The Dual Penal State

Author : Markus D. Dubber
Publisher : Oxford University Press
Page : 320 pages
File Size : 50,8 Mb
Release : 2018-08-23
Category : Law
ISBN : 9780191061776

Get Book

The Dual Penal State by Markus D. Dubber Pdf

In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.

Author : Markus Dirk Dubber
Publisher : Unknown
Page : 128 pages
File Size : 41,5 Mb
Release : 2018
Category : Criminal justice, Administration of
ISBN : 0191805750

Get Book

The Dual Penal State by Markus Dirk Dubber Pdf

This text provides an accessible introduction to the theoretical frameworks of the dual penal state. Taking an issue-led approach, the study locates criminal law in its analytic, comparative, historical, and doctrinal contexts, and aims to stimulate critical reflection beyond the constraints of a particular jurisdiction.

Author : Markus D. Dubber
Publisher : Oxford University Press
Page : 320 pages
File Size : 44,7 Mb
Release : 2018-09-04
Category : Law
ISBN : 9780191061783

Get Book

The Dual Penal State by Markus D. Dubber Pdf

In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.

Author : Darryl K. Brown,Jenia Iontcheva Turner,Bettina Weisser
Publisher : Oxford University Press
Page : 952 pages
File Size : 54,5 Mb
Release : 2019-02-22
Category : Law
ISBN : 9780190659868

Get Book

The Oxford Handbook of Criminal Process by Darryl K. Brown,Jenia Iontcheva Turner,Bettina Weisser Pdf

The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Author : Markus Dirk Dubber
Publisher : Oxford University Press, USA
Page : 250 pages
File Size : 44,7 Mb
Release : 2015
Category : Law
ISBN : 9780190243050

Get Book

An Introduction to the Model Penal Code by Markus Dirk Dubber Pdf

In the second edition of his introductory overview of the Model Penal Code (now titled 'An Introduction to the Model Penal Code'), Markus Dubber retains the book's original aim, approach, and structure as a companion to the Code. Reflecting the Code's attempt to present an accessible, comprehensive, and systematic account of American criminal law, this book unlocks the Code's potential as a key to American criminal law for law students and teachers, and for anyone else with an interest in getting a sense of the basic contours of American criminal law.

Author : Peter Baldwin
Publisher : MIT Press
Page : 475 pages
File Size : 44,7 Mb
Release : 2023-05-02
Category : Political Science
ISBN : 9780262546027

Get Book

Command and Persuade by Peter Baldwin Pdf

Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.

Author : Michel Foucault
Publisher : Vintage
Page : 354 pages
File Size : 51,8 Mb
Release : 2012-04-18
Category : Social Science
ISBN : 9780307819291

Get Book

Discipline and Punish by Michel Foucault Pdf

A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.

Author : Nancy A. Heitzeg
Publisher : Bloomsbury Publishing USA
Page : 193 pages
File Size : 50,6 Mb
Release : 2016-04-11
Category : Social Science
ISBN : 9781440831126

Get Book

The School-to-Prison Pipeline by Nancy A. Heitzeg Pdf

This book offers a research and comparison-driven look at the school-to-prison pipeline, its racial dynamics, the connections to mass incarceration, and our flawed educational climate—and suggests practical remedies for change. How is racism perpetuated by the education system, particularly via the "school-to-prison pipeline?" How is the school to prison pipeline intrinsically connected to the larger context of the prison industrial complex as well as the extensive and ongoing criminalization of youth of color? This book uniquely describes the system of policies and practices that racialize criminalization by routing youth of color out of school and towards prison via the school-to-prison pipeline while simultaneously medicalizing white youth for comparable behaviors. This work is the first to consider and link all of the research and data from a sociological perspective, using this information to locate racism in our educational systems; describe the rise of the so-called prison industrial complex; spotlight the concomitant expansion of the "medical-industrial complex" as an alternative for controlling the white and well-off, both adult and juveniles; and explore the significance of media in furthering the white racial frame that typically views people of color as "criminals" as an automatic response. The author also examines the racial dynamics of the school to prison pipeline as documented by rates of suspension, expulsion, and referrals to legal systems and sheds light on the comparative dynamics of the related educational social control of white and middle-class youth in the larger context of society as a whole.

Author : Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez
Publisher : Unknown
Page : 128 pages
File Size : 45,9 Mb
Release : 2019
Category : Electronic
ISBN : 1636350682

Get Book

SOU-CCJ230 Introduction to the American Criminal Justice System by Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez Pdf

Author : Douglas Husak
Publisher : Oxford University Press
Page : 248 pages
File Size : 47,8 Mb
Release : 2008-01-08
Category : Law
ISBN : 0198043996

Get Book

Overcriminalization by Douglas Husak Pdf

The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

Author : Jackie Wang
Publisher : MIT Press
Page : 361 pages
File Size : 48,8 Mb
Release : 2018-03-02
Category : Political Science
ISBN : 9781635900354

Get Book

Carceral Capitalism by Jackie Wang Pdf

Essays on the contemporary continuum of incarceration: the biopolitics of juvenile delinquency, predatory policing, the political economy of fees and fines, and algorithmic policing. What we see happening in Ferguson and other cities around the country is not the creation of livable spaces, but the creation of living hells. When people are trapped in a cycle of debt it also can affect their subjectivity and how they temporally inhabit the world by making it difficult for them to imagine and plan for the future. What psychic toll does this have on residents? How does it feel to be routinely dehumanized and exploited by the police? —from Carceral Capitalism In this collection of essays in Semiotext(e)'s Intervention series, Jackie Wang examines the contemporary incarceration techniques that have emerged since the 1990s. The essays illustrate various aspects of the carceral continuum, including the biopolitics of juvenile delinquency, predatory policing, the political economy of fees and fines, cybernetic governance, and algorithmic policing. Included in this volume is Wang's influential critique of liberal anti-racist politics, “Against Innocence,” as well as essays on RoboCop, techno-policing, and the aesthetic problem of making invisible forms of power legible. Wang shows that the new racial capitalism begins with parasitic governance and predatory lending that extends credit only to dispossess later. Predatory lending has a decidedly spatial character and exists in many forms, including subprime mortgage loans, student loans for sham for-profit colleges, car loans, rent-to-own scams, payday loans, and bail bond loans. Parasitic governance, Wang argues, operates through five primary techniques: financial states of exception, automation, extraction and looting, confinement, and gratuitous violence. While these techniques of governance often involve physical confinement and the state-sanctioned execution of black Americans, new carceral modes have blurred the distinction between the inside and outside of prison. As technologies of control are perfected, carcerality tends to bleed into society.

Author : Antje du Bois-Pedain,Shachar Eldar
Publisher : Bloomsbury Publishing
Page : 347 pages
File Size : 45,9 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781509959150

Get Book

Re-Reading Beccaria by Antje du Bois-Pedain,Shachar Eldar Pdf

Cesare Beccaria's slim 1764 volume On Crimes and Punishments influenced policy developments worldwide and over decades, if not centuries, after its publication. For those who turn to Beccaria's work today, the encounter is shaped by that knowledge. Appreciative of On Crimes and Punishments' dual nature as historical document and repository of ideas, the contributions in this collection address different aspects of the criminal justice theory Beccaria offered his readers and face up to methodological questions raised by meeting a historical text of this kind – unsystematic and by modern standards often under-argued – with modern scholarly conventions in mind. Contributions in the first part of the book engage with Beccaria's political theory of criminal justice through the lenses of political and penal philosophy, considering how Beccaria's blending of social-contractarian foundations and proto-utilitarian policy analysis interlinks with the concrete set of criminal justice practices Beccaria presents as justified. This leads on to the second part where contributors approach Beccaria's ideas with present-day reforms and developments in mind. Many of his policy proposals and arguments remain significant from our contemporary perspective, their limitations and omissions proving as instructive for the contemporary scholar as their more prescient elements. The third part offers those looking at Beccaria's work today a glimpse into the practical difficulties facing the firebrand author turned public servant during his long career in the Habsburg-Lombardian administration. It puts his work into the broader context of pathways to criminal justice reform in northern Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in Beccaria's day.

Author : Ashley T. Rubin
Publisher : Cambridge University Press
Page : 413 pages
File Size : 42,7 Mb
Release : 2021-02-04
Category : History
ISBN : 9781108484947

Get Book

The Deviant Prison by Ashley T. Rubin Pdf

A compelling examination of the highly criticized use of long-term solitary confinement in Philadelphia's Eastern State Penitentiary during the nineteenth century.

Author : Gabriel Tarde,Gabriel de Tarde
Publisher : Transaction Publishers
Page : 624 pages
File Size : 48,6 Mb
Release : 1912
Category : Philosophy
ISBN : 1412830621

Get Book

Penal Philosophy by Gabriel Tarde,Gabriel de Tarde Pdf

Tarde constructs a sociological explanantion of crime in which the individual is ultimately the principal actor, and suggests forms of penalty whose principles avoided the determinist implications of positivism. The book should be of interest to students of criminology, jurisprudence and sociology.

Author : Vanessa Barker
Publisher : Routledge
Page : 168 pages
File Size : 55,8 Mb
Release : 2017-11-08
Category : Social Science
ISBN : 9781351980142

Get Book

Nordic Nationalism and Penal Order by Vanessa Barker Pdf

In late summer 2015, Sweden embarked on one of the largest self-described humanitarian efforts in its history, opening its borders to 163,000 asylum seekers fleeing the war in Syria. Six months later this massive effort was over. On January 4, 2016, Sweden closed its border with Denmark. This closure makes a startling reversal of Sweden’s open borders to refugees and contravenes free movement in the Schengen Area, a founding principle of the European Union. What happened? This book sets out to explain this reversal. In her new and compelling book, Vanessa Barker explores the Swedish case study to challenge several key paradigms for understanding penal order in the twenty-first century and makes an important contribution to our understanding of punishment and welfare states. She questions the dominance of neoliberalism and political economy as the main explanation for the penalization of others, migrants and foreign nationals, and develops an alternative theoretical framework based on the internal logic of the welfare state and democratic theory about citizenship, incorporation, and difference, paying particular attention to questions of belonging, worthiness, and ethnic and gender hierarchies. Her book develops the concept of penal nationalism as an important form of penal power in the twenty-first century, providing a bridge between border control and punishment studies.