Penal Power And Colonial Rule

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Penal Power and Colonial Rule

Author : Mark Brown
Publisher : Routledge
Page : 226 pages
File Size : 52,7 Mb
Release : 2014-02-03
Category : Law
ISBN : 9781134056040

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Penal Power and Colonial Rule by Mark Brown Pdf

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

Author : Viviane Saleh-Hanna
Publisher : University of Ottawa Press
Page : 536 pages
File Size : 41,7 Mb
Release : 2008-04-18
Category : Social Science
ISBN : 9780776618234

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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.

Police Power and Colonial Rule, Madras, 1859-1947

Author : David Arnold
Publisher : Unknown
Page : 300 pages
File Size : 51,6 Mb
Release : 1986
Category : History
ISBN : STANFORD:36105040541109

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Police Power and Colonial Rule, Madras, 1859-1947 by David Arnold Pdf

Focusing on developments in the Madras presidency between the Rebellion of 1857-58 and independence 90 years later, this book studies the creation of a British constabulary in India as a powerful coercive tool of British colonialism. The author targets the use of police force against dacoits, nationalists, adivasi hillmen, and urban proletariats, and reveals, through the organization and social composition of the constabulary, how internally as well as externally, the police force mirrored the underlying character of the colonial system as a whole.

The Crimmigrant Other

Author : Katja Franko
Publisher : Routledge
Page : 221 pages
File Size : 54,6 Mb
Release : 2019-12-06
Category : Law
ISBN : 9781351001427

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The Crimmigrant Other by Katja Franko Pdf

Western societies are immersed in debates about immigration and illegality. This book examines these processes and outlines how the figure of the "crimmigrant other" has emerged not only as a central object of media and political discourse, but also as a distinct penal subject connecting migration and the logic of criminalization and insecurity. Illegality defines not only a quality of certain acts, but becomes an existential condition, which shapes the daily lives of large groups within the society. Drawing on rich empirical material from national and international contexts, Katja Franko outlines the social production of the crimmigrant other as a multi-layered phenomenon that is deeply rooted in the intricate connections between law, scientific knowledge, bureaucratic practices, politics and popular discourse.

Indigenous Criminology

Author : Cunneen, Chris,Tauri, Juan
Publisher : Policy Press
Page : 216 pages
File Size : 52,8 Mb
Release : 2016-07-27
Category : Political Science
ISBN : 9781447321750

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Indigenous Criminology by Cunneen, Chris,Tauri, Juan Pdf

Indigenous Criminology is the first book to explore indigenous peoples' contact with criminal justice systems comprehensively in a contemporary and historical context. Drawing on comparative indigenous material from North America, Australia, and New Zealand, it both addresses the theoretical underpinnings of a specific indigenous criminology and explores this concept's broader policy and practice implications for criminal justice at large. Written by leading criminologists specializing in indigenous peoples, Indigenous Criminology argues for the importance of indigenous knowledge and methodologies in shaping this field and suggests that the concept of colonialism is fundamental to understanding contemporary problems of criminology, such as deaths in custody, high imprisonment rates, police brutality, and the high levels of violence in some indigenous communities. Prioritizing the voices of indigenous peoples, this book will make a significant and lasting contribution to the decolonizing of criminology.

Mr. Mothercountry

Author : Keally D. McBride
Publisher : Oxford University Press
Page : 217 pages
File Size : 52,6 Mb
Release : 2016
Category : History
ISBN : 9780190252977

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Mr. Mothercountry by Keally D. McBride Pdf

Today, every continent retains elements of the legal code distributed by the British empire. The British empire created a legal footprint along with political, economic, cultural and racial ones. One of the central problems of political theory is the insurmountable gap between ideas and their realization. Keally McBride argues that understanding the presently fraught state of the concept of the rule of law around the globe relies upon understanding how it was first introduced and then practiced through colonial administration--as well as unraveling the ideas and practices of those who instituted it. The astonishing fact of the matter is that for thirty years, between 1814 and 1844, virtually all of the laws in the British Empire were reviewed, approved or discarded by one individual: James Stephen, disparagingly known as "Mr. Mothercountry." Virtually every single act that was passed by a colony made its way to his desk, from a levy to improve sanitation, to an officer's pay, to laws around migration and immigration, and tariffs on products. Stephen, great-grandfather of Virginia Woolf, was an ardent abolitionist, and he saw his role as a legal protector of the most dispossessed. When confronted by acts that could not be overturned by reference to British law that he found objectionable, he would make arguments in the name of the "natural law" of justice and equity. He truly believed that law could be a force for good and equity at the same time that he was frustrated by the existence of laws that he saw as abhorrent. In Mr. Mothercountry, McBride draws on original archival research of the writings of Stephen and his descendants, as well as the Macaulay family, two major lineages of legal administrators in the British colonies, to explore the gap between the ideal of the rule of law and the ways in which it was practiced and enforced. McBride does this to show that there is no way of claiming that law is always a force for good or simply an ideological cover for oppression. It is both. Her ultimate intent is to illuminate the failures of liberal notions of legality in the international sphere and to trace the power disparities and historical trajectories that have accompanied this failure. This book explores the intertwining histories of colonial power and the idea of the rule of law, in both the past and the present, and it asks what the historical legacy of British Colonialism means for how different groups view international law today.

The International Criminal Court at the Mercy of Powerful States

Author : Res Schuerch
Publisher : Springer
Page : 305 pages
File Size : 51,6 Mb
Release : 2017-07-15
Category : Law
ISBN : 9789462651920

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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.

Imperial Gallows

Author : Stacey Hynd
Publisher : Bloomsbury Publishing
Page : 273 pages
File Size : 44,6 Mb
Release : 2023-11-02
Category : History
ISBN : 9781350302655

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Imperial Gallows by Stacey Hynd Pdf

Not just a method of crime control or individual punishment in Britain's African territories, the death penalty was an integral aspect of colonial networks of power and violence. Imperial Gallows analyses capital trials from Kenya, Nyasaland and the Gold Coast to explore the social tensions that fueled murder among colonised populations, and how colonial legal cultures and landscapes of political authority shaped sentencing and mercy. It demonstrates how ideas of race, ethnicity, gender and 'civilization' could both spare and condemn Africans convicted of murder in colonial courts, and also how Africans could either appropriate or resist such colonial legal discourses in their trials and petitions. In this book, Stacey Hynd follows the whole process of capital punishment from the identification of a murder victim to trial and conviction, through the process of mercy and sentencing onto death row and execution. The scandals that erupted over the death penalty, from botched executions and moral panics over ritual murder, to the hanging of anti-colonial rebels for 'terrorist' and emergency offences, provide significant insights into the shifting moral and political economies of colonial violence. This monograph contextualises the death penalty within the wider penal systems and coercive networks of British colonial Africa to highlight the shifting targets of the imperial gallows against rebels, robbers or domestic murderers. Imperial Gallows demonstrates that while hangings were key elements of colonial iconography in British Africa, symbolically loaded events that demonstrated imperial power and authority, they also reveal the limits of that power.

Colonialism in Global Perspective

Author : Kris Manjapra
Publisher : Cambridge University Press
Page : 291 pages
File Size : 50,6 Mb
Release : 2020-05-07
Category : History
ISBN : 9781108425261

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Colonialism in Global Perspective by Kris Manjapra Pdf

A provocative, breath-taking, and concise relational history of colonialism over the past 500 years, from the dawn of the New World to the twenty-first century.

Resisting the Rule of Law in Nineteenth-Century Ceylon

Author : James S. Duncan
Publisher : Routledge
Page : 264 pages
File Size : 52,6 Mb
Release : 2020-06-09
Category : Science
ISBN : 9781000089820

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Resisting the Rule of Law in Nineteenth-Century Ceylon by James S. Duncan Pdf

This book offers in-depth insights on the struggles implementing the rule of law in nineteenth century Ceylon, introduced into the colonies by the British as their “greatest gift.” The book argues that resistance can be understood as a form of negotiation to lessen oppressive colonial conditions, and that the cumulative impact caused continual adjustments to the criminal justice system, weighing it down and distorting it. The tactical use of rule of law is explored within the three bureaucracies: the police, the courts and the prisons. Policing was often “governed at a distance” due to fiscal constraints and economic priorities and the enforcement of law was often delegated to underpaid Ceylonese. Spaces of resistance opened up as Ceylon was largely left to manage its own affairs. Villagers, minor officials, as well as senior British government officials, alternately used or subverted the rule of law to achieve their own goals. In the courts, the imported system lacked political legitimacy and consequently the Ceylonese undermined it by embracing it with false cases and information, in the interests of achieving justice as they saw it. In the prisons, administrators developed numerous biopolitical techniques and medical experiments in order to punish prisoners’ bodies to their absolute lawful limit. This limit was one which prison officials, prisoners, and doctors negotiated continuously over the decades. The book argues that the struggles around rule of law can best be understood not in terms of a dualism of bureaucrats versus the public, but rather as a set of shifting alliances across permeable bureaucratic boundaries. It offers innovative perspectives, comparing the Ceylonese experiences to those of Britain and India, and where appropriate to other European colonies. This book will appeal to those interested in law, history, postcolonial studies, cultural studies, cultural and political geography.

Decolonizing the Criminal Question

Author : Ana Aliverti,Henrique Carvalho,Anastasia Chamberlen,Máximo Sozzo
Publisher : Oxford University Press
Page : 417 pages
File Size : 48,7 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.

Empires and Colonial Incarceration in the Twentieth Century

Author : Philip J. Havik,Helena Pinto Janeiro,Pedro Aires Oliveira,Irene Flunser Pimentel
Publisher : Routledge
Page : 247 pages
File Size : 55,6 Mb
Release : 2021-09-26
Category : History
ISBN : 9781000457735

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Empires and Colonial Incarceration in the Twentieth Century by Philip J. Havik,Helena Pinto Janeiro,Pedro Aires Oliveira,Irene Flunser Pimentel Pdf

This book engages with a controversial issue, namely the establishment of penal colonies and concentration camps in imperial spaces, which have informed ongoing debates on the repressive practices of colonial rule and popular resistance against it. The contributors offer a reassessment of the history of politically motivated incarceration based upon a multi-disciplinary perspective in a global, imperial setting during the twentieth century. The introduction and seven chapters engage with comparative and transnational perspectives on political persecution, forced confinement and colonial rule in British, French, German, Belgian and Portuguese dominions in Africa, Asia, Oceania and Latin America. Addressing political incarceration's global imperial dimensions, they focus upon the organisation, strategies, narratives and practices associated with political internment in Africa (Angola, Tanzania, Rhodesia, South Africa), Latin America (French Guyana) and the Pacific region (New Caledonia). Penal legislation, policies of convict transport and political imprisonment, resettlement, prison regimes, resistance and liberation struggles, counter insurgency, prisoner agency, and prisons as cultural spaces and of memory are discussed here for different time periods from the mid-1800s to the late twentieth century. The chapters build upon the ongoing debate on political incarceration in the empire and the remarkable dynamic scientific research witnessed over the last decades. As a result, they provide novel insights into the nature of legal systems, colonial discourse, memory, racial segregation and persecution, prisoners’ narratives of practices of punishment and incarceration, and human rights abuses in imperial spaces. The chapters in this book were originally published as a special issue of The Journal of Imperial and Commonwealth History. The editors have also written an original conclusion to the present volume.

Southern Criminology

Author : Kerry Carrington,Russell Hogg,John Scott,Máximo Sozzo,Reece Walters
Publisher : Routledge
Page : 208 pages
File Size : 48,9 Mb
Release : 2018-10-08
Category : Electronic
ISBN : 9781351761482

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Southern Criminology by Kerry Carrington,Russell Hogg,John Scott,Máximo Sozzo,Reece Walters Pdf

Criminology has focused mainly on problems of crime and violence in the large population centres of the Global North to the exclusion of the global countryside, peripheries and antipodes. Southern criminology is an innovative new approach that seeks to correct this bias. This book turns the origin stories of criminology, which simply assumed a global universality, on their head. It draws on a range of case studies to illustrate this point: tracing criminology’s long fascination with dangerous masculinities back to Lombroso’s theory of atavism, itself based on an orientalist interpretation of men of colour from the Global South; uncovering criminology’s colonial legacy, perhaps best exemplified by the over-representation of Indigenous peoples in settler societies drawn into the criminal justice system; analysing the ways in which the sociology of punishment literature has also been based on Northern theories, which assume that forms of penalty roll out from the Global North to the rest of the world; and making the case that the harmful effects of eco-crimes and global warming are impacting more significantly on the Global South. The book also explores how the coloniality of gender shapes patterns of violence in the Global South. Southern criminology is not a new sub-discipline within criminology, but rather a journey toward cognitive justice. It promotes a perspective that aims to invent methods and concepts that bridge global divides and enhance the democratisation of knowledge, more befitting of global criminology in the twenty-first century.

Blood, Power, and Bedlam

Author : Christopher W. Mullins,Dawn Rothe
Publisher : Peter Lang
Page : 252 pages
File Size : 44,8 Mb
Release : 2008
Category : Foreign Language Study
ISBN : 0820488410

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Blood, Power, and Bedlam by Christopher W. Mullins,Dawn Rothe Pdf

Blood, Power, and Bedlam examines the etiology of violations of international criminal law in four post-colonial African states. With a particular focus on genocide and crimes against humanity, an integrated theory is produced and historical, political, economic, and structural aspects are explored. The book's main intent is an analysis of the worst crimes humans commit and how, in the cases examined, they arise out of a post-colonial environment. Attention is given to existing or potential applications of international social control.

Empire of Enchantment

Author : John Zubrzycki
Publisher : Oxford University Press, USA
Page : 408 pages
File Size : 49,7 Mb
Release : 2018-10
Category : History
ISBN : 9780190914394

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Empire of Enchantment by John Zubrzycki Pdf

India's association with magicians goes back thousands of years. Conjurors and illusionists dazzled the courts of Hindu maharajas and Mughal emperors. As British dominion spread over the subcontinent, such wonder-workers became synonymous with India. Western magicians appropriated Indian attire, tricks and stage names; switching their turbans for top hats, Indian jugglers fought back and earned their grudging respect. This book tells the extraordinary story of how Indian magic descended from the realm of the gods to become part of daily ritual and popular entertainment across the globe. Recounting tales of levitating Brahmins, resurrections, prophesying monkeys and "the most famous trick never performed," Empire of Enchantment vividly charts Indian magic's epic journey from street to the stage. This heavily illustrated book tells the extraordinary, untold story of how Indian magic descended from the realm of the gods to become part of daily ritual and popular entertainment across the globe. Drawing on ancient religious texts, early travelers' accounts, colonial records, modern visual sources, and magicians' own testimony, Empire of Enchantment is a vibrant narrative of India's magical traditions, from Vedic times to the present day.