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 Criminal Injustice written by Matthew B. Robinson and published by . This book was released on 2015-03-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Injustice examines the influence of politics and ideology on criminal justice practice. Politics refers to governing decisions about how to deal with social problems and distribute resources in society, and ideology means the beliefs and values that guide political decisions and underlie our societal institutions. The book clearly illustrates that criminal justice practice is directly and meaningfully impacted by politics and ideology, beginning with law-making. The main argument of Criminal Injustice is that politics and ideology distort America's ideal goals of crime control and due process, oftentimes resulting in ineffective and unfair criminal justice policies. That is, politics and ideology distort the ideals of Americans found in the Declaration of Independence and the U.S. Constitution. In the book, the author demonstrates how this is true and he argues that the main problem with criminal justice practice is that it does not target the most harmful acts in America; instead it focuses heavily only on a handful of harmful acts committed by certain groups of people under certain circumstances. This occurs because of who makes the law and who pays for it; these people create laws and policies that benefit them and their financial backers rather than ''the people'' more generally. Further, media coverage of crime and criminal justice reinforces myths of crime (including who is dangerous and who is not) which helps maintain the focus of criminal justice agencies on street crime rather than on other forms of harmful behavior that actually cause far more damage to society.
Download or read book Ideology and Crime written by Leon Radzinowicz and published by . This book was released on 1966 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Checking the Courts written by Kirk A. Randazzo and published by SUNY Press. This book was released on 2014-07-31 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines and measures the extent to which statutory language affects judicial behavior. How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.
Download or read book Crime Control Politics and Policy written by Peter J. Benekos and published by Routledge. This book was released on 2014-09-25 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews concepts, information and points of view that help to explain the context and constraints of the criminal justice system. The chapters summarize developments in public policy and crime control, and interweave themes central to the discussion: the impact of ideology, the role of the media, and the politicization of crime and criminal justice.
Download or read book Justice and Power in Sociolegal Studies written by Bryant G. Garth and published by Northwestern University Press. This book was released on 1998 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability.
Download or read book Rich Get Richer and the Poor Get Prison The Subscription written by Jeffrey Reiman and published by Routledge. This book was released on 2015-07-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illustrates the issue of economic inequality within the American justice system. The best-selling text, The Rich Get Richer and the Poor Get Prison contends that the criminal justice system is biased against the poor from start to finish. The authors argue that even before the process of arrest, trial, and sentencing, the system is biased against the poor in what it chooses to treat as crime. The authors show that numerous acts of the well-off--such as their refusal to make workplaces safe, refusal to curtail deadly pollution, promotion of unnecessary surgery, and prescriptions for unnecessary drugs--cause as much harm as the acts of the poor that are treated as crimes. However, the dangerous acts of the well-off are almost never treated as crimes, and when they are, they are almost never treated as severely as the crimes of the poor. Not only does the criminal justice system fail to protect against the harmful acts of well-off people, it also fails to remedy the causes of crime, such as poverty. This results in a large population of poor criminals in our prisons and in our media. The authors contend that the idea of crime as a work of the poor serves the interests of the rich and powerful while conveying a misleading notion that the real threat to Americans comes from the bottom of society rather than the top. Learning Goals Upon completing this book, readers will be able to: Examine the criminal justice system through the lens of the poor. Understand that much of what goes on in the criminal justice system violates one’s own sense of fairness. Morally evaluate the criminal justice system’s failures. Identify the type of legislature that is biased against the poor.
Download or read book American Foreign Policy Ideology and the International Rule of Law written by Malcolm Jorgensen and published by Cambridge University Press. This book was released on 2020-01-02 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrates American legal policymakers hold competing conceptions of the 'international rule of law' structured by foreign policy ideologies.
Download or read book Ideology and Criminal Law written by Stephen Skinner and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
Download or read book Ideology in the Supreme Court written by Lawrence Baum and published by Princeton University Press. This book was released on 2017-05-16 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.
Download or read book Out of Control Criminal Justice written by Daniel P. Mears and published by Cambridge University Press. This book was released on 2017-09-28 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.
Download or read book Ideology and Criminal Law written by Stephen Skinner and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
Download or read book Ideology Crime and Criminal Justice written by Anthony Bottoms and published by Routledge. This book was released on 2013-01-11 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book six leading criminologists address the central issues of ideology, crime and criminal justice in a series of essays originally presented at a symposium held in honour of Sir Leon Radzinowicz in Cambridge in March 2001. This book is concerned with the key themes of the history of criminal justice, the history and development of criminological thought, and criminal justice policy. Each of the contributed chapters makes an original and important contribution to the development of the discipline of criminology. This book is valuable reading for anybody interested in the past and present of the discipline of criminology, explored through essays on morality, prisons, policing, criminal justice and penal policy.
Download or read book Ideology Psychology and Law written by Jon Hanson and published by OUP USA. This book was released on 2012-01-11 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: Features the groundbreaking law-related research of political psychologists. Includes leading legal scholars' commentary and analysis of political psychologists' work. The first book to bring together experts to discuss the interaction between psychology, ideology, and law.
Download or read book Communist Ideology Law and Crime written by Maria W. Los and published by Springer. This book was released on 1988-06-18 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Justice at the Crossroads written by William R. Kelly and published by Columbia University Press. This book was released on 2015-05-05 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.
Download or read book Crime Reason and History written by Alan William Norrie and published by Cambridge University Press. This book was released on 2001 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime, Reason and History provides an alternative approach to the study of the general principles of criminal law. It emphasises, in contrast to orthodox texts, the tensions and contradictions at the law's heart. The author outlines the themes of responsibility, rationality and justice which govern the orthodox criminal law text. He traces these to the early nineteenth century reform of the criminal law and notes conflicts within reform ideologies relating to the idea of the 'responsible individual'. He then takes the reader through the bulk of the criminal law's 'general part' showing how conflicts from reform ideology emerge within criminal law. An historical and political logic underlies its illogicalities, giving it its 'shape'. The author presents a sceptical critique of the liberal positivist tradition in criminal law scholarship, and a social analysis of both its practical necessity and intellectual impossibility. He shows how the ideology of individual legal justice was imposed as a means of excluding alternative political voices, while recognising its importance for the survival of the liberal polity.
