Download or read book Penal Theories and Institutions written by Michel Foucault and published by Springer Nature. This book was released on 2019-11-22 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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).
Download or read book Discipline and Punish written by Michel Foucault and published by Vintage. This book was released on 2012-04-18 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Punitive Society written by Michel Foucault and published by Picador. This book was released on 2018-08-07 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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.
Download or read book Punishment and Modern Society written by David Garland and published by University of Chicago Press. This book was released on 2012-04-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Punishment Participatory Democracy and the Jury written by Albert W. Dzur and published by Oxford University Press. This book was released on 2012-09-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing democratic theory on the pressing issue of punishment, this book argues for participatory institutional designs as antidotes to the American penal state.
Download or read book Honor and Revenge A Theory of Punishment written by Whitley R.P. Kaufman and published by Springer Science & Business Media. This book was released on 2012-08-28 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new “abolitionist” movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.
Download or read book Lectures on the Will to Know written by M. Foucault and published by Springer. This book was released on 2013-04-09 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Understanding Justice written by Barbara Hudson and published by McGraw-Hill Education (UK). This book was released on 2003-03-16 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: * 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.
Download or read book Colonial Systems of Control written by Viviane Saleh-Hanna and published by University of Ottawa Press. This book was released on 2008-04-18 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering book on prisons in West Africa, Colonial Systems of Control: Criminal Justice in Nigeria is the first comprehensive presentation of life inside a West African prison. Chapters by prisoners inside Kirikiri maximum security prison in Lagos, Nigeria are published alongside chapters by scholars and activists. While prisoners document the daily realities and struggles of life inside a Nigerian prison, scholar and human rights activist Viviane Saleh-Hanna provides historical, political, and academic contexts and analyses of the penal system in Nigeria. The European penal models and institutions imported to Nigeria during colonialism are exposed as intrinsically incoherent with the community-based conflict-resolution principles of most African social structures and justice models. This book presents the realities of imprisonment in Nigeria while contextualizing the colonial legacies that have resulted in the inhumane brutalities that are endured on a daily basis. Keywords: Nigeria, West Africa, penal system, maximum-security prison. Published in English.
Download or read book Conflicting Penal Theories in Statutory Criminal Law written by Mabel Agnes Elliott and published by . This book was released on 1931 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Theories of Punishment written by Stanley E. Grupp and published by . This book was released on 1972 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Download or read book Criminology and Public Policy written by Hugh Barlow and published by Temple University Press. This book was released on 2010-01-25 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the links between criminological theory and criminal justice policy and practice.
Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Download or read book Subjectivity and Truth written by Michel Foucault and published by Springer. This book was released on 2017-07-22 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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.
Download or read book Penology written by Karen Harrison and published by Bloomsbury Publishing. This book was released on 2019-11-08 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook considers the full breadth of the criminal justice system, going beyond prisons to cover other punishments such as out-of-court disposals and community penalties, as well as issues around rehabilitation and reintegration. It offers a holistic and contemporary account of the penal system in England and Wales. Helping students to understanding the ever-changing environment of penal policy and practice, this book not only provides a strong foundation in penal theory but also has a strong focus on actual practice. Author Karen Harrison draws on a number of interviews with people who work within or for agencies associated with the penal system, as well as accounts of prison visits that build a picture of current prison life. Packed with helpful features, Penology includes Spotlight profiles of the penal system in countries across the globe. The text also covers a range of specific offenders, examining not just white adult men but women offenders, children and ethnic minorities. This is essential reading for students in England and Wales studying penology, punishment and prisons at undergraduate or postgraduate level. It's also offers important insights for students of criminology, criminal justice, law and social science.
