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Punishment, Justice and International Relations by Anthony F. Lang Jr. Pdf
This book examines the international political order in the post-Cold War era, arguing that this order has become progressively more punitive. This is seen as resulting from both a human-rights regime that emphasizes legal norms and the aggressive policies of the United States and its allies in the ‘War on Terror’. While punishment can play a key role in creating justice in a political system, serious flaws in the current global order militate against punishment-enforcing global norms. The book argues for the necessary presence of three key concepts - justice, authority and agency - if punishment is to function effectively, and explores four practices in the current international system: intervention, sanctions, counter- terrorism policy, and war crimes tribunals. It concludes by suggesting ways to revise the current global political structure in order to enable punitive practices to play a more central role in creating a just world order. This book will be of much interest to students of International Law, Political Science and International Relations.
Author : Arthur Shuster Publisher : University of Toronto Press Page : 191 pages File Size : 41,8 Mb Release : 2016-01-01 Category : History ISBN : 9781442647282
Punishment and the History of Political Philosophy by Arthur Shuster Pdf
In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.
An incisive look at how evangelical Christians shaped—and were shaped by—the American criminal justice system. America incarcerates on a massive scale. Despite recent reforms, the United States locks up large numbers of people—disproportionately poor and nonwhite—for long periods and offers little opportunity for restoration. Aaron Griffith reveals a key component in the origins of American mass incarceration: evangelical Christianity. Evangelicals in the postwar era made crime concern a major religious issue and found new platforms for shaping public life through punitive politics. Religious leaders like Billy Graham and David Wilkerson mobilized fears of lawbreaking and concern for offenders to sharpen appeals for Christian conversion, setting the stage for evangelicals who began advocating tough-on-crime politics in the 1960s. Building on religious campaigns for public safety earlier in the twentieth century, some preachers and politicians pushed for “law and order,” urging support for harsh sentences and expanded policing. Other evangelicals saw crime as a missionary opportunity, launching innovative ministries that reshaped the practice of religion in prisons. From the 1980s on, evangelicals were instrumental in popularizing criminal justice reform, making it a central cause in the compassionate conservative movement. At every stage in their work, evangelicals framed their efforts as colorblind, which only masked racial inequality in incarceration and delayed real change. Today evangelicals play an ambiguous role in reform, pressing for reduced imprisonment while backing law-and-order politicians. God’s Law and Order shows that we cannot understand the criminal justice system without accounting for evangelicalism’s impact on its historical development.
Author : Willem De Haan Publisher : Taylor & Francis Page : 140 pages File Size : 43,8 Mb Release : 2023-03-08 Category : Social Science ISBN : 9781000819892
First published in 1990, The Politics of Redress is a product of and commentary on significant developments in critical criminology. It shifts the emphasis from the criminologist as a police agent to a fighter for social justice. The author focuses on the role of punishment in society, in general, and in criminology, in particular, urging the reader to reimagine the concept of punishment, especially penal punishment. The arguments addressed in this book range from a comparative analysis of penal policies in various countries to philosophical debates about whether punishment is compatible with a just social order. With the Black Lives Matter movement, the topic of prison abolition has, once again, gripped society’s conscience making this text a vital read for students of law, criminology, sociology, philosophy, and history.
The Political Economy of Punishment Today by Dario Melossi,Máximo Sozzo,José A Brandariz García Pdf
Over the last fifteen years, the analytical field of punishment and society has witnessed an increase of research developing the connection between economic processes and the evolution of penality from different standpoints, focusing particularly on the increase of rates of incarceration in relation to the transformations of neoliberal capitalism. Bringing together leading researchers from diverse geographical contexts, this book reframes the theoretical field of the political economy of punishment, analysing penality within the current economic situation and connecting contemporary penal changes with political and cultural processes. It challenges the traditional and common sense understanding of imprisonment as 'exclusion' and posits a more promising concept of imprisonment as a 'differential' or 'subordinate' form of 'inclusion'. This groundbreaking book will be a key text for scholars who are working in the field of punishment and society as well as reaching a broader audience within law, sociology, economics, criminology and criminal justice studies.
Punishment and Social Structure by Georg Rusche,Otto Kirchheimer Pdf
Why are certain methods of punishment adopted or rejected in a given social situation? To what extent is the development of penal methods determined by basic social relations? The answers to these questions are complex, and go well beyond the thesis that institutionalized punishment is simply for the protection of society. While today's punishment of offenders often incorporates aspects of psychology, psychiatry, and sociology, at one time there was a more pronounced difference in criminal punishment based on class and economics. Punishment and Social Structure originated from an article written by Georg Rusche in 1933 entitled "Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice." Originally published in Germany by the Frankfurt Institute of Social Research, this article became the germ of a theory of criminology that laid the groundwork for all subsequent research in this area. Rusche and Kirchheimer look at crime from an historical perspective, and correlate methods of punishment with both temporal cultural values and economic conditions. The authors classify the history of crime into three primary eras: the early Middle Ages, in which penance and fines were the predominant modes of punishment; the later Middle Ages, in which harsh corporal punishment and capital punishment moved to the forefront; and the seventeenth century, in which the prison system was more fully developed. They also discuss more recent forms of penal practice, most notably under the constraints of a fascist state. The majority of the book was translated from German into English, and then reshaped by Rusche's co-author, Otto Kirchheimer, with whom Rusche actually had little discussion. While the main body of Punishment and Social Structure are Rusche's ideas, Kirchheimer was responsible for bringing the book more up-to-date to include the Nazi and fascist era. Punishment and Social Structure is a pioneering work that sets a paradigm for the study of crime and punishment.
The Illusion of Free Markets by Bernard E. Harcourt Pdf
It is widely believed today that the free market is the best mechanism ever invented to efficiently allocate resources in society. Just as fundamental as faith in the free market is the belief that government has a legitimate and competent role in policing and the punishment arena. This curious incendiary combination of free market efficiency and the Big Brother state has become seemingly obvious, but it hinges on the illusion of a supposedly natural order in the economic realm. The Illusion of Free Markets argues that our faith in “free markets” has severely distorted American politics and punishment practices. Bernard Harcourt traces the birth of the idea of natural order to eighteenth-century economic thought and reveals its gradual evolution through the Chicago School of economics and ultimately into today’s myth of the free market. The modern category of “liberty” emerged in reaction to an earlier, integrated vision of punishment and public economy, known in the eighteenth century as “police.” This development shaped the dominant belief today that competitive markets are inherently efficient and should be sharply demarcated from a government-run penal sphere. This modern vision rests on a simple but devastating illusion. Superimposing the political categories of “freedom” or “discipline” on forms of market organization has the unfortunate effect of obscuring rather than enlightening. It obscures by making both the free market and the prison system seem natural and necessary. In the process, it facilitated the birth of the penitentiary system in the nineteenth century and its ultimate culmination into mass incarceration today.
This re-issue with a new Preface of a classic work by John Hostettler looks at the political and other social dynamics behind law, order and punishment. A timeless work by one of the UK’s leading commentators and now with pointers to key developments in penal politics of the last 20 years. This first paperback version contains a wide-ranging analysis of the topic from Anglo-Saxon times to the present day, including: the impact on punishments of power struggles, wealth, superstition, class distinctions, populist ideas, the centrality for many years of the death penalty, modern-day ideas of rehabilitation but above all the underlying threads of social control, law and order and political signals about crime. A classic work and a collector’s item which looks at the genesis and purposes of punishment. Shows how punishment, power differences, social control and (sometimes suspect) economics and politics have always been intertwined. A must for practitioners and students in this field. ‘This splendid book…reveals in all its starkness the close connexion between the inhumanities of punishment and the political interests of the State’—Justice of the Peace. ‘Starts with a delightful description of Anglo-Saxon criminal law and punishment, and travels fast forwards…A colourful entertainment’—Criminal Behaviour and Mental Health. ‘Well researched, knowledgeable…a good read’—Litigation. ‘First class reading’—Police Journal. ‘Takes us on a breathless tour d’horizon of the history of judicial punishment, a thousand years in a hundred pages, before slowing down to examine more closely the reforms of the nineteenth and twentieth centuries’—The Magistrate
Labour has embarked upon a root and branch remaking of the criminal justice system in England and Wales, with a mass of new legislation implemented or planned. It has ensured a continuously high profile for criminal justice issues, and they have been at the centre of wider political discourse. Yet the basis and evidence on which these reforms are being introduced is both uncertain and highly controversial. Despite spending tens of millions of pounds of research into the criminal justice system in the name of evidence-based policy, evidence has counted only in relation to lowlevel technocratic issues. On the big issues the clear weight of evidence points in opposite directions to those which the government has taken. The primary drivers of recent policies have rather been the emulation of recent USA policies (at a time when these are now being abandoned in the USA because they have been shown to be ineffective); and a media-driven agenda with a focus on conspicuous crime prevention which have had the effect of heightening rather than assuaging public fears and concerns. This provocative yet authoritative book seeks to expose and to unravel what has really driven the making of criminal justice policy in the UK. It will be essential reading for anybody interested in knowing what is going on in criminal justice, and why it is so central to political debate more generally.
The growth of mass incarceration in the United States eludes neat categorization as a product of the political Right. Liberals played important roles in both laying the foundation for and then participating in the conservative tough-on-crime movement that is largely credited with the rise of the prison state. But can progressive polities, with their benevolent intentions, nevertheless contribute to the expansion of mass incarceration? In Progressive Punishment, Judah Schept offers an ethnographic examination into that liberal discourses about therapeutic justice and rehabilitation can uphold the logic, practices, and institutions that comprise the carceral state. Schept examines how political leaders on the Left, despite being critical of mass incarceration, advocated for a "justice campus" that would have dramatically expanded the local criminal justice system. At the root of this proposal, Schept argues, is a confluence of neoliberal-style changes in the community that naturalized prison expansion as political common sense for a community negotiating deindustrialization, urban decline, and the devolution of social welfare. While the proposal gained momentum, local activists worked to disrupt the logic of expansion and instead offer alternatives to reduce community reliance on incarceration. A well-researched and well-narrated study, Progressive Punishment provides an important and novel perspective on the relationship between liberal politics, neoliberalism, and mass incarceration. -- from back cover.
Author : Roger Matthews,Jock Young Publisher : Taylor & Francis Page : 274 pages File Size : 48,7 Mb Release : 2003 Category : Law ISBN : 9781903240922
The New Politics of Crime and Punishment by Roger Matthews,Jock Young Pdf
The underlying theme of the book is that a qualitative change has taken place in the politics of crime control in the UK since the early 1990s. It provides an overview of recent government initiatives in the field of crime and punishment, reviewing both the policies themselves, the perceived problems and issues they seek to address, and the broader social and political context in which this is taking place.
"State Punishment" presents a new approach to the question of the moral justification of punishment by the state. Nicola Lacey focuses on the theory of punishment in the context of other political questions such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, Lacey puts forward a theory of punishments which places the values of the community at its center.