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Punishment: Rhetoric, Rule, and Practice (Routledge Revivals)
by Christopher Harding Richard W. IrelandFirst published in 1989, Punishment examines the practice of punishment, not simply as a typical sanction employed by the state but as a pervasive feature of social organisation in both past and contemporary societies. With depth and rigour, they consider penal practice in a variety of historical and cultural contexts, such as the family, kinship and tribal groupings, small communities, educational institutions, the workplace and the commercial environment, criminal organisations, and the wider international community, as well as that of the state. In this way they widen the scope of the debate about the use of punishment as an instrument of human organisation, presenting different perspectives on the phenomenon of punishment and questioning the boundaries between different disciplines – juridical, philosophical, sociological, psychological and historical – within which the subject has been considered in the past. This book will be of interest to students and teachers of history, sociology, criminology, law, philosophy and psychology.
Punishment: A Legal Thriller
by Linda RockerIt was a day like any other at the West Palm Beach courthouse -- that is until the bomb went off and set the mayhem in motion. Bailiff Casey Portman arrived too late for her morning coffee, but early enough to see the beginning of a series of mishaps, mistakes, and murders that would tie the justice system in knots. At the center of it all is the trial of the decade in her judge's courtroom, a case nicknamed a "Dogicide" for the man charged with murder using his pit bull as a weapon.
Punishment: The gripping international bestseller
by Ferdinand von SchirachA young lawyer puts aside her sense of justice to succeed at her new firm. A man who values silence is driven to murder by his noisy neighbours. A cheated wife seeks revenge.How do you decide what punishment fits the crime?Our narrator is a man you'd never want to meet unless you really needed him. A nameless criminal defence lawyer, he coolly narrates the fate of twelve characters who cross his path. In spare, gripping prose, he tells their stories, uncovering the loneliness and alienation, desire and desperation which drive their choices and shape the consequences they face. Drawn from Ferdinand von Schirach's eminent career as a criminal defence lawyer, Punishment masterfully treads the line between fiction and truth, each meticulously crafted story crackling with white-knuckle suspense and vivid characters who stay with you long after the final page.
Punishment: The gripping international bestseller
by Ferdinand von SchirachA young lawyer puts aside her sense of justice to succeed at her new firm. A man who values silence is driven to murder by his noisy neighbours. A cheated wife seeks revenge.How do you decide what punishment fits the crime?Our narrator is a man you'd never want to meet unless you really needed him. A nameless criminal defence lawyer, he coolly narrates the fate of twelve characters who cross his path. In spare, gripping prose, he tells their stories, uncovering the loneliness and alienation, desire and desperation which drive their choices and shape the consequences they face. Drawn from Ferdinand von Schirach's eminent career as a criminal defence lawyer, Punishment masterfully treads the line between fiction and truth, each meticulously crafted story crackling with white-knuckle suspense and vivid characters who stay with you long after the final page. Translated from the German by Katharina Hall
Punishment and Inclusion: Race, Membership, and the Limits of American Liberalism
by Andrew DiltsAt the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, one in every five adult African Americans cannot vote. Punishment and Inclusion gives a theoretical and historical account of this pernicious practice of felon disenfranchisement, drawing widely on early modern political philosophy, continental and postcolonial political thought, critical race theory, feminist philosophy, disability theory, critical legal studies, and archival research into state constitutional conventions. It demonstrates that the history of felon disenfranchisement, rooted in postslavery restrictions on suffrage and the contemporaneous emergence of the modern “American” penal system, reveals the deep connections between two political institutions often thought to be separate, showing the work of membership done by the criminal punishment system and the work of punishment done by the electoral franchise. Felon disenfranchisement is a symptom of the tension that persists in democratic politics between membership and punishment. This book shows how this tension is managed via the persistence of white supremacy in contemporary regimes of punishment and governance.
Punishment and Inequality in America
by Bruce WesternOver the last thirty years, the prison population in the United States has increased more than seven-fold to over two million people, including vastly disproportionate numbers of minorities and people with little education. For some racial and educational groups, incarceration has become a depressingly regular experience, and prison culture and influence pervade their communities. Almost 60 percent of black male high school drop-outs in their early thirties have spent time in prison. In Punishment and Inequality in America, sociologist Bruce Western explores the recent era of mass incarceration and the serious social and economic consequences it has wrought. Punishment and Inequality in America dispels many of the myths about the relationships among crime, imprisonment, and inequality. While many people support the increase in incarceration because of recent reductions in crime, Western shows that the decrease in crime rates in the 1990s was mostly fueled by growth in city police forces and the pacification of the drug trade. Getting "tough on crime" with longer sentences only explains about 10 percent of the fall in crime, but has come at a significant cost. Punishment and Inequality in America reveals a strong relationship between incarceration and severely dampened economic prospects for former inmates. Western finds that because of their involvement in the penal system, young black men hardly benefited from the economic boom of the 1990s. Those who spent time in prison had much lower wages and employment rates than did similar men without criminal records. The losses from mass incarceration spread to the social sphere as well, leaving one out of ten young black children with a father behind bars by the end of the 1990s, thereby helping perpetuate the damaging cycle of broken families, poverty, and crime. The recent explosion of imprisonment is exacting heavy costs on American society and exacerbating inequality. Whereas college or the military were once the formative institutions in young men's lives, prison has increasingly usurped that role in many communities. Punishment and Inequality in America profiles how the growth in incarceration came about and the toll it is taking on the social and economic fabric of many American communities.
Punishment and Inequality in America
by Bruce WesternOver the last thirty years, the prison population in the United States has increased more than seven-fold to over two million people, including vastly disproportionate numbers of minorities and people with little education. For some racial and educational groups, incarceration has become a depressingly regular experience, and prison culture and influence pervade their communities. Almost 60 percent of black male high school drop-outs in their early thirties have spent time in prison. In Punishment and Inequality in America, sociologist Bruce Western explores the recent era of mass incarceration and the serious social and economic consequences it has wrought. Punishment and Inequality in America dispels many of the myths about the relationships among crime, imprisonment, and inequality. While many people support the increase in incarceration because of recent reductions in crime, Western shows that the decrease in crime rates in the 1990s was mostly fueled by growth in city police forces and the pacification of the drug trade. Getting “tough on crime” with longer sentences only explains about 10 percent of the fall in crime, but has come at a significant cost. Punishment and Inequality in America reveals a strong relationship between incarceration and severely dampened economic prospects for former inmates. Western finds that because of their involvement in the penal system, young black men hardly benefited from the economic boom of the 1990s. Those who spent time in prison had much lower wages and employment rates than did similar men without criminal records. The losses from mass incarceration spread to the social sphere as well, leaving one out of ten young black children with a father behind bars by the end of the 1990s, thereby helping perpetuate the damaging cycle of broken families, poverty, and crime. The recent explosion of imprisonment is exacting heavy costs on American society and exacerbating inequality. Whereas college or the military were once the formative institutions in young men’s lives, prison has increasingly usurped that role in many communities. Punishment and Inequality in America profiles how the growth in incarceration came about and the toll it is taking on the social and economic fabric of many American communities.
Punishment and Madness: Governing Prisoners with Mental Health Problems
by Toby SeddonThe focus of this book is on the government of prisoners with mental health problems in England and Wales over the last twenty-five years. The wider context and backdrop to the book is the shift to 'late modernity', which, since the 1970s has seen massive structural change in most Western societies, affecting the social, economic and cultural spheres, as well as the field of crime and punishment. This book investigates whether these profound transformations have also led to a reconfiguring of responses to mentally vulnerable offenders who end up in prison. Specifically, it explores how this group of prisoners has come to be viewed increasingly as sources of 'risk', requiring 'management' or containment, rather than as people suitable for therapeutic responses. The book draws on primary research carried out by the author, including interviews with key informants involved in the field during this period, such as former cabinet ministers, senior civil servants, campaigners and academics. In conducting this investigation, the author has developed a method of research which combines and synthesizes different forms of analysis to create a novel approach to socio-historical research.
Punishment and Modern Society: A Study in Social Theory (Studies In Crime And Justice Ser.)
by David GarlandIn 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
Punishment and Political Order
by Keally McbrideMost of us think of punishment as an ugly display of power. But punishment also tells us something about the ideals and aspirations of a people and their government. How a state punishes reveals whether or not it is confident in its own legitimacy and sovereignty. Punishment and Political Order examines the questions raised by the state’s exercise of punitive power—from what it is about human psychology that desires sanction and order to how the state can administer pain while calling for justice. Keally McBride's book demonstrates punishment's place at the core of political administration and the stated ideals of the polity.
Punishment and Process in International Criminal Trials (International and Comparative Criminal Justice)
by Ralph HenhamInternational sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.
Punishment and Retribution (Law, Justice And Power Ser.)
by Leo ZaibertDiscussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
Punishment and the History of Political Philosophy
by Arthur ShusterContemporary philosophy still lacks a satisfying theory of punishment, one that adequately addresses our basic moral concerns. Yet, as the crisis of incarceration in the United States and elsewhere shows, the need for a deeper understanding of punishment's purpose has never been greater.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. Through careful interpretation of their key texts, he argues that continuing tensions over retribution's role in punishment reflect the shift in political philosophy from classical republicanism to modern notions of individual natural rights and the social contract.This book will be vital reading for political theorists, philosophers, criminologists, and legal scholars looking for a new perspective on the moral challenges faced by the modern criminal justice system.
Punishment in America: A Reference Handbook
by Cyndi BanksBanks (criminal justice, Northern Arizona U.) begins with a history of judicial punishment in the US as well as the extra-judicial practices of vigilantism and lynching. They set out the problems, controversies, and solutions being debated now, and compares practices and debates in other countries. Additional tools for research by high school or college students include a chronology, biographical sketches, facts and data, and lists of agencies and organizations, and print and non-print resources.
Punishment in Popular Culture (The Charles Hamilton Houston Institute Series on Race and Justice #4)
by Charles J. Ogletree Jr. Austin SaratThe way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, and its particular way of responding to evil. Punishment in Popular Culture examines the cultural presuppositions that undergird America's distinctive approach to punishment and analyzes punishment as a set of images, a spectacle of condemnation. It recognizes that the semiotics of punishment is all around us, not just in the architecture of the prison, or the speech made by a judge as she sends someone to the penal colony, but in both "high" and "popular" culture iconography, in novels, television, and film. This book brings together distinguished scholars of punishment and experts in media studies in an unusual juxtaposition of disciplines and perspectives. Americans continue to lock up more people for longer periods of time than most other nations, to use the death penalty, and to racialize punishment in remarkable ways. How are these facts of American penal life reflected in the portraits of punishment that Americans regularly encounter on television and in film? What are the conventions of genre which help to familiarize those portraits and connect them to broader political and cultural themes? Do television and film help to undermine punishment's moral claims? And how are developments in the boarder political economy reflected in the ways punishment appears in mass culture? Finally, how are images of punishment received by their audiences? It is to these questions that Punishment in Popular Culture is addressed.
Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal
by Alexandra NatapoffA revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminalsPunishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing.For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides.A Publishers Weekly Best Book of 2018
The Punitive Society: Lectures at the Collège de France, 1972-1973
by Michel Foucault Arnold I. Davidson Graham BurchellThese thirteen lectures on the 'punitive society,' delivered at the Coll#65533;ge 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.
The Puppet Masters
by Emile van der Does de Willebois Emily M. Halter Robert A. Harrison Ji Won Park J. C. SharmanBillions in corrupt assets, complex money trails, strings of shell companies and other spurious legal structures. These form the complex web of subterfuge in corruption cases, behind which hides the beneficial owner- the Puppet Master and beneficiary of it all. Linking the beneficial owner to the proceeds of corruption is notoriously hard. With sizable wealth and resources on their side, they exploit transnational constructions that are hard to penetrate and stay aggressively ahead of the game. Nearly all cases of grand corruption have one thing in common. They rely on corporate vehicles- legal structures such as companies, foundations and trusts -- to conceal ownership and control of tainted assets. The Misuse of Corporate Vehicles takes these corporate vehicles as its angle of investigation. It builds upon cases, interviews with investigators, corporate registries and financial institutions, as well as a 'mystery shopping' exercise that provide factual evidence of a criminal practice. This approach is used to understand the nature of the problem and design policy recommendations to facilitate the investigative process by unraveling the complex world of CVs. This lucidly written report is solidly built on step-by step arguments and designed to deliver practical, applicable and well substantiated recommendations. It is intended for use by policy makers in developing national legislation and regulation as well as international standard setters. It also provides helpful information for practitioners engaged in investigating corrupt officials and academics involved in the study of financial crime.
Puppetmaster: The Secret Life of J. Edgar Hoover
by Richard HackBiography of the former FBI director, who led and influenced it for so many years.
Puppetmaster: The Secret Life of J. Edgar Hoover
by Richard HackJ. Edgar Hoover—the most powerful lawman in America for over fifty years—was also the country's most controversial and feared public servant. His career as director of the Federal Bureau of Investigation spanned nine different presidential administrations and survived a dozen attempts to sweep him from office. During that time, Hoover completely reshaped domestic law enforcement as he expanded the reach of the FBI and transformed his G-men into an elite national crime fighting division. Despite his contributions to the criminal justice system, Hoover fell from favor soon after his death, the victim of rampant rumors and innuendo. In Puppetmaster, Richard Hack separates truth from fiction to reveal the most hidden secrets of Hoover's private life and exposes previously undisclosed conduct that threatened to compromise the security of the entire nation. Based on files, documents, and over 100,000 pages of FBI memos and State Department papers, Hack rips the lid off Hoover's façade of propriety to detail a life replete with sexual indiscretions, criminal behavior, and a long-standing alliance with the Mafia.
Purchasing Submission: Conditions, Power, and Freedom
by Philip HamburgerFrom a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of “unconstitutional conditions”—those that threaten constitutional rights—but at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the Constitution’s rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of power—an irregular pathway—by which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Purchasing Whiteness: Pardos, Mulattos, and the Quest for Social Mobility in the Spanish Indies
by Ann TwinamThe colonization of Spanish America resulted in the mixing of Natives, Europeans, and Africans and the subsequent creation of a casta system that discriminated against them. Members of mixed races could, however, free themselves from such burdensome restrictions through the purchase of a gracias al sacar—a royal exemption that provided the privileges of Whiteness. For more than a century, the whitening gracias al sacar has fascinated historians. Even while the documents remained elusive, scholars continually mentioned the potential to acquire Whiteness as a provocative marker of the historic differences between Anglo and Latin American treatments of race. Purchasing Whiteness explores the fascinating details of 40 cases of whitening petitions, tracking thousands of pages of ensuing conversations as petitioners, royal officials, and local elites disputed not only whether the state should grant full whiteness to deserving individuals, but whether selective prejudices against the castas should cease. Purchasing Whiteness contextualizes the history of the gracias al sacar within the broader framework of three centuries of mixed race efforts to end discrimination. It identifies those historic variables that structured the potential for mobility as Africans moved from slavery to freedom, mixed with Natives and Whites, and transformed later generations into vassals worthy of royal favor. By examining this history of pardo and mulatto mobility, the author provides striking insight into those uniquely characteristic and deeply embedded pathways through which the Hispanic world negotiated processes of inclusion and exclusion.
Pure Economic Loss: New Horizons in Comparative Law (UT Austin Studies in Foreign and Transnational Law)
by Vernon Valentine Palmer Mauro BussaniPure economic loss is one of the most-discussed problems in the fields of tort and contract. How do we understand the various differences and similarities between these systems and what is the extent to which there is a common-core of agreement on this question? This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries and legal systems across the world. The countries covered are USA, Canada, Japan, Israel, South Africa, Japan, Romania, Croatia, Denmark and Poland, with the contributors taking a comparative fact-based approach through the use of hypothetical problems to analyze and then summarize the individual country’s tort approach. Using a fact-based questionnaire, a tested taxonomy, and a sophisticated comparative law methodology, the authors convincingly demonstrate that there are liberal, pragmatic and conservative regimes throughout the world. The recoverability of pure economic loss poses a generic question for these legal systems - it is not just a civil law versus common law issue. It will be of interest to students and academics studying tort law and comparative law in the different countries covered.
Purifying Empire: Obscenity and the Politics of Moral Regulation in Britain, India and Australia
by Deana HeathPurifying Empire explores the material, cultural and moral fragmentation of the boundaries of imperial and colonial rule in the British Empire in the late nineteenth and early twentieth centuries. It charts how a particular bio-political project, namely the drive to regulate the obscene in late nineteenth-century Britain, was transformed from a national into a global and imperial venture and then re-localized in two different colonial contexts, India and Australia, to serve decidedly different ends. While a considerable body of work has demonstrated both the role of empire in shaping moral regulatory projects in Britain and their adaptation, transformation and, at times, rejection in colonial contexts, this book illustrates that it is in fact only through a comparative and transnational framework that it is possible to elucidate both the temporalist nature of colonialism and the political, racial and moral contradictions that sustained imperial and colonial regimes.
Purpose: What Evolution and Human Nature Imply about the Meaning of Our Existence
by Samuel T. WilkinsonBy using principles from a variety of scientific disciplines, Yale Professor Samuel Wilkinson provides a framework for human evolution that reveals an overarching purpose to our existence. Generations have been taught that evolution implies there is no overarching purpose to our existence, that life has no fundamental meaning. We are merely the accumulation of tens of thousands of intricate molecular accidents. Some scientists take this logic one step further, suggesting that evolution is intrinsically atheistic and goes against the concept of God. But is this true? By integrating emerging principles from a variety of scientific disciplines—ranging from evolutionary biology to psychology—Yale Professor Samuel Wilkinson provides a framework of evolution that implies not only that there is an overarching purpose to our existence, but what this purpose is. With respect to our evolution, nature seems to have endowed us with competing dispositions, what Wilkinson calls the dual potential of human nature. We are pulled in different directions: selfishness and altruism, aggression and cooperation, lust and love. When we couple this with the observation that we possess a measure of free will, all this strongly implies there is a universal purpose to our existence. This purpose, at least one of them, is to choose between the good and evil impulses that nature has created within us. Our life is a test. This is a truth, as old as history it seems, that has been espoused by so many of the world&’s religions. From a certain framework, these aspects of human nature—including how evolution shaped us—are evidence for the existence of a God, not against it. Closely related to this is meaning. What is the meaning of life? Based on the scientific data, it would seem that one such meaning is to develop deep and abiding relationships. At least that is what most people report are the most meaningful aspects of their lives. This is a function of our evolution. It is how we were created.