The Open Access Publisher and Free Library
13-punishment.jpg

PUNISHMENT

Posts tagged history
Penal Philosophy

By Gabriel Tarde. Translated by Rapelje Howell

From the Introduction by Piers Beirne. ”…. Tarde's interventions in criminology are among the most elusive in the discipline. One among several reasons for this is that he was an insular and often bitter antagonist who cultivated neither the allies nor the disciples required of a systematic intellectual legacy. Indeed, almost to the end of his life, Tarde was unique among French academics in that, despising the intellectual domination of the metropolis, he had no secure position within the all-powerful French university system. Tarde's self-imposed isolation has doubtless contributed to the unfortunate fact that his many intellectual, political, and organizational interventions in the formative years of criminology tend nowadays to be relegated to the status of little more than a footnote in intellectual history….”

New Brunswick. Transaction. 2001. 606p. CONTAINS MARK-UP

The History of Persecution

By S. Chandler.

From the Preface by Charles Atmore.: This work comprises everything of importance connected with the dreadful persecutions which have disgraced human nature, both in ancient and modern times, both at home and abroad ; and is designed to prove that the things for which Christians have persecuted one another have generally been of small importance; that pride, ambition, and covetousness, have been the grand sourses of persecution; and that the religion of Jesus Christ absolutely condemns all persecution for conscience sake…..While this work was in the press, one of the most important events to Religious Liberty occurred, which has taken place the glorious area of The Revolution, in 1688 viz. the repeal of the Persecuting laws, and the passing of the New Toleration Act. This event is so closely connected with the subject matter of work, and reflects so much honour on the British government and nation that I feel highly gratified in affording the reader, a detail of the various steps which were taken to obtain that Act : which www effectually secures to every subject of the British Em.Empire all the Religious Liberty he can expect or desire. I willingly record this memorial, that we, and our children after us, may know how to appreciate our invaluable privileges ; and that the names of those nobleman and others who boldly stood forth in fthedefence and support of Religious Toleration, might be handed down to posterity, that “ our children may tell their children, and their children another generation.”

London. Longman Hirst et al. 1813.514p.

Foxe's Book Of Martyrs And The Elect Nation

By William Haller

From the Preface. My intention in these pages is to offer an account of the usually referred to as The Book of Martyrs, in what I conceive to be the context of its own time. The account is based primanly on a study of that book in the successive versions and editions published by the author in his lifetime and of the relevant contemporary literature ofProtestant edification and propaganda. Foxe published two preliminary versions of his book on the Continent in 1554 and 1559, the first English version in 1563. A much revised and greatly enlarged version in 1570, and two editions in 1576 and 138g with some further revisions and additions but no significant changes. In the century after his death five more editions, based on the text of 1583, appeared in 1596, 1610, 1631-2, 1641 and 1684. The same text, slightly bowdlerized and at certain points somewhat awkwardly conflated with the text of 1563, was again reproduced in an edition in eight volumes issued by S.R. Cattley in 1837, later revised by Josiah Pratt,and reissued with pagination unchangedi 1843-9, 1870 and 1877. Quotations from the book in the following pages correspond to the text as it appearsin the Cattley-Pratt edition, corrected as may be necessary according to theoriginal. Spelling and punctuation have been regulated according to present usage. Of the numerous other editions or versions of Foxe's book published subsequentlyto 1684. I have examined a considerable number but not all, and have found none to be complete and many to be grossly corrupt. Most of the stories ofthe Marian martyrs appeared for the first time in print in the pages of Foxe's book, but some were published separately on the Continent during Mary’s reign…”

London. Bayler and Son. 1963. 275p.

Torture and the Law of Proof : Europe and England in the Ancien Régime

By John H. Langbein

In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it.

The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.

Chicago. he University of Chicago Press. 1976. 230p.

Flogging Others: Corporal Punishment and Cultural Identity from Antiquity to the Present

By C. Geltner

From the cover: Corporal punishment is often seen as a litmus test for a society’s degree of civilization. Its licit use purports to separate modernity from premodernity, enlightened from barbaric cultures. As Geltner argues, however, neither did the infliction of bodily pain typify earlier societies nor did it vanish from penal theory, policy, or practice. Far from displaying a steady decline that accelerated with die Enlightenment, physical punishment was contested throughout Antiquity and the Middle Ages, its application expanding and contracting under diverse pressures. Moreover, despite the integration of penal incarceration into criminal justice systems since the nineteenth century, modem nation states and colonial regimes increased rather than limited the use of corporal punishment. Flogging Others thus challenges a common understanding of modernization and Western identity and underscores earlier civilizations' nuanced approaches to punishment, deviance, and the human body. Today as in the past, corporal punishment thrives due to its capacity to define otherness efficiently and unambiguously, either as a measure acting upon a deviant's body or as a practice that epitonuzes — in the eyes of external observers — a culture's backwardness.

Amsterdam. Amsterdam University Press. 2014. 110p.

Conscience and Convenience: The Asylum and its Alternatives in Progressive America

By David J. Rothman

From the cover: This book makes a unique and significant Contribution to American social history and so­cial policy. It explores, as no other work has done, the origins and consequences of the pro­grams that have dominated criminal justice, juvenile justice, and mental health in the twen­tieth century. David Rothman combines his skills as a historian with his knowledge of con­temporary social problems to interpret the practices of probation, parole, and indetermi- late sentences; the juvenile courts; the outpa­tient clinics; and the contemporary design of the penitentiary, the reformatory, and the men­tal hospital. Conscience and Convenience is a worthy suc- jessor to David Rothman’s prizewinning and uglily influential book. The Discovery of the \syhnn. Just as that volume analyzed the ori­gins of institutions for* the deviant and the de­pendent, so this study casts new light on the modern effort to reform the asylum and devise ilternatives for it. And once again, his appraisal urthers our understanding of the fundamental character of social order and disorder in the Jnited States.

The title points to the dynamic that is at the core of the book. Progressive-Era men and ,vomen of good conscience introduced the mea­sures mentioned above with the intention of iroviding individualized cure and treatment or the deviants and thereby solving the prob- ems of crime and mental illness. But to appre­ciate the fate of these reforms, one must reckon .vith convenience. Administrators, from war- lens to judges to mental hospital superin- endents, turned these procedures to their pwn advantage. The result was a hybrid pro­gram whose flaws we are only beginning to Imderstand.

Boston. Little, Brown and Co. 1980. 459p.

Lockdown America: Police and Prisons in the Age of Crisis

By Christian Parenti

The first section of the book deals with the recent history of American poUt- ical economy and the origins of the current criminal justice buildup. The second explores some important forms of policing, like New York—style zero tolerance, SWAT teams, and the Immigration and Naturalization Service (INS) war on immigrants. The third deals with prison: the politics of life inside (gangs, rape, and brutality) and incarceration's role in reproducing the US economic and social order. This book is written with a linear, broadly historical narrative, but readers should feel free to digest the chapters in any order they wish

VERSO. London. New York. 1999. 312p.

International Handbook of Penology and Criminal Justice

Edited by Shlomo Giora Shoham, Ori Beck and Martin Kett

The first comparative study of this increasingly integral social subject, International Handbook of Penology and Criminal Justice provides a comprehensive and balanced review of the philosophy and practicality of punishment. Drawn from the expertise of scholars and researchers from around the world, this book covers the theory, practice, history, and empirical evidence surrounding crime prevention, identification, retribution, and incarceration. It analyzes the efficacy of both traditional methods and thinking as well as novel concepts and approaches. The book evaluates arguments regarding the world-wide abolition of capitol punishment from moral, utilitarian, and practical positions. It examines non-incarcerative and alternative punishments such as financial restoration and restrictions of liberty, as well as the positive effects of Victim Offender Mediation. It also considers several methods aimed at achieving measurable crime prevention including identifying at-risk juveniles and minimizing crimes of opportunity, as well as the pros and cons of employing the coercive power of police. Further essays consider subjects such as international policing, the roles of prosecution and defense attorneys, current discretionary sentencing practices, and the role and treatment of victims. The volume concludes with two chapters of case studies that provide a "hands-on" feel for the interplay of the concepts discussed.

Boca Raton, FL: CRC Press, 2008. 802p.

American Penology: A History of Control

By Karol Lucken and Thomas G. Blomberg

The purpose of American Penology is to provide a story of punishment's past, present, and likely future. The story begins in the 1600s, in the setting of colonial America, and ends in the present As the story evolves through various historical and contemporary settings, America's efforts to understand and control crime unfold. The context, ideas, practices, and consequences of various punishment reforms are described and examined. Though the book's broader scope and purpose can be distinguished from prior efforts, it necessarily incorporates many contributions from this rich literature. These many contributions are explicitly discussed in the book, and their relationship to the story of American penology is self-evident (e.g., the rise of prisons, reformatories, probation, parole, and juvenile courts, the origins and functions of prison subcultures, the needs of special inmate populations, the effectiveness of community-based alternatives to incarceration). It is important to acknowledge that while this book incorporates selected descriptions of historical contingencies in relation to particular eras and punishment ideas and practices, it does not provide individual "histories" of these eras. Rather than doing history, this book uses history to frame and help explain particular punishment ideas and practices in relation to the period and context from which they evolved. The authors focus upon selected demographic, economic, political, religious, and intellectual con-tingencies that are associated with particular historical and contemporary eras to suggest how these contingencies shaped America's punishment ideas and practices. The purpose is to inform the reader about American penology's story as it evolved over several centuries. The focus is purposely narrowed to major punishment reform eras and selected historical influences. In offering a new understanding of received notions of crime control, Blomberg and Lucken not only provide insights into its future, but also show how the larger culture of control extends beyond the field of criminology to have an impact on declining levels of democracy, freedom, and privacy.

New York: Aldine de Gruyter, 2000. 400p.

The Society of Captives: A Study of a Maximum Security Prison

By Gresham M. Sykes

The Society of Captives, first published in 1958, is a classic of modern criminology and one of the most important books ever written about prison.

Gresham Sykes wrote the book at the height of the Cold War, motivated by the world’s experience of fascism and communism to study the closest thing to a totalitarian system in American life: a maximum security prison. His analysis calls into question the extent to which prisons can succeed in their attempts to control every facet of life — or whether the strong bonds between prisoners make it impossible to run a prison without finding ways of “accommodating” the prisoners.

Princeton, NJ: Princeton University Press, 1958. 168p.

The Old Bailey and Newgate -Part 1

By Charles Gordon

“This gate hath of long time been a gaol, or prison, for felons and trespassers, as appareth by records in the reign of King John, and of other kings; amongst the which I find one testifying that, in the year 1218, the third year of King Henry III, the king written to the sheriffs of London, commanding them to repair the old gate of Newgate for the safe keeping of his prisoners,….”

London. Fisher Unwin.1902. 186 pages.