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. (shrink)

A. W. Brian Simpson, Cannibalism and the Common Law Chicago: The University of Chicago Press, 1984.

Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper political (...) and social conflicts. The volume as a whole shows how lively and exciting contemporary legal theory can be. (shrink)

This collection of essays by philosophers, political theorists, and social critics ranges over two millennia--from the ideas of Plato and Aristotle to those of contemporary thinkers such as John Rawls and Robert Nozick. It examines the nature of justice, its importance in human life, and its place among the other virtues. The scope of the collection gives a clear picture of the differences and continuities that have marked the debate: Plato's emphasis on the ideal of "sticking to one's task" contrasts (...) with the modern emphasis on individual rights, while the account of justice as part of the law of nature offered by Aristotle and Cicero contrasts with Hume's analysis of justice as an artificial virtue. Alan Ryan's introductory essay emphasizes the stringency of justice--showing how its demands can conflict with considerations of the general welfare. The book concludes with a discussion of Marx's view that justice is perhaps merely a concession to a world of scarcity and selfishness created by capitalist necessities. An excellent guide to interpretations of one of the central values of political life and thought, this book will interest students and scholars of political theory and philosophy. (shrink)

Murphy tells us that he has published this collection of papers “with some personal reluctance;” and he has done so “mainly because many friends and colleagues have suggested that at least some of them deserve the wider circulation that only a book makes possible.” They “show [his] thinking in a period of transition”.

The Maccabean Lecture by the most outspoken prestigious opponent of the Wolfenden reform proposal. Answered by Stuart Hampshire, A.J. Ayer, et al.--Jim Kepner.

Though the Revised Edition of A Theory of Justice, published in 1999, is the definitive statement of Rawlsıs view, so much of the extensive literature on ...

This paper explores analyzing criminal responsibility from the Humean position that blame is for character traits. If untoward acts indicate undesirable character traits, then the agent is blameworthy; if they do not, then the actor is not blameworthy — he has an excuse. A distinctive feature of this approach is that that voluntariness of acts is irrelevant to determining blameworthiness.This analysis is then applied to a variety of issues in criminal law. Mens supports inferences to character traits, and the Humean (...) approach provides a reason for rejeting strict criminal liability. The Humean approach also helps resolve a number of issues about attempts, such as punishment for impossible attempts and the defense of abandonment. It also supports the broad outlines of the defense of mistake and provides a third alternative in the Wooton-Hart debate over punishment and treatment. (shrink)

William Godwin, also known as Edward Baldwin and Theophilus Marcliffe, (1756-1836) was an English journalist, political philosopher and novelist. He is considered one of the first exponents of utilitarianism, and one of the first modern proponents of philosophical anarchism. He is most famous for two books that he published within the space of a year: Enquiry Concerning Political Justice and its Influence on Modern Morals and Happiness (1793), an attack on political institutions, and Caleb Williams; or, Things as They Are (...) (1794), which attacks aristocratic privilege, but also is virtually the first mystery novel. He wrote prolifically in the genres of novels, history and demography throughout his life time. With his wife, Mary Jane Clairmont, he wrote children's primers on Biblical and classical history, which he published along with such works as Charles and Mary Lamb's Tales From Shakespeare. He also has had considerable influence on British literature and literary culture. His other works include Memoirs of the Author of 'A Vindication of the Rights of Woman' (1798), Life of Chaucer (1803), Cloudesley (1830) and Deloraine (1833). (shrink)

Crime, Reason and History provides an alternative approach to the study of the general principles of criminal law. It emphasises, in contrast to orthodox texts, the tensions and contradictions at the law's heart. The author outlines the themes of responsibility, rationality and justice which govern the orthodox criminal law text. He traces these to the early nineteenth century reform of the criminal law and notes conflicts within reform ideologies relating to the idea of the 'responsible individual'. He then takes the (...) reader through the bulk of the criminal law's 'general part' showing how conflicts from reform ideology emerge within criminal law. An historical and political logic underlies its illogicalities, giving it its 'shape'. The author presents a sceptical critique of the liberal positivist tradition in criminal law scholarship, and a social analysis of both its practical necessity and intellectual impossibility. He shows how the ideology of individual legal justice was imposed as a means of excluding alternative political voices, while recognising its importance for the survival of the liberal polity. (shrink)

Professor Robinson provides a new critique of the often neglected problem of classification within the criminal law. He presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, Robinson argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample (...) codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide. (shrink)