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Author: James Q. Whitman
Publisher: Oxford University Press
ISBN: 0198035314
Category : Social Science
Languages : en
Pages : 322
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Book Description
Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.
Author: James Q. Whitman
Publisher: Oxford University Press
ISBN: 0198035314
Category : Social Science
Languages : en
Pages : 322
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Book Description
Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.
Author: James Samuel Logan
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802863248
Category : Religion
Languages : en
Pages : 272
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Book Description
The author critiques the American obsession with imprisonment as punishment, calling it "retributive degradation" of the incarcerated. His analysis draws on both salient empirical data and material from a variety of disciplines - social history, anthropology, law and penal theory, philosophy of religion - as he uncovers the devastating social consequences (both direct and collateral) of imprisonment on such a large, unprecedented scale. The book develops a Christian social ethics of "good punishment" embodied as a politics of "healing memories" and "ontological intimacy"
Author: Deborah Drake
Publisher: Routledge
ISBN: 113584691X
Category : Social Science
Languages : en
Pages : 282
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Book Description
Criminal Justice: Local and Global and its sister text Crime: Local and Global are two new teaching texts that aim to equip the reader with a critical understanding of the globally contested nature of 'crime' and'justice'. Through an examination of key concepts and criminological approaches, the books illuminate the different ways in which crime is constructed, conceived and controlled. International case studies are used to demonstrate how 'crime' and 'justice' are historically and geographically located in terms of the global/local context, and how processes of criminalisation and punishment are mediated in contemporary societies. Criminal Justice: Local and Global covers the way the 'local' can be widened out to look at international, transnational and supranational aspects of justice. This means that issues such as corporate crime and human rights can be discussed in a comparative and critical way, examining the possibility, for example of an International Criminal Court, cross-national jurisdictions of regulation and control (such as Interpol) and so on. Each chapter covers a different area of regulation, punishment and process. Unlike previous texts, the book's approach will be an innovative approach to widen 'justice' to encompass considerations beyond simple, local jurisdictions. The book will take instances of 'justice' in one jurisdiction and use global examples to illustrate how ambiguous the concept of 'justice' can be.
Author: Marie Gottschalk
Publisher: Princeton University Press
ISBN: 1400880815
Category : Political Science
Languages : en
Pages : 504
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Book Description
A major reappraisal of crime and punishment in America The huge prison buildup of the past four decades has few defenders, yet reforms to reduce the numbers of those incarcerated have been remarkably modest. Meanwhile, an ever-widening carceral state has sprouted in the shadows, extending its reach far beyond the prison gate. It sunders families and communities and reworks conceptions of democracy, rights, and citizenship—posing a formidable political and social challenge. In Caught, Marie Gottschalk examines why the carceral state remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies—one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism. With a new preface evaluating the effectiveness of recent proposals to reform mass incarceration, Caught offers a bracing appraisal of the politics of penal reform.
Author: Randall G. Shelden
Publisher: Waveland Press
ISBN: 1478610182
Category : Social Science
Languages : en
Pages : 265
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Book Description
This brand new text identifies the macroeconomic forces relevant to imprisonmentpoverty and political powerlessnessand explores viable and humane alternatives to our current incarceration binge.
Author: Anthony Grasso
Publisher: University of Chicago Press
ISBN: 0226835588
Category : Political Science
Languages : en
Pages : 358
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Book Description
A far-reaching examination of how America came to treat street and corporate crime so differently. While America incarcerates its most marginalized citizens at an unparalleled rate, the nation has never developed the capacity to consistently prosecute corporate wrongdoing. Dual Justice unearths the intertwined histories of these two phenomena and reveals that they constitute more than just modern hypocrisy. By examining the carceral and regulatory states’ evolutions from 1870 through today, Anthony Grasso shows that America’s divergent approaches to street and corporate crime share common, self-reinforcing origins. During the Progressive Era, scholars and lawmakers championed naturalized theories of human difference to justify instituting punitive measures for poor offenders and regulatory controls for corporate lawbreakers. These ideas laid the foundation for dual justice systems: criminal justice institutions harshly governing street crime and regulatory institutions governing corporate misconduct. Since then, criminal justice and regulatory institutions have developed in tandem to reinforce politically constructed understandings about who counts as a criminal. Grasso analyzes the intellectual history, policy debates, and state and federal institutional reforms that consolidated these ideas, along with their racial and class biases, into America’s legal system.
Author: Dennis Sullivan
Publisher: Routledge
ISBN: 1134260784
Category : Social Science
Languages : en
Pages : 860
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Book Description
Handbook of Restorative Justice is a collection of original, cutting-edge essays that offer an insightful and critical assessment of the theory, principles and practices of restorative justice around the globe. This much-awaited volume is a response to the cry of students, scholars and practitioners of restorative justice, for a comprehensive resource about a practice that is radically transforming the way the human community responds to loss, trauma and harm. Its diverse essays not only explore the various methods of responding nonviolently to harms-done by persons, groups, global corporations and nation-states, but also examine the dimensions of restorative justice in relation to criminology, victimology, traumatology and feminist studies. In addition. They contain prescriptions for how communities might re-structure their family, school and workplace life according to restorative values. This Handbook is an essential tool for every serious student of criminal, social and restorative justice.
Author: David C Brotherton
Publisher: Springer Science & Business Media
ISBN: 1461466482
Category : Social Science
Languages : en
Pages : 305
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Book Description
Outside Justice: Undocumented Immigrants and the Criminal Justice System fills a clear gap in the scholarly literature on the increasing conceptual overlap between popular perceptions of immigration and criminality, and its reflection in the increasing practical overlap between criminal justice and immigration control systems. Drawing on data from the United States and other nations, scholars from a range of academic disciplines examine the impact of these trends on the institutions, communities, and individuals that are experiencing them. Individual entries address criminal victimization and labor exploitation of undocumented immigrant communities, the effects of parental detention and deportation on children remaining in destination countries, relations between immigrant communities and law enforcement agencies, and the responses of law enforcement agencies to drastic changes in immigration policy, among other topics. Taken as a whole, these essays chart the ongoing progression of social forces that will determine the well-being of Western democracies throughout the 21st century. In doing so, they set forth a research agenda for reexamining and challenging the goals of converging criminal justice and immigration control policy, and raise a number of carefully considered, ethical alternatives to the contemporary policy status quo.Contemporary immigration is the focus of highly charged rhetoric and policy innovation, both attempting to define the movement of people across national borders as fundamentally an issue of criminal justice. This realignment has had profound effects on criminal justice policy and practice and immigration control alike, and raises far-reaching implications for social inclusion, labor economies, community cohesion, and a host of other areas of immediate interest to social science researchers and practitioners.
Author: Albert W. Dzur
Publisher: Oxford University Press
ISBN: 0199874093
Category : Law
Languages : en
Pages : 232
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Book Description
Focusing democratic theory on the pressing issue of punishment, this book argues for participatory institutional designs as antidotes to the American penal state.
Author: Alan L. Mittleman
Publisher: Princeton University Press
ISBN: 0691271089
Category : Religion
Languages : en
Pages : 240
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Book Description
A philosophical case against religious violence We live in an age beset by religiously inspired violence. Terms such as “holy war” are the stock-in-trade of the evening news. But what is the relationship between holiness and violence? Can acts such as murder ever truly be described as holy? In Does Judaism Condone Violence?, Alan Mittleman offers a searching philosophical investigation of such questions in the Jewish tradition. Jewish texts feature episodes of divinely inspired violence, and the position of the Jews as God’s chosen people has been invoked to justify violent acts today. Are these justifications valid? Or does our understanding of the holy entail an ethic that argues against violence? Reconstructing the concept of the holy through a philosophical examination of biblical texts, Mittleman finds that the holy and the good are inextricably linked, and that our experience of holiness is authenticated through its moral consequences. Our understanding of the holy develops through reflection on God’s creation of the natural world, and our values emerge through our relations with that world. Ultimately, Mittleman concludes, religious justifications for violence cannot be sustained. Lucid and incisive, Does Judaism Condone Violence? is a powerful counterargument to those who claim that the holy is irrational and amoral. With philosophical implications that extend far beyond the Jewish tradition, this book should be read by anyone concerned about the troubling connection between holiness and violence.
