Decolonizing The Criminal Question

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Decolonizing the Criminal Question

Author : Ana Aliverti,Henrique Carvalho,Anastasia Chamberlen,Professor of Sociology of Law and Criminology Máximo Sozzo
Publisher : Oxford University Press
Page : 417 pages
File Size : 45,6 Mb
Release : 2023-06-08
Category : Law
ISBN : 9780192899002

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Decolonizing the Criminal Question by Ana Aliverti,Henrique Carvalho,Anastasia Chamberlen,Professor of Sociology of Law and Criminology Máximo Sozzo Pdf

Within the discipline of criminology and criminal justice, relatively little attention has been paid to the relationship between criminal law, punishment, and imperialism, or the contours and exercise of penal power in the Global South. Decolonizing the Criminal Question is the first work of its kind to comprehensively place colonialism and its legacies at the heart of criminological enquiry. By examining the reverberations of colonial history and logics in the operation of penal power, this volume explores the uneasy relationship between criminal justice and colonialism, bringing relevance of these legacies in criminological enquiries to the forefront of the discussion. It invites and pursues a better understanding of the links between imperialism and colonialism on the one hand, and nationalism and globalisation on the other, by exposing the imprints of these links on processes of marginalisation, racialisation, and exclusion that are central to contemporary criminal justice practices. Covering a range of jurisdictions and themes, Decolonizing the Criminal Question details how colonial and imperial domination relied on the internalization of hierarchies and identities -- for example, racial, geographical, and geopolitical -- of both the colonized and the colonizer, and shaped their subjectivity through imageries, discourses, and technologies. Offering innovative, conceptual, and methodological approaches to the study of the criminal question, this work is an essential read for scholars not only focused on criminology and criminal justice, but also for scholars in law, anthropology, sociology, politics, history, and a range of other disciplines in the humanities and social sciences. Decolonizing the Criminal Question is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.

Decolonizing the Criminal Question

Author : Ana Aliverti,Henrique Carvalho,Anastasia Chamberlen,Máximo Sozzo
Publisher : Oxford University Press
Page : 417 pages
File Size : 55,8 Mb
Release : 2023-06-08
Category : Social Science
ISBN : 9780192899088

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Decolonizing the Criminal Question by Ana Aliverti,Henrique Carvalho,Anastasia Chamberlen,Máximo Sozzo Pdf

Within the discipline of criminology and criminal justice, relatively little attention has been paid to the relationship between criminal law, punishment, and imperialism, or the contours and exercise of penal power in the Global South. Decolonizing the Criminal Question is the first work of its kind to comprehensively place colonialism and its legacies at the heart of criminological enquiry. By examining the reverberations of colonial history and logics in the operation of penal power, this volume explores the uneasy relationship between criminal justice and colonialism, bringing relevance of these legacies in criminological enquiries to the forefront of the discussion. It invites and pursues a better understanding of the links between imperialism and colonialism on the one hand, and nationalism and globalization on the other, by exposing the imprints of these links on processes of marginalization, racialization, and exclusion that are central to contemporary criminal justice practices. Covering a range of jurisdictions and themes, Decolonizing the Criminal Question details how colonial and imperial domination relied on the internalization of hierarchies and identities — for example, racial, geographical, and geopolitical — of both the colonized and the colonizer, and shaped their subjectivity through imageries, discourses, and technologies. Offering innovative, conceptual, and methodological approaches to the study of the criminal question, this work is an essential read for scholars not only focused on criminology and criminal justice, but also for scholars in law, anthropology, sociology, politics, history, and a range of other disciplines in the humanities and social sciences. Decolonizing the Criminal Question is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.

The Routledge International Handbook on Decolonizing Justice

Author : Chris Cunneen,Antje Deckert,Amanda Porter,Juan Tauri,Robert Webb
Publisher : Taylor & Francis
Page : 723 pages
File Size : 54,7 Mb
Release : 2023-07-03
Category : Political Science
ISBN : 9781000904048

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The Routledge International Handbook on Decolonizing Justice by Chris Cunneen,Antje Deckert,Amanda Porter,Juan Tauri,Robert Webb Pdf

The Routledge International Handbook on Decolonizing Justice focuses on the growing worldwide movement aimed at decolonizing state policies and practices, and various disciplinary knowledges including criminology, social work and law. The collection of original chapters brings together cutting-edge, politically engaged work from a diverse group of writers who take as a starting point an analysis founded in a decolonizing, decolonial and/or Indigenous standpoint. Centering the perspectives of Black, First Nations and other racialized and minoritized peoples, the book makes an internationally significant contribution to the literature. The chapters include analyses of specific decolonization policies and interventions instigated by communities to enhance jurisdictional self-determination; theoretical approaches to decolonization; the importance of research and research ethics as a key foundation of the decolonization process; crucial contemporary issues including deaths in custody, state crime, reparations, and transitional justice; and critical analysis of key institutions of control, including police, courts, corrections, child protection systems and other forms of carcerality. The handbook is divided into five sections which reflect the breadth of the decolonizing literature: • Why decolonization? From the personal to the global • State terror and violence • Abolishing the carceral • Transforming and decolonizing justice • Disrupting epistemic violence This book offers a comprehensive and timely resource for activists, students, academics, and those with an interest in Indigenous studies, decolonial and post-colonial studies, criminal legal institutions and criminology. It provides critical commentary and analyses of the major issues for enhancing social justice internationally. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Decolonising Criminology

Author : Harry Blagg,Thalia Anthony
Publisher : Springer Nature
Page : 413 pages
File Size : 44,8 Mb
Release : 2019-11-23
Category : Social Science
ISBN : 9781137532473

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Decolonising Criminology by Harry Blagg,Thalia Anthony Pdf

This book undertakes an exploratory exercise in decolonizing criminology through engaging postcolonial and postdisciplinary perspectives and methodologies. Through its historical and political analysis and place-based case studies, it challenges criminological inquiry by installing colonial structures of power at the centre of the contemporary criminological debate. This work unseats the Western nation-state as the singular point of departure for comparative criminological and socio-legal research. Decolonising Criminology argues that postcolonial and postdisciplinary critique can open up new pathways for criminological investigation. It builds on recent debates in criminology from outside of the Anglosphere. The authors deploy a number of heuristic devices, perspectives and theories generally ignored by criminologists of the Global North and engage perspectives concerned with articulating new decolonised epistemologies of the Global South. This book disputes the view that colonisation is a thing of the past and provides lessons for the Global North.

Decolonizing Law

Author : Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia
Publisher : Routledge
Page : 271 pages
File Size : 49,6 Mb
Release : 2021-05-24
Category : Law
ISBN : 9781000396553

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Decolonizing Law by Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia Pdf

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

Decolonising Restorative Justice

Author : Leanne Alexis Levers
Publisher : Taylor & Francis
Page : 153 pages
File Size : 52,9 Mb
Release : 2023-09-01
Category : Law
ISBN : 9781000936278

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Decolonising Restorative Justice by Leanne Alexis Levers Pdf

This book critically examines the colonial dimensions of restorative justice through the lens of justice policy reform in Jamaica. Restorative justice is not new. Practices of restitution can be found throughout history, predominantly in non-Western traditions and religions. One of the key principles of restorative practices is contextualisation. That is, restorative practices are developed and embedded within the political, economic, and cultural context of the communities in which they are practised. Many of the countries that have gone on to develop restorative justice as part of their formal justice system have developed their policy on the model of their indigenous communities – for example, in Canada and in New Zealand. However, with the globalisation of restorative practices within the past decade, many countries have sought to ‘colonise’ restorative justice, by developing a standardised, best-practice approach. Instead of a practice that is developed and formed by its community, colonised restorative justice dictates that one size fits all. Examined through the lens of the development and implementation of restorative justice policies in Jamaica, this book argues that this Westernised approach diminishes the effectiveness of restorative justice in its capacity: to address the victim’s needs; to hold the offender accountable in a way that reintegrates them into society; and to empower the community by involving them in the provision of justice to victims. Restorative justice, then, must be decolonised –and local, indigenous practices acknowledged –if it is to achieve its aims. This book will be of interest to a range of scholars with interests in decolonisation, as well as alternative dispute resolution, especially those in sociolegal studies, criminology, human rights, social policy, political science, and Caribbean studies.

Calibrating Colonial Crime

Author : Joshua Castellino
Publisher : Policy Press
Page : 184 pages
File Size : 51,5 Mb
Release : 2024-07-04
Category : Law
ISBN : 9781529241877

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Calibrating Colonial Crime by Joshua Castellino Pdf

This profound book by leading socio-legal scholar Joshua Castellino offers a fresh perspective on the lingering legacies of colonization. While decolonization liberated territories, it left the root causes of historical injustice unaddressed. Governance change did not address past wrongs and transferred injustice through political and financial architectures. Castellino presents a five-point plan aimed at system redress through reparations that addresses the colonially induced climate crisis through equitable and sustainable means. In highlighting the structural legacy of colonial crimes, Castellino provides insights into the complexities of contemporary societies, showing how legal frameworks could foster a fairer, more just world.

Criminology and Democratic Politics

Author : Tom Daems,Stefaan Pleysier
Publisher : Routledge
Page : 313 pages
File Size : 47,6 Mb
Release : 2020-12-30
Category : Political Science
ISBN : 9781000288230

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Criminology and Democratic Politics by Tom Daems,Stefaan Pleysier Pdf

Criminology and Democratic Politics brings together a range of international leading experts to consider the relationship between criminology and democratic politics. How does criminology relate to democratic politics? What has been the impact of criminology on crime and justice? How can we make sense of the uses, non-uses, and abuses of criminology? Such questions are far from new, but in recent times they have moved to the centre of debate in criminology in different parts of the world. The chapters in Criminology and Democratic Politics aim to contribute to this global debate. Chapters cover a range of themes such as punishment, knowledge, and penal politics; crime, fear, and the media; democratic politics and the uses of criminological knowledge; and the public role of criminology. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, and politics and all those interested in how criminology relates to democratic politics in modern times.

Punishment, Probation and Parole

Author : Katharina Maier,Rosemary Ricciardelli,Fergus McNeill
Publisher : Emerald Group Publishing
Page : 231 pages
File Size : 42,9 Mb
Release : 2023-12-14
Category : Social Science
ISBN : 9781837531943

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Punishment, Probation and Parole by Katharina Maier,Rosemary Ricciardelli,Fergus McNeill Pdf

Punishment, Probation and Parole brings together leading scholars to explore the various dimensions and emerging concepts of community-based penalties and models for their future.

Leading Works in Criminal Law

Author : Chloë Kennedy,Lindsay Farmer
Publisher : Taylor & Francis
Page : 278 pages
File Size : 40,7 Mb
Release : 2023-08-11
Category : Law
ISBN : 9781000926286

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Leading Works in Criminal Law by Chloë Kennedy,Lindsay Farmer Pdf

This book analyses a selection of leading works in the criminal law to ask questions about how the modern discipline of criminal law has developed, how it has been deployed in colonial and postcolonial contexts, and how criminal law scholarship has engaged with traditionally marginalised perspectives such as feminism, queer theory, and anti-carceral and abolitionist movements. The works analysed range from Macaulay’s Indian Penal Code (1837) to more recent textbooks and monographs on criminal law, and their jurisdictional reach extends to India, Canada, Australia, Malawi, the UK and the USA. The contributing authors include scholars, activists and legal practitioners, each of whom explores the intellectual development and geographical reach of Anglocriminal law via the work they analyse. Across the collection, the editors and contributors address the question of what it means to be a leading work in criminal law. The book will be a valuable resource for students, academics and researchers working in the area of criminal law.

Indigenous Legal Traditions

Author : Law Commission of Canada
Publisher : UBC Press
Page : 189 pages
File Size : 51,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780774843737

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Indigenous Legal Traditions by Law Commission of Canada Pdf

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Colonialism Is Crime

Author : Marianne Nielsen,Linda M. Robyn
Publisher : Rutgers University Press
Page : 277 pages
File Size : 53,7 Mb
Release : 2019-09-20
Category : Law
ISBN : 9780813598710

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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.

Neither Settler nor Native

Author : Mahmood Mamdani
Publisher : Harvard University Press
Page : 417 pages
File Size : 46,5 Mb
Release : 2020-11-17
Category : Political Science
ISBN : 9780674987326

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Neither Settler nor Native by Mahmood Mamdani Pdf

Making the radical argument that the nation-state was born of colonialism, this book calls us to rethink political violence and reimagine political community beyond majorities and minorities. In this genealogy of political modernity, Mahmood Mamdani argues that the nation-state and the colonial state created each other. In case after case around the globe—from the New World to South Africa, Israel to Germany to Sudan—the colonial state and the nation-state have been mutually constructed through the politicization of a religious or ethnic majority at the expense of an equally manufactured minority. The model emerged in North America, where genocide and internment on reservations created both a permanent native underclass and the physical and ideological spaces in which new immigrant identities crystallized as a settler nation. In Europe, this template would be used by the Nazis to address the Jewish Question, and after the fall of the Third Reich, by the Allies to redraw the boundaries of Eastern Europe’s nation-states, cleansing them of their minorities. After Nuremberg the template was used to preserve the idea of the Jews as a separate nation. By establishing Israel through the minoritization of Palestinian Arabs, Zionist settlers followed the North American example. The result has been another cycle of violence. Neither Settler nor Native offers a vision for arresting this historical process. Mamdani rejects the “criminal” solution attempted at Nuremberg, which held individual perpetrators responsible without questioning Nazism as a political project and thus the violence of the nation-state itself. Instead, political violence demands political solutions: not criminal justice for perpetrators but a rethinking of the political community for all survivors—victims, perpetrators, bystanders, beneficiaries—based on common residence and the commitment to build a common future without the permanent political identities of settler and native. Mamdani points to the anti-apartheid struggle in South Africa as an unfinished project, seeking a state without a nation.

Questioning Punishment

Author : Henrique Carvalho,Anastasia Chamberlen
Publisher : Taylor & Francis
Page : 126 pages
File Size : 50,8 Mb
Release : 2023-10-06
Category : Social Science
ISBN : 9781000981810

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Questioning Punishment by Henrique Carvalho,Anastasia Chamberlen Pdf

This book questions punishment as concept, social phenomenon and contemporary practice. It unpacks punishment’s nature and the assumptions that underpin it, examines its targets, objectives and implications, locates punishment and punitivity within their social contexts, and aims to unsettle the idea that there is something common-sensical, necessary and unavoidable about punitive justice. Questioning Punishment develops its argument through an innovative structure organised around five central questions: what punishment is; who punishment’s targets and subjects are; how punishment is perpetuated and experienced; when and where punishment unfolds and why we punish. It ends by considering the implications of this enquiry to understandings of punishment and broader pursuits of justice. It is essential reading for all those engaged with the sociology of punishment and prisons, criminal justice, and theoretical criminology.

Decolonizing Human Rights

Author : Abdullahi Ahmed An-Naim
Publisher : Cambridge University Press
Page : 157 pages
File Size : 44,5 Mb
Release : 2021-12-09
Category : Law
ISBN : 9781108417136

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Decolonizing Human Rights by Abdullahi Ahmed An-Naim Pdf

This book advances practical protection of human rights, and challenge claims of western monopoly of human rights discourse.