal Code of 1899. Surveying a wide range of countries, the authors scrutinise whether ex-British colonies are more likely to have laws that criminalize homosexual conduct than other ex-colonies or other states in general They interrogate the claim that British imperialism uniquely ‘poisoned’ societies against homosexuality, and look at the legacies of colonialism and the politics and legal status of homosexuality across the globe.
Colonialism Is Crime by Marianne Nielsen,Linda M. Robyn Pdf
There is powerful evidence that the colonization of Indigenous people was and is a crime, and that that crime is on-going. Achieving historical colonial goals often meant committing acts that were criminal even at the time. The consequences of this oppression and criminal victimization is perhaps the critical factor explaining why Indigenous people today are overrepresented as victims and offenders in the settler colonist criminal justice systems. This book presents an analysis of the relationship between these colonial crimes and their continuing criminal and social consequences that exist today. The authors focus primarily on countries colonized by Britain, especially the United States. Social harm theory, human rights covenants, and law are used to explain the criminal aspects of the historical laws and their continued effects. The final chapter looks at the responsibilities of settler-colonists in ameliorating these harms and the actions currently being taken by Indigenous people themselves.
In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more culturally aware position.
The International Criminal Court at the Mercy of Powerful States by Res Schuerch Pdf
This book aims to investigate whether, and if so, how, an institution designed to bring to justice perpetrators of the most heinous crimes can be regarded a tool of oppression in a (neo-)colonial sense. To do so, it re-invents the concept of neo-colonialism, which is traditionally associated more with economic or political implications, from an international criminal law perspective, combining historical, political and legal analyses. Allegations of neo-colonialism in relation to the International Criminal Court (ICC) became widespread after the Court had issued an arrest warrant against the Sudanese President Omar Al-Bashir in 2009. While the Court, since its entry into function in 2002, has been confronted with criticism from various corners, the neo-colonialism controversy was sparked by African stakeholders. Unlike other contributions in this domain, thus, this book provides a Western perspective on an issue more often addressed from an African standpoint, with the intention of distinguishing itself from the more political and emotive and sometimes superficial arguments that exist within critical legal approaches towards the ICC. The subject matter will primarily be of interest to scholars of international criminal law or those operating at the intersection of law and politics/history, nationals of African states and from other parts of the world professionally interested and/or involved in international criminal law and justice and the ICC, and governmental and non-governmental organizations. Secondly, the book will also appeal and speak to critical legal scholars and those interested in historical legal analysis. Res Schuerch is a Swiss lawyer specialized in the field of International Criminal Law and the ICC. He previously worked as a researcher at the University of Amsterdam and as an academic assistant at the University of Zürich.
Crime, Justice and Society in Colonial Sri Lanka by John D. Rogers Pdf
Crime, Justice and Society in Colonial Sri Lanka (1987) examines Sri Lanka’s justice system under British rule, and concentrates on two of its aspects: the effectiveness of the administration of law and order, and the relationship between crime and social change. It argues that the colonial judicial system did penetrate rural areas, but did not operate in the way the British intended. Instead, Sri Lankans adapted the state institutions so that they functioned more effectively within indigenous culture.
Criminal Justice in the Pre-colonial, Colonial and Post-colonial Eras by Peter Okoro Nwankwo Pdf
This book advances Frantz Fanon's two-revolutionary theory of decolonization and analyzes the changes in law during the pre-colonial, colonial, and post-colonial eras. The author argues that Fanon's model of colonial oppression and its categories of maintenance needs are predictive of the evolution from pre-colonial to post-colonial society in Africa.
North American Genocides by Laurelyn Whitt,Alan W. Clarke Pdf
Argues that North American settler colonialism included episodes of genocide of Indigenous peoples as defined by the United Nations Genocide Convention.
Counter-Colonial Criminology by Biko Agozino,Stephen Pfohl Pdf
This book will revolutionize the study of criminology throughout the world and promote the discipline especially in the Third World. ... A groundbreaking book ... [offering ] dazzling brilliance in the development of criminological theory. Ihekwoaba D. Onwudiwe, Associate Professor, Dept. of Criminal Justice, University of Maryland Eastern Shore“It adopts an insightful theoretical approach to the study of criminology. I find the interdisciplinary approach appealing”. Jerry Dibua, Morgan State UniversityThis book is about how the history of colonialism has shaped the definition of crime and justice systems not only in former colonies but also in colonialist countries. Biko Agozino argues that criminology in the West was originally tested in the colonies and then brought back to mother countries -- in this way, he claims, the colonial experience has been instrumental in shaping modern criminology in colonial powers. He looks at how radical critiques of mainstream criminology by critical feminist and postmodernist thinkers contribute to an understanding of the relationship between colonial experience and criminology. But he also shows that even critical feminist and postmodernist assessments of conventional criminology do not go far enough as they remain virtually silent on colonial issues. Biko Agozino considers African and other postcolonial literature and contributions to counter colonial criminology, their originality, relevance and limitations. Finally he advocates a “committed objectivity” approach to race-class-gender criminology investigations in order to come to terms with imperialistic and neo-colonialist criminology.
Author : David Murray Publisher : University of Toronto Press Page : 304 pages File Size : 53,8 Mb Release : 2002-01-01 Category : History ISBN : 0802086888
This new study of early Canadian law delves into the court records of the Niagara District, one of the richest sets of records surviving from Upper Canada, to analyze the criminal justice system in the district during the first half of the 19th century.
Race, Gender, and Punishment by Mary Bosworth,Jeanne Flavin Pdf
In this book, Mary Bosworth and Jeanne Flavin bring together twelve original essays by prominent scholars to examine not only the discrimination that is evident, but also the structural and cultural forces that have influenced and continue to perpetuate the current situation. Contributors point to four major factors that have impacted public sentiment and criminal justice policy: colonialism, slavery, immigration, and globalization. In doing so they reveal how practices of punishment not only need particular ideas about race to exist, but they also legitimate them.
