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Regulation, Crime and Freedom by John Braithwaite Pdf
This title was first published in 2000: John Braithwaite is a distinguished criminologist with an international reputation in the study of regulation and globalization. This collection contains his most important and influential essays in criminal justice and business regulation. It has a substantial introduction explaining the thematization of his work around the design of regulatory systems to maximize freedoms as non-domination.
Macrocriminology and Freedom by John Braithwaite Pdf
How can power over others be transformed to ‘power with’? It is possible to transform many institutions to build societies with less predation and more freedom. These stretch from families and institutions of gender to the United Nations. Some societies, times and places have crime rates a hundred times higher than others. Some police forces kill at a hundred times the rate of others. Some criminal corporations kill thousands more than others. Micro variables fail to explain these patterns. Prevention principles for that challenge are macrocriminological. Freedom is conceived in a republican way as non-domination. Tempering domination prevents crime; crime prevention reduces domination. Many believe a high crime rate is a price of freedom. Not Braithwaite. His principles of crime control are to build freedom, temper power, lift people from poverty and reduce all forms of domination. Freedom requires a more just normative order. It requires cascading of peace by social movements for non-violence and non-domination. Periods of war, domination and anomie cascade with long lags to elevated crime, violence, inter-generational self-violence and ecocide. Cybercrime today poses risks of anomic nuclear wars. Braithwaite’s proposals refine some of criminology’s central theories and sharpen their relevance to all varieties of freedom. They can be reduced to one sentence. Strengthen freedom to prevent crime, prevent crime to strengthen freedom. ‘A true magnum opus, Macrocriminology and Freedom is a thought provoking and generative book from one of criminology’s intellectual giants. John Braithwaite reaches far and wide across societies, time, and disciplines to advance no less than a theory of how to build a society that simultaneously reduces both domination and crime. His ambitious ideas on cascades of non-dominating collective efficacy and crime prevention, for example, and their connections to social movements and political freedom, go well beyond usual criminological discourse. Chock full of theoretical propositions and bold insights, this a book that will keep criminologists busy for years. Macrocriminology and Freedom should not just be read, but better yet, savoured.’ – Robert J. Sampson, Henry Ford II Professor of the Social Sciences, Harvard University ‘In this majestic theorisation of the relationship between crime and freedom John Braithwaite isolates the unique power of macrocriminology as a lens through which to comprehend and challenge many of the fundamental crises facing our planet. Very few scholars have the breadth and overview to succeed in a mission of this order … Braithwaite does. This extraordinary book is an object lesson for all who seek to understand and resist domination and the crimes of power that flow from it.’ – Penny Green, Professor of Law and Globalisation, Queen Mary University of London ‘For over 40 years, John Braithwaite has been a voice of wisdom, hope and humanity in criminology. This dazzling new book weaves together all the main themes of his influential work, reanimating many of the core concepts of the discipline, as well as incorporating interdisciplinary resources from south and north, east and west, to produce an elegant and ambitious explanatory and normative account of crime as freedom-threatening domination. Decentring criminal justice as the solution to crime, Braithwaite shows that, on a global scale, the aspiration to tackle crimes, ranging from interpersonal violence through corporate crimes to ecocide, lies in the development of freedom-enhancing, power-tempering institutions in the political, economic and social spheres.’ – Nicola Lacey, Professor of Law, Gender and Social Policy, London School of Economics ‘Macrocriminology and Freedom is a criminological epic, an expansive and erudite story that sweeps across history and contexts. The book is frightening in showing how cascading events can produce catastrophes from crime to environmental destruction. But in the end, its message is hopeful, identifying pathways—or “normative rivers”—for guiding freedom from domination and crime. Drawing on his distinguished career, John Braithwaite has bestowed an extraordinary gift—a book, like other masterpieces, that will yield special insights each time we take an excursion through its pages.’ – Francis T. Cullen, Distinguished Research Professor Emeritus, University of Cincinnati ‘In this engaging book John Braithwaite reinvigorates discussions about crime and its control. While advocating a macro approach, the book is punctuated not only with insights and data from smaller-scale studies conducted in a range of jurisdictions, but also with auto-biographical vignettes. The effect creates a deeply personal account of the perils of state, non-state and market violence and authoritarianism and the potential and indeed duty, of criminologists to work towards their reduction, by refocusing their efforts on explaining and tackling crime in its myriad of forms.’ – Mary Bosworth, Professor of Criminology, University of Oxford and Monash University ‘John Braithwaite has had a unique influence on criminology globally. In this encyclopaedic text he synthesises a wealth of criminological knowledge, particularly in the sphere of anomie theory, into broader debates about the nature of domination and freedom in contemporary society. He defends the relevance of criminological theory, while urging criminology to be activist rather than reactive and technocratic, counter-hegemonic rather than neutral. Not for the first time, John Braithwaite has challenged criminologists to construct theories that cut across micro and macro structures. This book will stir debate. It deserves a broad readership.’ – Harry Blagg, Professor of Criminology, University of Western Australia
Regulation and Criminal Justice by Hannah Quirk,Toby Seddon,Graham Smith Pdf
While regulatory institutions and strategies have been the subject of increasing academic attention, there has been limited application of regulatory theories to criminal justice scholarship. This collection of essays from a range of outstanding international scholars adopts a critical, inter-disciplinary approach, providing an innovative application of regulatory theory to the practice of criminal justice and offering suggestions for further research. Part I explores the aims and values of criminal justice and other regulatory networks and the synergies and tensions between these fields; Part II examines criminal justice as a regulatory force to control 'deviant' and anti-social behaviour and Part III examines the regulation and oversight of criminal justice through the operation of prison inspectorates and explores notions of responsive justice.
Author : Jean-Marie Fecteau Publisher : Studies on the History of Quebec/Etudes d'histoire du Quebec Page : 0 pages File Size : 55,9 Mb Release : 2017 Category : Crime ISBN : 077354948X
At the turn of the nineteenth century, the recognition that individual and collective freedom lay at the foundation of the social order held out the hope for a more or less definitive solution to the problems of poverty and crime. But, in Quebec as elsewhere, the aspirations associated with the transition to democracy and "liberalism" rapidly gave way to a bourgeois ideology where the poor were held personally responsible for their sad plight - since they were free, their poverty was allegedly their own fault. Jean-Marie Fecteau analyzes this complex history and the ways in which it was influenced by both the specific conditions of Quebec's political context and the overarching issues raised by the transition to liberal democracy in the West. The Pauper's Freedom is a connected history that offers a profound renewal of the sociopolitical history of the nineteenth century. Fecteau takes an original approach to the role played by the province's institutions - including the state and the Catholic Church - and details the liberal mode of regulation that was then spreading throughout the western world. In addition to offering a penetrating discussion of the history of the regulation of crime and poverty, The Pauper's Freedom also engages in an ambitious consideration of the global history of liberalism as a new relationship to the world - a relationship that continues to shape our lives.
Crime, Shame and Reintegration by John Braithwaite Pdf
Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
"This volume brings together key articles in the burgeoning field of regulation. The collection is interdisciplinary, in keeping with study of regulation itself, yet the book arranges and explores these articles to make the bewildering array of issues and concepts that comprise the study of regulation comprehensible to a criminological audience. It will be of interest to all scholars and students of criminology and criminal justice, as well as those concerned with reducing the crimes and harms of the powerful."--Provided by publisher.
Restorative Justice & Responsive Regulation by John Braithwaite Pdf
Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.
Governing Delinquency Through Freedom by Géraldine Bugnon Pdf
This book analyses the non-custodial government of young offenders in two major cities in Brazil. In doing so, it delves into the paradox of an institution exerting control over youths while at the same time promoting their autonomy and responsibility. The study sheds light on the specific logics of power, control, and inequality produced by such institutional settings. The book's analysis is based on an ethnographic study of 'Assisted Freedom' (Liberdade Assistida) - a form of probation - in the Brazilian cities of Rio de Janeiro and Belo Horizonte. This particular context - which is characterized by endemic violent crime, on the one hand, and a highly protective juvenile justice system, on the other - sheds productive light on the contradictions of juvenile justice systems and other public policies based on the values of citizenship, autonomy, and responsibilization. The analysis takes the form of an inverted zoom structure: it begins by looking at cognitive and interactional processes at the level of interpersonal relationships between youths and professionals, and then works its way up to examine ties outside the institution itself, with schools, the labour market, and juvenile courts. Written in a clear and direct style this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about non-custodial measures and the regulation of juvenile delinquency.
Media Freedom and Contempt of Court by Eric Barendt Pdf
The essays discuss the restrictions imposed by contempt of court and other laws on media freedom to attend and report legal proceedings. Part I contains leading articles on the open justice principle. They examine the extent to which departures from that principle should be allowed to protect the rights of parties, in particular the accused in criminal proceedings, to a fair trial, and their interest in being rehabilitated in society after proceedings have been concluded. The essays in Part II examine the topical issue of whether open justice entails a right to film and broadcast legal proceedings. The articles in Part III are concerned with the application of contempt of court to prejudicial media publicity; they discuss whether it is possible to prevent prejudice without sacrificing media freedom. Another aspect of media freedom and contempt of court is canvassed in Part IV: whether journalists should enjoy a privilege not to reveal their sources of information.
Criminal Justice: A Very Short Introduction by Julian V. Roberts Pdf
The criminal justice system is wide ranging; from the crimes themselves and policing to the sentencing of offenders and prisons. In this Very Short Introduction Julian V. Roberts draws upon the latest research and current practices from a number of different countries around the world. Focusing on the adversarial model of justice found in common law countries such as the United States, United Kingdom, Canada, and Australia, he discusses topics such as the uses of imprisonment, the effects of capital punishment, and the purposes of sentencing. Considering the role of the victim throughout the criminal justice system, as well as public knowledge and attitudes towards criminal justice, Roberts critically assesses the way in which the system functions and its importance around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Responsive Regulation by Ian Ayres,John Braithwaite Pdf
This book transcends current debate on government regulation by lucidly outlining how regulations can be a fruitful combination of persuasion and sanctions. The regulation of business by the United States government is often ineffective despite being more adversarial in tone than in other nations. The authors draw on both empirical studies of regulation from around the world and modern game theory to illustrate innovative solutions to this problem. Their ideas include an argument for the empowerment of private and public interest groups in the regulatory process and a provocative discussion of how the government can support and encourage industry self-regulation.
Policing the Open Road examines how the rise of the car, that symbol of American personal freedom, inadvertently led to ever more intrusive policing--with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile transformed American freedom in radical ways, leading us to accept--and expect--pervasive police power. As Policing the Open Road makes clear, this expectation has had far-reaching political and legal consequences.--
