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PUNISHMENT

Posts in rule of law
Capital Punishment and the Criminal Corpse in Scotland, 1740–1834

By Rachel E. Bennett.

Capital punishment has a long and storied global history. Within the annals of this penal narrative, the eighteenth and nineteenth centuries have offered a sustained attraction to historians of Western Europe. However, studies of the Scottish capital punishment experience have remained limited by comparison. This book seeks to redress this scholarly lacuna. Based upon an extensive gathering and analysis of previously untapped resources, it takes the reader on a journey from the courtrooms of Scotland to the theatre of the gallows. It introduces them to several of the malefactors who faced the hangman’s noose and explores the traditional hallmarks of the spectacle of the scaffold. The study demonstrates that the period between 1740 and 1834 was one of discussion, debate and fundamental change in the use of the death sentence and how it was staged in practice. In addition, it contextualises the use of capital punishment against the backdrop of key events in Scottish history in this period including Anglo-Scottish relations in the wake of the 1707 Act of Union, the aftermath of the 1745 Jacobite Rebellion and the rapid industrialisation and urbanisation witnessed by the country. In doing so, the current study goes beyond redressing a scholarly gap and instead demonstrates that an exploration of Scotland’s unique capital punishment history enhances the current feld in some areas but provides a crucial caveat to the broader narrative in others. Finally, this study writes the post-mortem punishment of the criminal corpse into Scotland’s capital punishment history. In demonstrating that the journey of several capitally convicted offenders, predominantly murderers, did not end upon the scaffolds of Scotland, it takes the reader from the theatre of the gallows to the dissection tables of Scotland’s main universities and to the foot of the gibbets from which criminal bodies were displayed. In doing so it identifes an intermediate stage in the long-term disappearance of public bodily punishment.

Basingstoke, UK: Springer Nature, 2018. 243p.

A Just Measure of Pain: The penitentiary in the industrial revolution, 1750-1850

By Michael Ignatieff.

"A Just Measure of Pain" describes the moment in 18th century England when the modern penitentiary and its ambiguous legacy were born. In depicting how the whip, the brand and the gallows - public punishments once meant to cow the unruly poor into passivity - came to be replaced by the "moral management" of the prison and the notion that the criminal poor should be involved in their own rehabilitation. Michael Ignatieff documents the rise of a new conception of class relations and with it a new philosophy of punishment, one directed not at the body but at the mind. "A Just Measure of Pain" is a highly atmospheric and compellingly written work of social history, which has already become a classic study of its subject.

New York: Pantheon Books, 1978. 257p.

English Prisons: An Architectural History

By Allan Brodie, Jane Croom, James O. Davies.

For most of us, the prison is an unfamiliar institution and life 'inside' is beyond our experience. However, more than 60,000 people now live in England's jails, some serving their sentences in buildings with Victorian or more ancient origins, others in prisons dating from the last twenty years. English Prisons: An Architectural History is the result of the first systematic written and photographic survey of prisons since the 20th century. It traces the history of the purpose-built prison and its development over the past 200 years. Over 130 establishments that make up the current prison estate and over 100 former sites that have surviving buildings or extensive documentation have been investigated, institutions ranging from medieval castles and military camps to country houses that have been taken over and adapted for penal use.

The Prison Service granted the project team unprecedented access to all its establishments, allowing the compilation of an archive of more than 5,000 images and 250 research files. The team was allowed to go anywhere, and to photograph almost anything (except where this could compromise security) and to speak to any inmate. A selection of the images from the archive illustrates this book.

Swindon, UK: English Heritage 2001, 297p,

Improving Interagency Collaboration, Innovation and Learning in Criminal Justice Systems

Edited by Sarah Hean, Berit Johnsen, Anu Kajamaa and Laure Kloetzer.

Supporting Offender Rehabilitation. This Open Access edited collection seeks to improve collaboration between criminal justice and welfare services in order to help prepare offenders for life after serving a prison sentence. It examines the potential tensions between criminal justice agencies and other organisations which are involved in the rehabilitation and reintegration of offenders, most notably those engaged in mental health care or third sector organisations. It then suggests a variety of different methods and approaches to help to overcome such tensions and promote inter-agency collaboration and co-working, drawing on emerging research and models, with a focus on the practice in European and Scandinavian countries. For academics and practitioners working in prisons and the penal system, this collection will be invaluable.

Cham: Palgrave Macmillan, 2021. 475p.

The Golden and Ghoulish Age of the Gibbet in Britain

By Sarah Tarlow.

”The story of Tom Otter, a murderer who was executed and gibbeted in 1806, has many striking features. Not least, this form of brutal and bodily post-mortem punishment seems rather anachronistic during a period often described in terms of increasing gentility and humanity. It took place within the legal context of the Murder Act (1752), which specified that the bodies of murderers had to be either dissected or hung in chains. Other aggravated death penalties were applied to those convicted of treason and suicide. A number of common misconceptions about the gibbet need to be corrected.” Palgrave (2017) 163p.

The Punishment Response: First Edition

By Graeme R. Newman.

This is a classic reprint of the original edition of The Punishment Response, originally published in 1976. An acclaimed treatise on the history,  philosophy and psychology of punishment. "...read with enormous appreciation for its erudition and method of analysis..." -- Michel Foucault.

Harrow and Heston Classic Reprint. 1985.312p.

Remarks on Prisons and Prison Discipline in the United States

By Dorothea Lynde Dix.

“ Society, during the last hundred years, has been alternately perplexed and encouraged, defeated and successful, respecting the two great questions— how shall the criminal and pauper be disposed of, in order to reduce crime and reform the criminal on the one hand, and, on the other, to diminish pauperism and restore the pauper to useful citizenship 1 Though progress has been made, through the efforts of energetic and enlightened persons, directed to the attainment of these ends, all know that society is very far from realizing their accomplishment. We accord earnest and grateful praise to those who have procured the benefits at present possessed ; and, with careful zeal, we would endeavor to advance a work, which succeeding generations must toil to perfect and complete. Moralists and philosophers, with pietists and philanthropists, have urged upon "communities the truer course of employing early preventive measures, rather than expend the energies, at a late period, in futile attempts to govern and lead by correct and virtuous habits, the long-time criminal, and the life-long indolent and ignorant

Boston : Printed by Munroe & Francis, 1845. 108p.

Our Convicts

By Mary Carpenter.

“The English and the Irish Convict Systems -were both founded on the Act of Parliament of 1853. The object of that Act ^vaa to make such changes in the system adopted towards Convicts, as would prepare them for discharge in oiu' own country, since our Colonial provinces were virtually closed against them, "Western Australia only consenting still to receive a small number annually. "We have seen that in England the system has hitherto been a failure, but have traced that failure, not to the principles on which that and the subsequent one of 1857 were founded, but to certain omissions and additions which were incompatible with the successful working of the principles. We now proceed to the examination of the Irish Convict System, which has fully developed the principles of both those Acts. The results of the ten years during which it has been in operation demonstrate, beyond any possibility of doubt to an impartial observer, not only the truth of tlio principles embodied in the Acts of Parliament, but also of those moral principles which are so embodied in it as to constitute its peculiar features, and of the excellence of the machinery by which these are brought into action. The wonderful combinations of all these by the founder of the system,Sir Walter Crofton, demands from us very close investigation of its principles, and examination of its details.

London: Longman, 1864. vol. 2. 389p.

Trials from the Newgate Calendar

Introduction by Charles Tibbits.

“ The name of London's famous and terrible prison Newgate has for centuries conjured to the public mind the gloomiest picture that the imagination of the listener could conceive of human retribution on the criminal and depraved. What the name of theBastille was in France to the person who might find himself at variance with political powers the name of Newgate was to the person who bore in himself the consciousness of crime. Its terrible reputation as the place of vengeance on offenders against theLaws seems to have a remarkable antiquity. Which prison was first instituted there is no record. As early as 121 1 however we have the news of its dungeons being filled with offenders. In I334..a commission was appointed by the authorities to consider the tortures then in use to extort confessions from the unfortunate wretches within its grim hold. From one end of the country to the;other Newgate became known as a place where all the terrors of the Law awaited the guilty. Dipping Into its gloomy annals one cannot help also arriving at the conviction that its terrors were not wholly reserved for the guilty. They overtook the unfortunate innocent sometimes. The inscription on the old Edinborough Tolbooth would excellently apply to it-—even as it will apply to many of our prisons to-day.”

London: Sisley's, 1908. 327p.

The Prison and the Prisoner

A Symposium by Julia Kippen Jaffray and George Gordon Battle.

Contents: I. The prisoner and the courts / by William H. Wadhams -- II. The prisoner himself. Part I. / by Bernard H. Glueck. Part II / by Thomas W. Salmon -- III. The prisoner--ward or slave? / by Karl W. Kirchwey -- IV. The control over the prisoner. Part I. Federal / by George Gordon Battle. Part II. State / by E. Stagg Whitin -- V. Self-government by the prisoner. Part I. Self-government in a state prison / by Thomas Mott Osborne. Part II. Self-government in a reformatory / by E. Kent Hubbard -- VI. The prison officer / by Frederick A. Dorner -- VII. Industrial training for the prisoner / by Arthur D. Dean -- VIII. The prisoner in the road camp / by Charles Henry Davis -- IX. The union man and the prisoner / by Collis Lovely -- X. The man who comes out of prison / by R.J. Caldwell -- XI. The community center and the delinquent / by John Collier. Boston:

Little, Brown, 1917. 250p.

Crime and Criminals: the Prison Reform League

Prison Reform League

“This book deals with crime and the treatment of criminals. It states facts of vital importance to every man and woman, and adds deductions that boldly challenge contradiction. The facts have been gathered from the best governmental and official reports available, and from noted writers who have made this field their special study. The deductions stand on their own logical merits, but are supported by numerous quotations. The work has grown naturally out of the researches set on foot by the Prison Reform League, and, while submitted to the public at large, is designed more particularly for the use of those whose profession is the pen, the pulpit or the platform, in the hope that it may promote a more intelligent discussion of a subject that is calling imperiously for thorough ventilation.”

Los Angeles: Prison Reform League Publishing, 1910. 320p.

Prisons In The Late Ottoman Empire

By Kent F. Schull.

Microcosms Of Modernity. “While researching in the Imperial Ottoman Archives in Istanbul I found a treasure trove of untapped documents related to penal institutions and prison reform in the late Ottoman Empire. I quickly realised how integral criminal justice reforms, including prisons, were to Ottoman plans to restructure the empire comprehensively. I also recognised that prisons were intrinsic to many facets of Ottoman modernity and nation-state construction during the nineteenth and the early twentieth centuries….Similar to Foucault’s assessment of French prisons, I argue that various late Ottoman administrations utilised prisons as important instruments of social control and discipline.”

Edinburgh University Press (2014) 241p.

Punishment and Political Order

By Really McBride.

“The primary purpose of this text is to look at punishment as a central problem of political order. Sociologists, legal scholars, and criminologists study penal regimes: the discipline of political science, with notable exceptions, has ceded this ground. 1 This is a terrible mistake: as I will demonstrate, punishment is both a uniquely revealing lens into how political regimes work as well as a central problem for political administration that requires careful negotiation of the stated ideals of a polity in the exercise of power.”

University of Michigan Press (2007) 205p.

Six Years in the Prisons of England

By A. Merchant.

Edited by Frank Henderson. “To a kind and devoted brother, who cheered me with words of Christian sympathy and brotherly love during the darkest and most desolate hours of my past unhappy career, the following pages are affectionately inscribed by the author.”

Richard Bentley et al. publishers to her Majesty (1869) 259 pages.

Flogging Others

By G. Geltner.

Corporal Punishment and Cultural Identity from Antiquity to the Present.“Corporal punishment is an evocative, almost self-explanatory term. But like other concepts with powerful and immediate connotations, it is poorly understood and rarely interrogated. Outside academia, and often within it, corporal punishment is the subject of simplistic analyses and misinformed expositions. The concept itself is ill-defined, its comparative history (as traced by historians of punishment) neglected, and there is little insight into its functions and meaning in a given cultural context,”

Amsterdam University Press (2014) 113p.