The Crisis Of Imprisonment

Author: Rebecca M. McLennan
Publisher: Cambridge University Press
ISBN: 1139467484
Size: 58.59 MB
Format: PDF
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America's prison-based system of punishment has not always enjoyed the widespread political and moral legitimacy it has today. In this groundbreaking reinterpretation of penal history, Rebecca McLennan covers the periods of deep instability, popular protest, and political crisis that characterized early American prisons. She details the debates surrounding prison reform, including the limits of state power, the influence of market forces, the role of unfree labor, and the 'just deserts' of wrongdoers. McLennan also explores the system that existed between the War of 1812 and the Civil War, where private companies relied on prisoners for labor. Finally, she discusses the rehabilitation model that has primarily characterized the penal system in the twentieth century. Unearthing fresh evidence from prison and state archives, McLennan shows how, in each of three distinct periods of crisis, widespread dissent culminated in the dismantling of old systems of imprisonment.

Before Dred Scott

Author: Anne Twitty
Publisher: Cambridge University Press
ISBN: 131698270X
Size: 11.97 MB
Format: PDF, ePub, Docs
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Before Dred Scott draws on the freedom suits filed in the St Louis Circuit Court to construct a groundbreaking history of slavery and legal culture within the American Confluence, a vast region where the Ohio, Mississippi, and Missouri Rivers converge. Formally divided between slave and free territories and states, the American Confluence was nevertheless a site where the borders between slavery and freedom, like the borders within the region itself, were fluid. Such ambiguity produced a radical indeterminacy of status, which, in turn, gave rise to a distinctive legal culture made manifest by the prosecution of hundreds of freedom suits, including the case that ultimately culminated in the landmark United States Supreme Court decision in Dred Scott vs Sandford. Challenging dominant trends in legal history, Before Dred Scott argues that this distinctive legal culture, above all, was defined by ordinary people's remarkable understanding of and appreciation for formal law.

From Slave Abuse To Hate Crime

Author: Ely Aaronson
Publisher: Cambridge University Press
ISBN: 1316147967
Size: 30.51 MB
Format: PDF
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This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these laws. A thought-provoking analysis of how criminal law reflects and constructs social norms, this book offers a new historical and theoretical perspective for analyzing the limits of current attempts to use criminal legislation as a weapon against racism.

Studies In Law Politics And Society

Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1780526229
Size: 69.34 MB
Format: PDF, ePub
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This volume of Studies in Law, Politics, and Society contains an international and interdisciplinary array of legal scholarship. Presenting diverse theoretical perspectives and methodological approaches, this work illuminates the laws response to its social context as well as the way law shapes that context. It shows how legal scholars contribute to public debate about contemporary issues as well as how they articulate the nature of rights and the limits of law.

Law S Imagined Republic

Author: Steven Wilf
Publisher: Cambridge University Press
ISBN: 0521196906
Size: 73.83 MB
Format: PDF, Mobi
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Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law.

Prison And Slavery A Surprising Comparison

Author: John Dewar Gleissner
Publisher: John Dewar Gleissner
ISBN: 1432753835
Size: 63.23 MB
Format: PDF, Docs
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* The U.S. has 5% of the worlds population and 25% of its prisoners.* In 1840, the U.S. had 2,487,455 slaves.* In 2009, the U.S. had 2,424,279 prisoners of all races.* Today, African-Americans in the correctional population, including those on probation and parole, outnumber all U.S. slaves in 1850.* The modern American prisoner is 20 times more likely to commit suicide than the antebellum slave. A surprising comparison using thorough research proves that modern mass incarceration is an unrealized social and financial disaster of mammoth proportions while antebellum slavery for most U.S. slaves was not as inhumane as many believe. This historically accurate book contrasts the modern American prison system with antebellum slavery. You will hear from hundreds of ex-slaves in their own words and learn the gruesome facts about our modern correctional population of 7.3 million Americans. In the Old South, outlaws were generally white people, while slaves were considered safe and never incarcerated race and crime are not truly related. The author proposes racially neutral reforms to reduce and improve incarceration through discipline and hard work, substantially helping taxpayers, victims of crime, our new age slaves in prison and the American economy. This book contains the only practical market-oriented, faith-based solutions to what the NAACPs president now regards as the greatest major crisis in our democracy, mass incarceration. Forget stereotypes. The facts will surprise you.

The Medieval Prison

Author: G. Geltner
Publisher: Princeton University Press
ISBN: 0691162050
Size: 15.79 MB
Format: PDF
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The modern prison is commonly thought to be the fruit of an Enlightenment penology that stressed man's ability to reform his soul. The Medieval Prison challenges this view by tracing the institution's emergence to a much earlier period beginning in the late thirteenth century, and in doing so provides a unique view of medieval prison life. G. Geltner carefully reconstructs life inside the walls of prisons in medieval Venice, Florence, Bologna, and elsewhere in Europe. He argues that many enduring features of the modern prison--including administration, finance, and the classification of inmates--were already developed by the end of the fourteenth century, and that incarceration as a formal punishment was far more widespread in this period than is often realized. Geltner likewise shows that inmates in medieval prisons, unlike their modern counterparts, enjoyed frequent contact with society at large. The prison typically stood in the heart of the medieval city, and inmates were not locked away but, rather, subjected to a more coercive version of ordinary life. Geltner explores every facet of this remarkable prison experience--from the terror of an inmate's arrest to the moment of his release, escape, or death--and the ways it was viewed by contemporary observers. The Medieval Prison rewrites penal history and reveals that medieval society did not have a "persecuting mentality" but in fact was more nuanced in defining and dealing with its marginal elements than is commonly recognized.

Slavery By Another Name

Author: Douglas A. Blackmon
Publisher: Icon Books
ISBN: 1848314132
Size: 70.85 MB
Format: PDF, Mobi
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A Pulitzer Prize-winning history of the mistreatment of black Americans. In this 'precise and eloquent work' - as described in its Pulitzer Prize citation - Douglas A. Blackmon brings to light one of the most shameful chapters in American history - an 'Age of Neoslavery' that thrived in the aftermath of the Civil War through the dawn of World War II. Using a vast record of original documents and personal narratives, Blackmon unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude thereafter. By turns moving, sobering and shocking, this unprecedented account reveals these stories, the companies that profited the most from neoslavery, and the insidious legacy of racism that reverberates today.