Download or read book Punish and Critique written by Adrian Howe and published by Routledge. This book was released on 2005-10-27 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acknowledgements Introduction 1. Political economies of punishment 2. 'New histories of punishment regimes 3. The Foucault Effect: from penology to penality 4. Feminist analytical approaches to women's imprisonment 5. Postmodern feminism and the question of penalty 6. Towards a postmodern penal politic? Bibliography
Download or read book Punish and Critique written by Adrian Howe and published by Psychology Press. This book was released on 1994 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feminist analysis of the range of critical perspectives on punishment leads to argument that a fuller social understanding of punishment must be informed by feminist research on women's imprisonment.
Download or read book Crime and Punishment written by Hyman Gross and published by Oxford University Press. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
Download or read book An Analysis of Michel Foucault s Discipline and Punish written by Meghan Kallman and published by CRC Press. This book was released on 2017-07-05 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michel Foucault is famous as one of the 20th-century’s most innovative thinkers – and his work on Discipline and Punish was so original and offered models so useful to other scholars that the book now ranks among the most influential academic works ever published. Foucault’s aim is to trace the way in which incarceration was transformed between the seventeenth and twentieth centuries. What started as a spectacle, in which ritual punishments were focused on the prisoner’s body, eventually became a matter of the private disciplining of a delinquent soul. Foucault’s work is renowned for its original insights, and Discipline and Punish contains several of his most compelling observations. Much of the focus of the book is on making new connections between knowledge and power, leading Foucault to sketch out a new interpretation of the relationship between voir, savoir and pouvoir – or, ‘to see is to know is to have power.’ Foucault also dwells in fascinating detail on the true implications of a uniquely creative solution to the problems generated by incarcerating large numbers of criminals in a confined space – Jeremy Bentham’s ‘panopticon,’ a prison constructed around a central tower from which hidden guards might – or might not – be monitoring any given prisoner at any given time. As Foucualt points out, the panopticon creates a prison in which inmates will discipline themselves, for fear of punishment, even when there are no guards present. He goes on to apply this insight to the manner in which all of us behave in the outside world – a world in which CCTV and speed cameras are explicitly designed to modify our behavior. Foucault’s highly original vision of prisons also ties them to broader structures of power, allowing him to argue that all previous conceptions of prison are misleading, even wrong. For Foucault, the ultimate purpose of incarceration is neither to punish inmates, nor to reduce crime. It is to produce delinquency as a way of enabling the state to control and of structure crime.
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 Power to Punish written by David Garland and published by Heinemann Educational Publishers. This book was released on 1983 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Punishment Responsibility and Justice written by Alan William Norrie and published by Oxford University Press on Demand. This book was released on 2000 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment, Responsibility and Justice builds on Alan Norrie's previous work in the philosophy of punishment and criminal law to develop a challenging and ground-breaking critique of Kantian justice thinking. It casts a bold new light on recent debates about punishment and the criminal law ina period when traditional thinking has undergone opposition, crisis and change. The retributive and 'orthodox subjectivist' approaches, which have driven the textbook tradition and law reform for forty years, have been doubly challenged. A 'revisionist' critique opposes their Kantian insistence onformal individual autonomy from both a communitarian position on punishment and a 'morally substantive' view of responsibility. A 'postmodern' critique opposes orthodoxy for its failure to see how the Kantian subject is constructed in relations of power and domination. Against both orthodox subjectivist and revisionist views, Norrie develops a relational or dialectical critique to argue that they in fact both work in the same Kantian problematic. He establishes the concept of a 'blaming relation' as the basis for a critique of both, and to challenge the standardanalytical account of criminal justice thinking. Moving from the legal theory of Ashworth, Duff, Fletcher, Moore, Smith and Williams to the jurisprudence of the courts, Norrie analyses the seemingly irresolvable problems of punishment, responsibility and justice in the criminal law from arelational point of view. Against the postmodern approach, he argues for the need to retain what remains of moral value in Kantianism by seeking 'a non-Kantian answer to the Kantian question' of individual justice. The result is a relational critique of punishment, responsibility and justice, which recognises the ambiguityand ambivalence that accompany judgment of wrongdoing, and which asserts both the real moral value and the fundamental limits of Kantian justice thinking.
Download or read book Justice Through Punishment written by Barbara Hudson and published by . This book was released on 1987 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crime and Punishment written by Edward Wasiolek and published by . This book was released on 1961 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crime and Punishment written by Hyman Gross and published by OUP Oxford. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral assessment of the conduct in question, with criminal liability tracking as closely as possible the contours of morality. Versions of this view are frequently argued for in philosophical accounts of crime and punishment, and seem to be presumed by lawyers and policy makers working in the criminal justice system. Challenging such assumptions, this book considers the dominant justifications of punishment and subjects them to a piercing moral critique. It argues that none overcome the objection that people who are convicted of a serious crime and sent to prison have their basic human rights violated. The institution of criminal punishment is shown to be a regrettable necessity not deserving of the moral enthusiasm it enjoys among many politicians and the popular press. From a moral point of view, punishment is entitled at best to grudging toleration. In the course of developing the argument, the book introduces the principal issues of criminal law theory with the aim of presenting a morally enlightened perspective on crimes and why we punish them. Enforcement of the law by police, prosecutors, and courts is a matter of concern for political morality, and the principal practices of the criminal justice system are subjected to moral scrutiny. The book presents an original, engaging, and provocative approach to the philosophy of crime and punishment, challenging not only students, but a wide range of other readers to rethink the fascinating and troubling questions at the foundations of crime and punishment.
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Download or read book The Will to Punish written by Didier Fassin and published by Oxford University Press. This book was released on 2018 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, most societies have become more repressive, their laws more relentless, their magistrates more inflexible, independently of the evolution of crime. In The Will to Punish, using an approach both genealogical and ethnographic, distinguished anthropologist Didier Fassin addresses the major issues raised by this punitive moment through an inquiry into the very foundations of punishment. What is punishment? Why punish? Who is punished? Through these three questions, he initiates a critical dialogue with moral philosophy and legal theory on the definition, the justification and the distribution of punishment. Discussing various historical and national contexts, mobilizing a ten-year research program on police, justice and prison, and taking up the legacy of Friedrich Nietzsche and Michel Foucault, he shows that the link between crime and punishment is an historical artifact, that the response to crime has not always been the infliction of pain, that punishment does not only proceed from rational logics used to legitimize it, that more severity in sentencing often means increasing social inequality before the law, and that the question, "What should be punished?" always comes down to the questions "Whom do we deem punishable?" and "Whom do we want to be spared?" Going against a triumphant penal populism, this investigation proposes a salutary revision of the presuppositions that nourish the passion for punishing and invites to rethink the place of punishment in the contemporary world. The theses developed in the volume are discussed by criminologist David Garland, historian Rebecca McLennan, and sociologist Bruce Western, to whom Didier Fassin responds in a short essay.
Download or read book Discipline and Critique written by Andrew Cutrofello and published by State University of New York Press. This book was released on 1994-02-03 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Cutrofello demonstrates that in light of Michel Foucault's genealogical criticisms of the juridical model of power, it is possible to develop a postjuridical model of Kantian critique. Recasting game theory's celebrated "prisoner's dilemma" in Foucauldian terms, Cutrofello illuminates the techniques of mutual betrayal that train bodies to reason themselves into complicity with forces of subjugation. He shows how a genealogically reformulated version of Kantian ethics can provide the basic parameters of a "discipline of resistance" to such forces, and he argues for a more nuanced assessment of the stakes involved in the demise of philosophy as a disciplinary formation. Along the way, Cutrofello presents fascinating readings of Kant's own "care of the self" ethic, drawing on the conceptual resources of Gilles Deleuze, Jacques Lacan, and Luce Irigaray. This tour-de-force will prompt social theorists to reconsider the way power functions in our modern/postmodern world.
Download or read book Punishing the Mentally Ill written by Bruce A. Arrigo and published by SUNY Press. This book was released on 2002-07-18 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative exploration of a wide range of controversies in mental health law, this book argues that the criminal justice system punishes citizens for being mentally ill.
Download or read book Law Ideology and Punishment written by A.W. Norrie and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.
Download or read book The Pains of Punishment written by Timothy Nicholas Luciano and published by . This book was released on 2017 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Will to Punish written by Didier Fassin and published by Oxford University Press. This book was released on 2018-06-08 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, most societies have become more repressive, their laws more relentless, their magistrates more inflexible, independently of the evolution of crime. In The Will to Punish, using an approach both genealogical and ethnographic, distinguished anthropologist Didier Fassin addresses the major issues raised by this punitive moment through an inquiry into the very foundations of punishment. What is punishment? Why punish? Who is punished? Through these three questions, he initiates a critical dialogue with moral philosophy and legal theory on the definition, the justification and the distribution of punishment. Discussing various historical and national contexts, mobilizing a ten-year research program on police, justice and prison, and taking up the legacy of Friedrich Nietzsche and Michel Foucault, he shows that the link between crime and punishment is an historical artifact, that the response to crime has not always been the infliction of pain, that punishment does not only proceed from rational logics used to legitimize it, that more severity in sentencing often means increasing social inequality before the law, and that the question, "What should be punished?" always comes down to the questions "Whom do we deem punishable?" and "Whom do we want to be spared?" Going against a triumphant penal populism, this investigation proposes a salutary revision of the presuppositions that nourish the passion for punishing and invites to rethink the place of punishment in the contemporary world. The theses developed in the volume are discussed by criminologist David Garland, historian Rebecca McLennan, and sociologist Bruce Western, to whom Didier Fassin responds in a short essay.
