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Theorizing Legal Punishment (Routledge Research in Legal Philosophy)
Par Richard L. Lippke. 2024
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking.…
The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.Hakuin's Song of Zazen: Yamada Mumon Roshi on Zen Practice
Par Yamada Mumon Roshi. 2024
Renowned modern Zen master Yamada Mumon Rōshi uses Hakuin&’s famous poem of spiritual realization, Song of Zazen, as a starting point…
to embark on a lively commentary on Zen practice in contemporary life.First published in Japan in 1962, Hakuin&’s Song of Zazen is a celebrated collection of short essays by Zen master Yamada Mumon Rōshi. Translated into English for the first time, it introduces the story of Hakuin&’s early life and training, then uses his classic Zen chanting poem, Song of Zazen, to make wide-ranging considerations of the Zen tradition and its applications in modern Japanese life. As Daisetz Suzuki remarks in his foreword, what gives Mumon&’s book its unique flavor and makes it different from previous works by Zen teachers are his forays into matters of ordinary, everyday life, expanding his Zen teaching to encompass interests that are closely linked with his lay audience. He responds to a news article that catches his eye in the morning paper, delivers criticism on contemporary political and social trends, explores matters as diversified as the uses of atomic energy, the court culture of seventeenth-century France, a leper hospital on an island in the Inland Sea, Albert Schweitzer and other noted Western figures—and more. In doing this Mumon gives readers open access to the opinions, judgements, and practical thinking of a leading Zen master—a map of his planet, so to speak. Each brief chapter of Mumon&’s book is an invitation to follow Hakuin and himself down the path of true Zen realization.Mafias on the Move: How Organized Crime Conquers New Territories
Par Federico Varese. 2011
"A compelling read and an impeccable work of reference."—John le CarréOrganized crime is spreading like a global virus as mobs…
take advantage of open borders to establish local franchises at will. That at least is the fear, inspired by stories of Russian mobsters in New York, Chinese triads in London, and Italian mafias throughout the West.As Federico Varese explains in this compelling and daring book, the truth is more complicated. Varese has spent years researching mafia groups in Italy, Russia, the United States, and China, and argues that mafiosi often find themselves abroad against their will, rather than through a strategic plan to colonize new territories. Once there, they do not always succeed in establishing themselves. Varese spells out the conditions that lead to their long-term success, namely sudden market expansion that is neither exploited by local rivals nor blocked by authorities. Ultimately the inability of the state to govern economic transformations gives mafias their opportunity.In a series of matched comparisons, Varese charts the attempts of the Calabrese 'Ndrangheta to move to the north of Italy, and shows how the Sicilian mafia expanded to early twentieth-century New York, but failed around the same time to find a niche in Argentina. He explains why the Russian mafia failed to penetrate Rome but succeeded in Hungary. In a pioneering chapter on China, he examines the challenges that triads from Taiwan and Hong Kong find in branching out to the mainland. Based on ground-breaking field work and filled with dramatic stories, this book is both a compelling read and a sober assessment of the risks posed by globalization and immigration for the spread of mafias.Caught: The Prison State and the Lockdown of American Politics
Par Marie Gottschalk. 2016
A major reappraisal of crime and punishment in AmericaThe huge prison buildup of the past four decades has few defenders,…
yet reforms to reduce the numbers of those incarcerated have been remarkably modest. Meanwhile, an ever-widening carceral state has sprouted in the shadows, extending its reach far beyond the prison gate. It sunders families and communities and reworks conceptions of democracy, rights, and citizenship—posing a formidable political and social challenge. In Caught, Marie Gottschalk examines why the carceral state remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies—one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism.With a new preface evaluating the effectiveness of recent proposals to reform mass incarceration, Caught offers a bracing appraisal of the politics of penal reform.Dangerous Sex, Invisible Labor: Sex Work and the Law in India
Par Prabha Kotiswaran. 2011
Popular representations of third-world sex workers as sex slaves and vectors of HIV have spawned abolitionist legal reforms that are…
harmful and ineffective, and public health initiatives that provide only marginal protection of sex workers' rights. In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in India. Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective.The Little Book of Buddhism: An Introduction to the Key Figures, Beliefs and Practices You Need to Know
Par Georgina-Kate Adams. 2023
Discover the history, teachings and practices of one of the world's oldest religions with this pocket-sized introduction to BuddhismWho was…
the Buddha? What's the difference between enlightenment and awakening? Do Buddhists believe in God? Discover all this and more with this beginner's guide to one of the world's oldest and most widely practiced philosophies.The Little Book of Buddhism provides an accessible and engaging overview of the religion, including its origins, worldview and key figures. This book is the perfect guide for anyone with an interest in the subject, wanting to brush up their knowledge, or looking to apply Buddhist practices to their daily life.This pocket-sized introduction will help you understand: Who Gautama Buddha was, and how Buddhism developed into the fourth-biggest religion in the world The difference between the two major branches of Buddhism: Theravada and Mahayana The most important Buddhists beliefs and practices, from the Four Noble Truths and the cycle of rebirth (Samsara) to mindfulness and meditation The prevalence of Buddhism around the world today, and how its teachings can apply to modern-day life And much more!Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement
Par James L. Nolan. 2009
A wide variety of problem-solving courts have been developed in the United States over the past two decades and are…
now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.Cop in the Hood: My Year Policing Baltimore's Eastern District
Par Peter Moskos. 2009
When Harvard-trained sociologist Peter Moskos left the classroom to become a cop in Baltimore's Eastern District, he was thrust deep…
into police culture and the ways of the street--the nerve-rattling patrols, the thriving drug corners, and a world of poverty and violence that outsiders never see. In Cop in the Hood, Moskos reveals the truths he learned on the midnight shift. Through Moskos's eyes, we see police academy graduates unprepared for the realities of the street, success measured by number of arrests, and the ultimate failure of the war on drugs. In addition to telling an explosive insider's story of what it is really like to be a police officer, he makes a passionate argument for drug legalization as the only realistic way to end drug violence--and let cops once again protect and serve. In a new afterword, Moskos describes the many benefits of foot patrol--or, as he calls it, "policing green."Serial Killers: Shocking True Stories of the World's Most Barbaric Murderers
Par Jamie King. 2024
A gripping true crime compendium of some of the world's most infamous and shocking mass murderers, such as John Wayne…
Gacy, the Boston Strangler, the Moors murderers and Harold Shipman, as well as some lesser-known figures. This book not only relates the disturbing events that transpired but also delves into the psychology of the perpetrators.Innumerable studies have appeared in recent decades about practically every aspect of women's lives in Western societies. The few such…
works on Buddhism have been quite limited in scope. In The Power of Denial, Bernard Faure takes an important step toward redressing this situation by boldly asking: does Buddhism offer women liberation or limitation? Continuing the innovative exploration of sexuality in Buddhism he began in The Red Thread, here he moves from his earlier focus on male monastic sexuality to Buddhist conceptions of women and constructions of gender. Faure argues that Buddhism is neither as sexist nor as egalitarian as is usually thought. Above all, he asserts, the study of Buddhism through the gender lens leads us to question what we uncritically call Buddhism, in the singular. Faure challenges the conventional view that the history of women in Buddhism is a linear narrative of progress from oppression to liberation. Examining Buddhist discourse on gender in traditions such as that of Japan, he shows that patriarchy--indeed, misogyny--has long been central to Buddhism. But women were not always silent, passive victims. Faure points to the central role not only of nuns and mothers (and wives) of monks but of female mediums and courtesans, whose colorful relations with Buddhist monks he considers in particular. Ultimately, Faure concludes that while Buddhism is, in practice, relentlessly misogynist, as far as misogynist discourses go it is one of the most flexible and open to contradiction. And, he suggests, unyielding in-depth examination can help revitalize Buddhism's deeper, more ancient egalitarianism and thus subvert its existing gender hierarchy. This groundbreaking book offers a fresh, comprehensive understanding of what Buddhism has to say about gender, and of what this really says about Buddhism, singular or plural.When Brute Force Fails: How to Have Less Crime and Less Punishment
Par Mark A. Kleiman. 2010
Cost-effective methods for improving crime control in AmericaSince the crime explosion of the 1960s, the prison population in the United…
States has multiplied fivefold, to one prisoner for every hundred adults—a rate unprecedented in American history and unmatched anywhere in the world. Even as the prisoner head count continues to rise, crime has stopped falling, and poor people and minorities still bear the brunt of both crime and punishment. When Brute Force Fails explains how we got into the current trap and how we can get out of it: to cut both crime and the prison population in half within a decade.Mark Kleiman demonstrates that simply locking up more people for lengthier terms is no longer a workable crime-control strategy. But, says Kleiman, there has been a revolution—largely unnoticed by the press—in controlling crime by means other than brute-force incarceration: substituting swiftness and certainty of punishment for randomized severity, concentrating enforcement resources rather than dispersing them, communicating specific threats of punishment to specific offenders, and enforcing probation and parole conditions to make community corrections a genuine alternative to incarceration. As Kleiman shows, "zero tolerance" is nonsense: there are always more offenses than there is punishment capacity. But, it is possible—and essential—to create focused zero tolerance, by clearly specifying the rules and then delivering the promised sanctions every time the rules are broken.Brute-force crime control has been a costly mistake, both socially and financially. Now that we know how to do better, it would be immoral not to put that knowledge to work.The Tibetan Book of the Dead: A Biography (Lives of Great Religious Books #8)
Par Donald S. Lopez. 2011
How an eccentric spiritualist from Trenton, New Jersey, helped create the most famous text of Tibetan BuddhismThe Tibetan Book of…
the Dead is the most famous Buddhist text in the West, having sold more than a million copies since it was first published in English in 1927. Carl Jung wrote a commentary on it, Timothy Leary redesigned it as a guidebook for an acid trip, and the Beatles quoted Leary's version in their song "Tomorrow Never Knows." More recently, the book has been adopted by the hospice movement, enshrined by Penguin Classics, and made into an audiobook read by Richard Gere. Yet, as acclaimed writer and scholar of Buddhism Donald Lopez writes, "The Tibetan Book of the Dead is not really Tibetan, it is not really a book, and it is not really about death." In this compelling introduction and short history, Lopez tells the strange story of how a relatively obscure and malleable collection of Buddhist texts of uncertain origin came to be so revered—and so misunderstood—in the West.The central character in this story is Walter Evans-Wentz (1878-1965), an eccentric scholar and spiritual seeker from Trenton, New Jersey, who, despite not knowing the Tibetan language and never visiting the country, crafted and named The Tibetan Book of the Dead. In fact, Lopez argues, Evans-Wentz's book is much more American than Tibetan, owing a greater debt to Theosophy and Madame Blavatsky than to the lamas of the Land of Snows. Indeed, Lopez suggests that the book's perennial appeal stems not only from its origins in magical and mysterious Tibet, but also from the way Evans-Wentz translated the text into the language of a very American spirituality.Handbuch Cyberkriminologie 2: Phänomene und Auswirkungen (Cyberkriminologie – Theorien, Methoden, Erscheinungsformen)
Par Thomas-Gabriel Rüdiger, P. Saskia Bayerl. 2023
Dieses Handbuch ist eine umfassende Darstellung der Cyberkriminologie als eigenständige, kriminologische Disziplin. Es versammelt grundlegende Beiträge zu Theorien, Methoden, Phänomenen…
und rechtlichen Grundlagen ebenso wie den organisationalen Voraussetzungen zur effektiven Prävention, Identifikation und Bekämpfung von strafbaren Verhaltensweisen im digitalen Raum. Das Handbuch bietet fundierte wissenschaftliche Analysen und Diskussionen zu digitalen Phänomenen von Kriminalität, Täterschaft und Viktimisierung sowie innovative Lösungsansätze. Es versteht sich als Nachschlagewerk für Forschung, Studium und Praxis und richtet sich damit gleichermaßen an Wissenschaft wie polizeiliche und artverwandte Praxis.Der zweite Band des Handbuchs beschreibt die Vielfalt cyberkriminologischer Phänomene und polizeiliche Voraussetzungen und Anpassungsbedarfe.Codes of the Underworld: How Criminals Communicate
Par Diego Gambetta. 2009
The signs and signals of criminal communicationHow do criminals communicate with each other? Unlike the rest of us, people planning…
crimes can't freely advertise their goods and services, nor can they rely on formal institutions to settle disputes and certify quality. They face uniquely intense dilemmas as they grapple with the basic problems of whom to trust, how to make themselves trusted, and how to handle information without being detected by rivals or police. In this book, one of the world's leading scholars of the mafia ranges from ancient Rome to the gangs of modern Japan, from the prisons of Western countries to terrorist and pedophile rings, to explain how despite these constraints, many criminals successfully stay in business.Diego Gambetta shows that as villains balance the lure of criminal reward against the fear of dire punishment, they are inspired to unexpected feats of subtlety and ingenuity in communication. He uncovers the logic of the often bizarre ways in which inveterate and occasional criminals solve their dilemmas, such as why the tattoos and scars etched on a criminal's body function as lines on a professional résumé, why inmates resort to violence to establish their position in the prison pecking order, and why mobsters are partial to nicknames and imitate the behavior they see in mafia movies. Even deliberate self-harm and the disclosure of their crimes are strategically employed by criminals to convey important messages.By deciphering how criminals signal to each other in a lawless universe, this gruesomely entertaining and incisive book provides a quantum leap in our ability to make sense of their actions.Death and Redemption: The Gulag and the Shaping of Soviet Society
Par Steven A. Barnes. 2011
Death and Redemption offers a fundamental reinterpretation of the role of the Gulag--the Soviet Union's vast system of forced-labor camps,…
internal exile, and prisons--in Soviet society. Soviet authorities undoubtedly had the means to exterminate all the prisoners who passed through the Gulag, but unlike the Nazis they did not conceive of their concentration camps as instruments of genocide. In this provocative book, Steven Barnes argues that the Gulag must be understood primarily as a penal institution where prisoners were given one final chance to reintegrate into Soviet society. Millions whom authorities deemed "reeducated" through brutal forced labor were allowed to leave. Millions more who "failed" never got out alive. Drawing on newly opened archives in Russia and Kazakhstan as well as memoirs by actual prisoners, Barnes shows how the Gulag was integral to the Soviet goal of building a utopian socialist society. He takes readers into the Gulag itself, focusing on one outpost of the Gulag system in the Karaganda region of Kazakhstan, a location that featured the full panoply of Soviet detention institutions. Barnes traces the Gulag experience from its beginnings after the 1917 Russian Revolution to its decline following the 1953 death of Stalin. Death and Redemption reveals how the Gulag defined the border between those who would reenter Soviet society and those who would be excluded through death.Getting Saved in America: Taiwanese Immigration and Religious Experience
Par Carolyn Chen. 2008
What does becoming American have to do with becoming religious? Many immigrants become more religious after coming to the United…
States. Taiwanese are no different. Like many Asian immigrants to the United States, Taiwanese frequently convert to Christianity after immigrating. But Americanization is more than simply a process of Christianization. Most Taiwanese American Buddhists also say they converted only after arriving in the United States even though Buddhism is a part of Taiwan's dominant religion. By examining the experiences of Christian and Buddhist Taiwanese Americans, Getting Saved in America tells "a story of how people become religious by becoming American, and how people become American by becoming religious." Carolyn Chen argues that many Taiwanese immigrants deal with the challenges of becoming American by becoming religious. Based on in-depth interviews with Taiwanese American Christians and Buddhists, and extensive ethnographic fieldwork at a Taiwanese Buddhist temple and a Taiwanese Christian church in Southern California, Getting Saved in America is the first book to compare how two religions influence the experiences of one immigrant group. By showing how religion transforms many immigrants into Americans, it sheds new light on the question of how immigrants become American.The Hoods: Crime and Punishment in Belfast
Par Heather Hamill. 2010
A distinctive feature of the conflict in Northern Ireland over the past forty years has been the way Catholic and…
Protestant paramilitaries have policed their own communities. This has mainly involved the violent punishment of petty criminals involved in joyriding and other types of antisocial behavior. Between 1973 and 2007, more than 5,000 nonmilitary shootings and assaults were attributed to paramilitaries punishing their own people. But despite the risk of severe punishment, young petty offenders--known locally as "hoods"--continue to offend, creating a puzzle for the rational theory of criminal deterrence. Why do hoods behave in ways that invite violent punishment? In The Hoods, Heather Hamill explains why this informal system of policing and punishment developed and endured and why such harsh punishments as beatings, "kneecappings," and exile have not stopped hoods from offending. Drawing on a variety of sources, including interviews with perpetrators and victims of this violence, the book argues that the hoods' risky offending may amount to a game in which hoods gain prestige by displaying hard-to-fake signals of toughness to each other. Violent physical punishment feeds into this signaling game, increasing the hoods' status by proving that they have committed serious offenses and can "manfully" take punishment yet remained undeterred. A rare combination of frontline research and pioneering ideas, The Hoods has important implications for our fundamental understanding of crime and punishment.Taking Stock of Homicide: Trends, Emerging Themes, and Research Challenges
Par Karen F. Parker, Richard Stansfield, and Ashley M. Mancik. 2024
Taking Stock of Homicide provides a critical look at homicide, offering a comprehensive review of the major areas of homicide…
research, including topics largely unexplored in the literature, such as qualitative and historical accounts. Featuring leading scholars, this volume is organized around key themes and areas that reflect major contemporary trends and patterns in criminological literature. Chapters consider fundamentals such as data collection, sources, and histories; structural dynamics, including methodologies and fieldwork plus factors involving race and public health; the circumstances, types, and variations in homicide, from intimate partner violence to gangs, drugs, and firearms; as well as the prevention of and responses to homicide. An essential state-of-the-discipline examination, Taking Stock of Homicide expands our knowledge while offering a toolkit for how to conduct future research on this serious, violent crime. Contributors: Mark Berg, Laura Boisten, Anthony Braga, Fiona Brookman, Shytierra Gaston, Veronica Valencia Gonzalez, Elizabeth Griffiths, Chris Guerra, John Hipp, John Jarvis, Helen Jones, Sharon Jones-Eversley, Jungmyung Kim, Kenneth Land, Marieke Liem, Michael Light, Xiaoshuang Iris Luo, Amy Magnus, Patricia McCall, Erin Orrick, Alex Piquero, William Pridemore, David Pyrooz, Arnaldo Rabolini, Kasey Ragan, Wendy Regoeczi, Johnny Rice II, Jacqueline Rhoden-Trader, Ethan Rogers, Meghan Rodgers, Randolph Roth, Jose Antonio Sanchez, Daniel Semenza, James Tuttle, Jolien van Breen, Kirk Williams, and the editorsDisrupting the School-to-Prison Pipeline (HER Reprint Series)
Par SofÍa Bahena. 2012
A trenchant and wide-ranging look at this alarming national trend, Disrupting the School-to-Prison Pipeline is unsparing in its account of…
the problem while pointing in the direction of meaningful and much-needed reforms.The &“school-to-prison pipeline&” has received much attention in the education world over the past few years. A fast-growing and disturbing development, it describes a range of circumstances whereby &“children are funneled out of public schools and into the juvenile and criminal justice systems.&” Scholars, educators, parents, students, and organizers across the country have pointed to this shocking trend, insisting that it be identified and understood—and that it be addressed as an urgent matter by the larger community.This new volume from the Harvard Educational Review features essays from scholars, educators, students, and community activists who are working to disrupt, reverse, and redirect the pipeline. Alongside these authors are contributions from the people most affected: youth and adults who have been incarcerated, or whose lives have been shaped by the school-to-prison pipeline. Through stories, essays, and poems, these individuals add to the book&’s comprehensive portrait of how our education and justice systems function—and how they fail to serve the interests of many young people."Crime and Nature
Par Marcus Felson. 2006
Crime and Nature, written by the always innovative and original Marcus Felson, is the first text to provide students with…
a unique, new perspective for thinking about crime and how modern society can reduce crime′s ecosystem and limit its diversity. Key FeaturesConnects crime to its larger world: This innovative book shows how crime draws from the larger ecosystem, that is, how offenders hunt for targets and how they depend on one another. Extending crime ecology well beyond other works, this book shows how to help shut off crime opportunities and reduce crime in local areas. An examination of how people defend against crime is also provided. Stimulates critical thinking about crime: Crime feeds off of legal activities, both shady and legitimate. Through a wealth of examples, ranging from racketeering to juvenile street gangs, this book shows criminology students what to look for and how to sort it out. The author uses recent empirical studies to validate the principles presented and draws from a wealth of experience in other fields, always keeping an eye on what every criminologist needs to know. Presents intriguing, useful information in an engaging and unique style: Writing in a warm and personal voice, the author uses an engaging, student-friendly style to build a sophisticated view of crime in small, sure steps. Down-to-earth ideas and examples are presented through concise exhibits. Intended AudienceThis is an excellent supplementary text for a variety of undergraduate courses in criminology and criminal justice, including Criminological Theory, Crime Control and Prevention, Introduction to Criminology, Law and Society, and Social Problems. It will have a lasting impact on present and future criminologists.