Penal Theories and Institutions

Penal Theories and Institutions PDF Author: Michel Foucault
Publisher: Springer Nature
ISBN: 3319992929
Category : Philosophy
Languages : en
Pages : 338

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Book Description
“What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates (even if they had to be simple mediators or arbitrators). What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in which one confronts one another, the way in which one struggles. The rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish (1975) and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt (1639-1640) and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures (Lectures on the Will to Know) and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France (the first volume of which was published in 1997).

Penal Theories and Institutions

Penal Theories and Institutions PDF Author: Michel Foucault
Publisher: Springer Nature
ISBN: 3319992929
Category : Philosophy
Languages : en
Pages : 338

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Book Description
“What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates (even if they had to be simple mediators or arbitrators). What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in which one confronts one another, the way in which one struggles. The rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish (1975) and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt (1639-1640) and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures (Lectures on the Will to Know) and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France (the first volume of which was published in 1997).

Discipline and Punish

Discipline and Punish PDF Author: Michel Foucault
Publisher: Vintage
ISBN: 0307819299
Category : Social Science
Languages : en
Pages : 354

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Book Description
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.

The Punitive Society

The Punitive Society PDF Author: Michel Foucault
Publisher: Picador
ISBN: 1250183936
Category : Philosophy
Languages : en
Pages : 347

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Book Description
These thirteen lectures on the 'punitive society,' delivered at the Collège de France in the first three months of 1973, examine the way in which the relations between justice and truth that govern modern penal law were forged, and question what links them to the emergence of a new punitive regime that still dominates contemporary society. Praise for Foucault's Lectures at the Collège de France Series “Ideas spark off nearly every page...The words may have been spoken in [the 1970s], but they seem as alive and relevant as if they had been written yesterday.”—Bookforum “Foucault is quite central to our sense of where we are...[He] is carrying out, in the noblest way, the promiscuous aim of true culture.”—The Nation “[Foucault] has an alert and sensitive mind that can ignore the familiar surfaces of established intellectual coded and ask new questions...[He] gives dramatic quality to the movement of culture.”—The New York Review of Books

Punishment and Modern Society

Punishment and Modern Society PDF Author: David Garland
Publisher: University of Chicago Press
ISBN: 0226922502
Category : Law
Languages : en
Pages : 321

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Book Description
In this path-breaking book, David Garland argues that punishment is a complex social institution that affects both social relations and cultural meanings. Drawing on theorists from Durkheim to Foucault, he insightfully critiques the entire spectrum of social thought concerning punishment, and reworks it into a new interpretive synthesis. "Punishment and Modern Society is an outstanding delineation of the sociology of punishment. At last the process that is surely the heart and soul of criminology, and perhaps of sociology as well—punishment—has been rescued from the fringes of these 'disciplines'. . . . This book is a first-class piece of scholarship."—Graeme Newman, Contemporary Sociology "Garland's treatment of the theorists he draws upon is erudite, faithful and constructive. . . . Punishment and Modern Society is a magnificent example of working social theory."—John R. Sutton, American Journal of Sociology "Punishment and Modern Society lifts contemporary penal issues from the mundane and narrow contours within which they are so often discussed and relocates them at the forefront of public policy. . . . This book will become a landmark study."—Andrew Rutherford, Legal Studies "This is a superbly intelligent study. Its comprehensive coverage makes it a genuine review of the field. Its scholarship and incisiveness of judgment will make it a constant reference work for the initiated, and its concluding theoretical synthesis will make it a challenge and inspiration for those undertaking research and writing on the subject. As a state-of-the-art account it is unlikely to be bettered for many a year."—Rod Morgan, British Journal of Criminology Winner of both the Outstanding Scholarship Award of the Crime and Delinquency Division of the Society for the Study of Social Problems and the Distinguished Scholar Award from the American Sociological Association's Crime, Law, and Deviance Section

Penal Theory and Practice

Penal Theory and Practice PDF Author: Antony Duff
Publisher: St. Martin's Press
ISBN:
Category : Social Science
Languages : en
Pages : 336

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Book Description
This book offers a transatlantic, interdisciplinary perspective on the crisis in penal policy facing the governments of both Britain and the United States. Some of the issues addressed include: sentencing guidelines; the organization of prisons and their function; the use of non-custodial sentences and informal justice; and women and the criminal justice system. The contributors include criminologists, sociologists, lawyers and philosophers, judges, civil servants involved with penal policy, and those with practical experience in prisons and in other aspects of penal practice and reform.

Understanding Justice

Understanding Justice PDF Author: Barbara Hudson
Publisher: McGraw-Hill Education (UK)
ISBN: 0335225810
Category : Social Science
Languages : en
Pages : 232

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Book Description
* Why should offenders be punished - what should punishments be designed to achieve? * Why has imprisonment become the normal punishment for crime in modern industrial societies? * What is the relationship between theories of punishment and the actual penalties inflicted on offenders? This revised and updated edition of a highly successful text provides a comprehensive account of the ideas and controversies that have arisen within law, philosophy, sociology and criminology about the punishment of criminals. Written in a clear, accessible style, it summarises major philosophical ideas - retribution, rehabilitation, incapacitation - and discusses their strengths and weaknesses. This new edition has been updated throughout including, for example, a new section on recent cultural studies of punishment and on the phenomenon of mass imprisonment that has emerged in the United States. This second edition includes a new chapter on restorative justice, which has developed considerably in theory and in practice since the publication of the first edition. The sociological perspectives of Durkheim, the Marxists, Foucault and their contemporary followers are analysed and assessed. A section on the criminological perspective on punishment looks at the influence of theory on penal policy, and at the impact of penal ideologies on those on whom punishment is inflicted. The contributions of feminist theorists, and the challenges they pose to masculinist accounts of punishment, are included. The concluding chapter presents critiques of the very idea of punishment, and looks at contemporary proposals which could make society's response to crime less dependent on punishment than at present. Understanding Justice has been designed for students from a range of disciplines and is suitable for a variety of crime-related courses in sociology, social policy, law and social work. It will also be useful to professionals in criminal justice agencies and to all those interested in understanding the issues behind public and political debates on punishment.

The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law PDF Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1100

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Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Lectures on the Will to Know

Lectures on the Will to Know PDF Author: M. Foucault
Publisher: Springer
ISBN: 1137044861
Category : Philosophy
Languages : en
Pages : 446

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Book Description
In the first of his annual series of lectures at the Collège de France, Foucault develops a vigorous Nietzschean history of the will to know through an analysis of changing procedures of truth, legal forms, and class struggles in ancient Greece.

Subjectivity and Truth

Subjectivity and Truth PDF Author: Michel Foucault
Publisher: Springer
ISBN: 1349739006
Category : Philosophy
Languages : en
Pages : 331

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Book Description
“The working hypothesis is this: it is true that sexuality as experience is obviously not independent of codes and systems of prohibitions, but it needs to be recalled straightaway that these codes are astonishingly stable, continuous, and slow to change. It needs to be recalled also that the way in which they are observed or transgressed also seems to be very stable and very repetitive. On the other hand, the point of historical mobility, what no doubt change most often, what are most fragile, are modalities of experience.” - Michel Foucault In 1981 Foucault delivered a course of lectures which marked a decisive reorientation in his thought and of the project of a History of Sexuality outlined in 1976. It was in these lectures that arts of living became the focal point around which he developed a new way of thinking about subjectivity. It was also the moment when Foucault problematized a conception of ethics understood as the patient elaboration of a relationship of self to self. It was the study of the sexual experience of the Ancients that made these new conceptual developments possible. Within this framework, Foucault examined medical writings, tracts on marriage, the philosophy of love, or the prognostic value of erotic dreams, for evidence of a structuration of the subject in his relationship to pleasures (aphrodisia) which is prior to the modern construction of a science of sexuality as well as to the Christian fearful obsession with the flesh. What was actually at stake was establishing that the imposition of a scrupulous and interminable hermeneutics of desire was the invention of Christianity. But to do this it was necessary to establish the irreducible specificity of ancient techniques of self. In these lectures, which clearly foreshadow The Use of Pleasures and The Care of Self, Foucault examines the Greek subordination of gender differences to the primacy of an opposition between active and passive, as well as the development by Imperial stoicism of a model of the conjugal bond which advocates unwavering fidelity and shared feelings and which leads to the disqualification of homosexuality.

Of Crimes and Punishments

Of Crimes and Punishments PDF Author: Cesare Bonesana
Publisher: ReadHowYouWant.com
ISBN: 1425029264
Category : Law
Languages : en
Pages : 178

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Book Description