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54 books match the query 'Punishment' and 11 start with p

cover of POLICING THE CITY: CRIME & LEGAL AUTHORITY IN LONDON, 1780-1840

POLICING THE CITY

CRIME & LEGAL AUTHORITY IN LONDON, 1780-1840

ANDREW T. HARRIS

The Ohio State University Press, 2004

In Policing the City, Harris seeks to explain the transformation of criminal justice, particularly the transformation of policing, between the 1780s and 1830s in the City of London. As utilitarian legal reformers argued that criminal deterrence ought to be based on certain and rational punishment rather than random execution, they also had to control the discretionary authority of enforcement. This meant in theory and practice the centralization of policing in the 1830s, and the end of local policing, which was seen as corrupt, inefficient, and unsuitable for rational criminal justice. Revolutionary changes in policing began locally, however, in the 1780s. Such local changes preceded and inspired national reforms, and local policing up to the centralizing measures of the 1830s remained dynamic, responsive, and locally accountable right until its demise. Anxiety about policing had as much to do with the social origins of the police as it did about the origins of criminality, and control over the discretionary authority of watchmen and constables played a larger role in criminal justice reform than the nature of crime. The national, metropolitan, and City police reforms of the late 1830s were thus the culmination of a contentious argument over the meanings of justice, efficiency, and order, rather than its beginning. Harris's evidence reveals how what we've come to think of as “modern” policing evolved out of local practice and reflects shifts in wider debates about crime, justice, and discretionary authority.
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cover of Pain and Shock in America: Politics, Advocacy, and the Controversial Treatment of People with Disabilities

Pain and Shock in America

Politics, Advocacy, and the Controversial Treatment of People with Disabilities

Jan Nisbet

Brandeis University Press, 2021

The first book to be written on the Judge Rotenberg Center and their use of painful interventions to control the behavior of children and adults with disabilities.

For more than forty years, professionals in the field of disability studies have engaged in debates over the use of aversive interventions (such as electric shock) like the ones used at the Judge Rotenberg Center. Advocates and lawyers have filed complaints and lawsuits to both use them and ban them, scientists have written hundreds of articles for and against them, and people with disabilities have lost their lives and, some would say, lived their lives because of them. There are families who believe deeply in the need to use aversives to control their children’s behavior. There are others who believe the techniques used are torture. All of these families have children who have been excluded from numerous educational and treatment programs because of their behaviors. For most of the families, placement at the Judge Rotenberg Center is the last resort.

This book is a historical case study of the Judge Rotenberg Center, named after the judge who ruled in favor of keeping its doors open to use aversive interventions. It chronicles and analyzes the events and people involved for over forty years that contributed to the inability of the state of Massachusetts to stop the use of electric shock, and other severe forms of punishment on children and adults with disabilities. It is a long story, sad and tragic, complex, filled with intrigue and questions about society and its ability to protect and support its most vulnerable citizens.
 
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cover of Payback: The Case for Revenge

Payback

The Case for Revenge

Thane Rosenbaum

University of Chicago Press, 2013

We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. 
 
Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. 
 
Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.
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cover of Poetry of the Law: From Chaucer to the Present

Poetry of the Law

From Chaucer to the Present

David Kader

University of Iowa Press, 2010

Since the time of Blackstone's "Farewell," poetry has been seen as celestial, pastoral, solitary, and mellifluous; law as venerable, social, urban, and cacophonous. This perception has persisted even to the present, with the bourgeoning field of law and literature focusing almost exclusively on fiction and drama. Poetry of the Law, however, reveals the richness of poetry about the law.

Poetry of the Law is the first serious anthology of law-related poetry ever published in the United States. As the editors make clear, though, serious need not imply solemn. Instead, David Kader and Michael Stanford have assembled a surprisingly capacious collection of 100 poems from the 1300s to the present.

Set in courtrooms, lawyers’ offices, law-school classrooms, and judges’ chambers; peopled with attorneys, the imprisoned (both innocent and guilty), judges, jurors, witnesses, and law-enforcement officers; based on real events (think “Scottsboro”) or exploring the complexity of abstract legal ideas; the poems celebrate justice or decry the lack of it, ranging in tone from witty to wry, sad to celebratory, funny to infuriating. Poetry of the Law is destined to become an authoritative source for years to come.

 
Contributors Include:

W. H. Auden

Robert Burns

Lewis Carroll

John Ciardi

Daniel Defoe

Emily Dickinson

John Donne

Rita Dove

Ralph Waldo Emerson

Martín Espada

Thomas Hardy

Seamus Heaney

A. E. Housman

Langston Hughes

Ben Jonson

X. J. Kennedy

Yusef Komunyakaa

Ted Kooser

D. H. Lawrence

Edgar Lee Masters

W. S. Merwin

Edna St. Vincent Millay

Sir Walter Raleigh

Muriel Rukeyser

Carl Sandburg

William Shakespeare

Jonathan Swift

Mona Van Duyn

Oscar Wilde

William Carlos Williams

from “The Hanging Judge” by Eavan Boland

Come to the country where justice is seen to be done,

Done daily. Come to the country where

Sentence is passed by word of mouth and raw

Boys split like infinitives. Look, here

We hanged our son, our only son

And hang him still and still we call it law.

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cover of Poverty, Law, and Divine Justice in Persian and Hellenistic Judah

Poverty, Law, and Divine Justice in Persian and Hellenistic Judah

Johannes Unsok Ro

SBL Press, 2018

A view of Persian and Hellenistic Judean communities through theological and socioeconomic lenses

Johannes Unsok Ro employs philological, historical, and sociological approaches to investigate the close connections between socioeconomic structures, social inequality, and theological developments in the Judean communities in Persian- and Hellenistic-era Palestine. Ro contends that competing points of view from communities of lay returnees, priestly returnees, and communities of resident Judeans and Samaritans were juxtaposed within the Hebrew Bible, which took shape during the postexilic period. By exploring issues such as the relationship between the shaping of the canon and literacy in the Judean community, the term strangers in the biblical law codes, the socioeconomic structures of Judean communities reflected in the biblical law codes, the development of the theological concept of divine punitive justice, the piety of the poor in certain psalms, and the concept of poverty in the Dead Sea Scrolls, Ro illustrates that the communities behind each text and its redactions can be ascertained through sociological and theological lenses.

Features

  • Demonstration that a theology of the poor materialized orally among the poor but found written expression among Levites
  • Insight into the socioeconomic and theological concerns of the authorial groups behind various biblical law codes
  • A case that biblical “poverty” sometimes refers to humility and a theologically reflected consciousness of lowliness toward God
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cover of Punishment and Culture

Punishment and Culture

Philip Smith

University of Chicago Press, 2008

From the chain gang to the electric chair, the problem of how to deal with criminals has long been debated. What explains this concern with getting punishment right? And why do attitudes toward particular punishments change radically over time? In addressing these questions, Philip Smith attacks the comfortable myth that punishment is about justice, reason, and law. Instead he argues that punishment is an essentially irrational act founded in ritual as a means to control evil without creating more of it in the process.
            Punishment and Culture traces three centuries of the history of punishment, looking in detail at issues ranging from public executions and the development of the prison to Jeremy Bentham’s notorious panopticon and the invention of the guillotine. Smith contends that each of these attempts to achieve sterile bureaucratic control was thwarted as uncontrollable cultural forces generated alternative visions of heroic villains, darkly gothic technologies, and sacred awe. Moving from Andy Warhol to eighteenth-century highwaymen to Orwell’s 1984, Smith puts forward a dazzling account of the cultural landscape of punishment. His findings will fascinate students of sociology, history, criminology, law, and cultural studies.
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cover of Punishment and Death: The Need for Radical Analysis, Volume 2006

Punishment and Death

The Need for Radical Analysis, Volume 2006

Ethan Blue and Patrick Timmons, eds.

Duke University Press, 0

This special issue of Radical History Review considers the persistence of death and suffering in the history of punishment to be part of historical legacies created by slavery and colonialism. These essays, which focus primarily on the United States, contend that the most “modern” political systems of the twenty-first century still stand behind mechanisms of violence and death in their geopolitical strategies, sanctioning military use of torture and punishment, much like thoroughly repressive regimes, to incapacitate their enemies and even their own citizens. The issue further argues that the infliction of pain, suffering, and untimely death through punishment is foundational, rather than exceptional, to modern state power.

The issue’s contributors—comprising both academics and activists—examine the practices of punishment and death imposed upon citizens, particularly through penal systems. One contributor exposes how the indignation and outrage many Americans expressed toward the military torture at Abu Ghraib do not extend to similar instances of torture (beatings, “shower-baths,” sexual abuse, etc.) against inmates of color within the U.S. prison system. Another contributor reflects on the unexpected but effective alliance between antiprison activists and the environmental justice movement in California, which worked to stop the massive prison-building boom of the late twentieth and early twenty-first centuries. Bringing a longer sweep of Western colonialism into view, another essay reveals the racial prejudices within disciplinary processes of Puerto Rico that lingered even after the island’s emancipation from the Spanish American empire, leading to unequal distribution of punishment on both colonial and domestic subject populations.

Contributors. Ethan Blue, Rose Braz, Helena Cobban, Craig Gilmore, Alan Eladio Gómez, R. J. Lambrose, Heather Jane McCarty, Dylan Rodríguez, Kelvin Santiago-Valles, Carolyn Strange, Patrick Timmons

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cover of Punishment and Inequality in America

Punishment and Inequality in America

Bruce Western

Russell Sage Foundation, 2006

Over 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.
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cover of Punishment and Modern Society: A Study in Social Theory

Punishment and Modern Society

A Study in Social Theory

David Garland

University of Chicago Press, 1990

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
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cover of Punishment and Political Order

Punishment and Political Order

Keally McBride

University of Michigan Press, 2007

Most 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.

"From start to finish this is a terrific, engaging book. McBride offers a fascinating perspective on punishment, calling attention to its utility in understanding political regimes and their ideals. She succeeds in reminding us of the centrality of punishment in political theory and, at the same time, in providing a framework for understanding contemporary events. I know of no other book that does as much to make the subject of punishment so compelling."

—Austin Sarat, Amherst College

"Punishment and Political Order will be welcome reading for anyone interested in understanding law in society, punishment and political spectacle, or governing through crime control. This is a clear, accessible, and persuasive examination of punishment—as rhetoric and reality. Arguing that punishment is a complex product of the social contract, this book demonstrates the ways in which understanding the symbolic power and violence of the law provides analytical tools for examining the ideological function of prison labor today, as well as the crosscutting and contingent connections between language and identity, legitimation and violence, sovereignty and agency more generally."
—Bill Lyons, Director, Center for Conflict Management, University of Akron

"Philosophical explorations of punishment have often stopped with a theory of responsibility. McBride's book moves well beyond this. It shows that the problem of punishment is a central issue for any coherent theory of the state, and thus that punishment is at the heart of political theory. This is a stunning achievement."
—Malcolm M. Feeley, University of California at Berkeley

Keally McBride is Assistant Professor of Politics at the University of San Francisco.

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cover of Punishment in Paradise: Race, Slavery, Human Rights, and a Nineteenth-Century Brazilian Penal Colony

Punishment in Paradise

Race, Slavery, Human Rights, and a Nineteenth-Century Brazilian Penal Colony

Peter M. Beattie

Duke University Press, 2015

Throughout the nineteenth century the idyllic island of Fernando de Noronha, which lies two hundred miles off Brazil's northeastern coast, was home to Brazil's largest forced labor penal colony. In Punishment in Paradise Peter M. Beattie uses Noronha as a case study to understand nineteenth-century Brazil's varied social and cultural values, especially in relation to justice, class, color, civil condition, human rights and labor. As Brazil’s slave population declined after 1850, the use of colonial-era disciplinary practices at Noronha—such as flogging and forced labor—stoked anxieties about human rights and Brazil’s international image. Beattie contends that the treatment of slaves, convicts, and other social categories subject to coercive labor extraction were interconnected and that reforms that benefitted one of these categories made them harder to deny to others. In detailing Noronha's history and the end of slavery as part of an international expansion of human rights, Beattie places Brazil firmly in the purview of Atlantic history.
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