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Punishment and Welfare

Punishment and Welfare
Author: David Garland
Publisher: Quid Pro Books
Total Pages: 296
Release: 2018-01-30
Genre: Law
ISBN: 1610273788

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First published in 1985, this classic of law and society scholarship continues to shape the research agenda of today’s sociology of punishment. It is now republished with a new Preface by the author. Punishment and Welfare explores the relation of punishment to politics, the historical formation and development of criminology, and the way in which penal reform grew out of the complex set of political projects that founded the modern welfare state. Its analyses powerfully illuminate many of the central problems of contemporary penal and welfare policy, showing how these problems grew out of political struggles and theoretical debates that occurred in the first years of the 20th century. In conducting this investigation, David Garland developed a method of research which combines detailed historical and textual analysis with a broader sociological vision, thereby synthesizing two forms of analysis that are more often developed in isolation. The resulting genealogy will interest everyone who works in this field. “… a brilliant book … the main arguments of Punishment and Welfare are undoubtedly some of the most tenacious and exciting to emerge from the field of criminology in many years.” — Piers Bierne, Contemporary Sociology “… one of the most important pieces of work ever to emerge in British criminology. It is a study of depth, subtlety and complexity … Garland’s integration of close historical details with a broader sociological vision provides a model methodology….” — Stan Cohen, British Journal of Criminology “This study shows how early 20th-century penal policy was a function of the nation’s social welfare practices. Garland’s theory is as applicable to the 21st century as it is to that earlier era: A tour de force.” — Malcolm Feeley, University of California–Berkeley


Punishment and Modern Society

Punishment and Modern Society
Author: David Garland
Publisher: University of Chicago Press
Total Pages: 321
Release: 2012-04-26
Genre: Law
ISBN: 0226922502

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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


Peculiar Institution

Peculiar Institution
Author: David Garland
Publisher: Harvard University Press
Total Pages: 428
Release: 2011-02-01
Genre: History
ISBN: 0674058488

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The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.


Getting Tough

Getting Tough
Author: Julilly Kohler-Hausmann
Publisher: Princeton University Press
Total Pages: 328
Release: 2017-05-02
Genre: History
ISBN: 1400885183

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The politics and policies that led to America's expansion of the penal system and reduction of welfare programs In 1970s America, politicians began "getting tough" on drugs, crime, and welfare. These campaigns helped expand the nation's penal system, discredit welfare programs, and cast blame for the era's social upheaval on racialized deviants that the state was not accountable to serve or represent. Getting Tough sheds light on how this unprecedented growth of the penal system and the evisceration of the nation's welfare programs developed hand in hand. Julilly Kohler-Hausmann shows that these historical events were animated by struggles over how to interpret and respond to the inequality and disorder that crested during this period. When social movements and the slowing economy destabilized the U.S. welfare state, politicians reacted by repudiating the commitment to individual rehabilitation that had governed penal and social programs for decades. In its place, they championed strategies of punishment, surveillance, and containment. The architects of these tough strategies insisted they were necessary, given the failure of liberal social programs and the supposed pathological culture within poor African American and Latino communities. Kohler-Hausmann rejects this explanation and describes how the spectacle of enacting punitive policies convinced many Americans that social investment was counterproductive and the "underclass" could be managed only through coercion and force. Getting Tough illuminates this narrative through three legislative cases: New York's adoption of the 1973 Rockefeller drug laws, Illinois's and California's attempts to reform welfare through criminalization and work mandates, and California's passing of a 1976 sentencing law that abandoned rehabilitation as an aim of incarceration. Spanning diverse institutions and weaving together the perspectives of opponents, supporters, and targets of punitive policies, Getting Tough offers new interpretations of dramatic transformations in the modern American state.


Invisible Punishment

Invisible Punishment
Author: Meda Chesney-Lind
Publisher: The New Press
Total Pages: 370
Release: 2011-05-10
Genre: Law
ISBN: 1595587365

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In a series of newly commissioned essays from the leading scholars and advocates in criminal justice, Invisible Punishment explores, for the first time, the far-reaching consequences of our current criminal justice policies. Adopted as part of “get tough on crime” attitudes that prevailed in the 1980s and '90s, a range of strategies, from “three strikes” and “a war on drugs,” to mandatory sentencing and prison privatization, have resulted in the mass incarceration of American citizens, and have had enormous effects not just on wrong-doers, but on their families and the communities they come from. This book looks at the consequences of these policies twenty years later.


The Rise and Fall of the Rehabilitative Ideal, 1895-1970

The Rise and Fall of the Rehabilitative Ideal, 1895-1970
Author: Victor Bailey
Publisher: Routledge
Total Pages: 577
Release: 2019-04-09
Genre: Social Science
ISBN: 0429663889

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Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.


Punishing the Poor

Punishing the Poor
Author: Loïc Wacquant
Publisher: Duke University Press
Total Pages: 410
Release: 2009-05-22
Genre: Social Science
ISBN: 0822392259

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The punitive turn of penal policy in the United States after the acme of the Civil Rights movement responds not to rising criminal insecurity but to the social insecurity spawned by the fragmentation of wage labor and the shakeup of the ethnoracial hierarchy. It partakes of a broader reconstruction of the state wedding restrictive “workfare” and expansive “prisonfare” under a philosophy of moral behaviorism. This paternalist program of penalization of poverty aims to curb the urban disorders wrought by economic deregulation and to impose precarious employment on the postindustrial proletariat. It also erects a garish theater of civic morality on whose stage political elites can orchestrate the public vituperation of deviant figures—the teenage “welfare mother,” the ghetto “street thug,” and the roaming “sex predator”—and close the legitimacy deficit they suffer when they discard the established government mission of social and economic protection. By bringing developments in welfare and criminal justice into a single analytic framework attentive to both the instrumental and communicative moments of public policy, Punishing the Poor shows that the prison is not a mere technical implement for law enforcement but a core political institution. And it reveals that the capitalist revolution from above called neoliberalism entails not the advent of “small government” but the building of an overgrown and intrusive penal state deeply injurious to the ideals of democratic citizenship. Visit the author’s website.


Discipline and Punish

Discipline and Punish
Author: Michel Foucault
Publisher: Vintage
Total Pages: 354
Release: 2012-04-18
Genre: Social Science
ISBN: 0307819299

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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.


Progressive Punishment

Progressive Punishment
Author: Judah Schept
Publisher: NYU Press
Total Pages: 319
Release: 2015-12-04
Genre: Law
ISBN: 1479808776

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The growth of mass incarceration in the United States eludes neat categorization as a product of the political Right. Liberals played important roles in both laying the foundation for and then participating in the conservative tough-on-crime movement that is largely credited with the rise of the prison state. But can progressive polities, with their benevolent intentions, nevertheless contribute to the expansion of mass incarceration? In Progressive Punishment, Judah Schept offers an ethnographic examination into that liberal discourses about therapeutic justice and rehabilitation can uphold the logic, practices, and institutions that comprise the carceral state. Schept examines how political leaders on the Left, despite being critical of mass incarceration, advocated for a "justice campus" that would have dramatically expanded the local criminal justice system. At the root of this proposal, Schept argues, is a confluence of neoliberal-style changes in the community that naturalized prison expansion as political common sense for a community negotiating deindustrialization, urban decline, and the devolution of social welfare. While the proposal gained momentum, local activists worked to disrupt the logic of expansion and instead offer alternatives to reduce community reliance on incarceration. A well-researched and well-narrated study, Progressive Punishment provides an important and novel perspective on the relationship between liberal politics, neoliberalism, and mass incarceration. -- from back cover.