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Author: Adrian Howe Publisher: Psychology Press ISBN: 9780415051910 Category : Feminist jurisprudence Languages : en Pages : 268
Book Description
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.
Author: Adrian Howe Publisher: Psychology Press ISBN: 9780415051910 Category : Feminist jurisprudence Languages : en Pages : 268
Book Description
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.
Author: Hyman Gross Publisher: Oxford University Press ISBN: 0199644713 Category : Law Languages : en Pages : 238
Book Description
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.
Author: Adrian Howe Publisher: Routledge ISBN: 1134941323 Category : Social Science Languages : en Pages : 228
Book Description
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
Author: Michel Foucault Publisher: Vintage ISBN: 0307819299 Category : Social Science Languages : en Pages : 354
Book Description
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.
Author: Meghan Kallman Publisher: CRC Press ISBN: 1351352210 Category : History Languages : en Pages : 85
Book Description
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.
Author: Bernard E. Harcourt Publisher: Columbia University Press ISBN: 0231551452 Category : Philosophy Languages : en Pages : 730
Book Description
Critical philosophy has always challenged the division between theory and practice. At its best, it aims to turn contemplation into emancipation, seeking to transform society in pursuit of equality, autonomy, and human flourishing. Yet today’s critical theory often seems to engage only in critique. These times of crisis demand more. Bernard E. Harcourt challenges us to move beyond decades of philosophical detours and to harness critical thought to the need for action. In a time of increasing awareness of economic and social inequality, Harcourt calls on us to make society more equal and just. Only critical theory can guide us toward a more self-reflexive pursuit of justice. Charting a vision for political action and social transformation, Harcourt argues that instead of posing the question, “What is to be done?” we must now turn it back onto ourselves and ask, and answer, “What more am I to do?” Critique and Praxis advocates for a new path forward that constantly challenges each and every one of us to ask what more we can do to realize a society based on equality and justice. Joining his decades of activism, social-justice litigation, and political engagement with his years of critical theory and philosophical work, Harcourt has written a magnum opus.
Author: Didier Fassin Publisher: Oxford University Press ISBN: 019088858X Category : Law Languages : en Pages : 209
Book Description
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.
Author: A.W. Norrie Publisher: Springer Science & Business Media ISBN: 9400906994 Category : Philosophy Languages : en Pages : 239
Book Description
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.
Author: Erin I. Kelly Publisher: Harvard University Press ISBN: 0674980778 Category : Philosophy Languages : en Pages : 241
Book Description
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.
Author: Adrian Howe
Author: Adrian Howe
Author: Hyman Gross
Author: Adrian Howe
Author: Michel Foucault
Author: Meghan Kallman
Author: Bernard E. Harcourt
Author: Didier Fassin
Author: A.W. Norrie
Author: Barbara Hudson
Author: Erin I. Kelly