Book•
Limits to Pain
01 Nov 1981-
About: The article was published on 1981-11-01 and is currently open access. It has received 228 citations till now.
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Dissertation•
01 Jan 2012
4 citations
TL;DR: Christ Christie, Hulsman, Mathiesen et al. as mentioned in this paper present an abolitionistisches modell, das auf der Differenzierung von „System“ und „Lebenswelt“ nach Habermas beruht.
Abstract: Ob eine Abolition des Strafrechts moglich ist, entscheidet sich an der Frage der gegenwartigen und kunftigen Gesellschaft ohne Strafrecht. Der Aufsatz befast sich daher mit den Gesellschaftsvorstellungen, die den verschiedenen abolitionistischen Richtungen zugrunde liegen. Untersucht werden die Beitrage von Christie, Hulsman, Mathiesen und der Bericht des European Committee on Decriminalisation. Diesen Richtungen fugt die Autorin ein neues abolitionistisches Modell hinzu, das auf der Differenzierung von „System“ und „Lebenswelt“ nach Habermas beruht. Vom Standpunkt der Lebenswelt ist eine Dekolonialisierung vom Strafrecht dringend geboten.
4 citations
DOI•
01 Jan 2012TL;DR: Despite dramatic social changes and unprecedented technological innovations penal philosophy has undergone little change as mentioned in this paper, despite the manifest advantages and benefits of R.J. over a punitive, retributive system, whose sole aim is to inflict pain and suffering on the wrongdoer, there is still reluctance to do away with the ideas of expiation and penitence in favor of reconciliation and compensation.
Abstract: Despite dramatic social changes and unprecedented technological innovations penal philosophy has undergone little change. Retribution continues to be the key principle in sentencing and judges continue their hopeless struggle to make the punishment fit the crime. It is truly baffling that the CJS has remained archaic in its philosophy, its outlook and its tools and has remained insulated from whatever changes and advances that had taken place in modern society? For as yet unexplained reasons the system has resisted every attempt to modernize and change? This is probably why it is that despite the manifest advantages and benefits of R.J. over a punitive, retributive system, whose sole aim is to inflict pain and suffering on the wrong-doer, there is still reluctance to do away with the ideas of expiation and penitence in favor of reconciliation and compensation. The strong support for victims of crime, coupled with the undeniable fact that victims are the main losers in a punitive system of justice, have not yet succeeded in convincing politicians, lawmakers or the general public of the need to replace the medieval practice of punishment by a more constructive, more peaceful and less harmful means of dealing with crime and conflict. And yet, the destructive and detrimental effects of punishment are too evident to ignore. All this suggests that the time is right for a paradigm shift in society’s response to crime. There is a desperate need to move from philosophical abstraction to restorative action, from senseless retribution to meaningful restitution, from just deserts to restorative justice. But there is also a need for realism. R.J. is not a pana-cea. Although superior in every respect to retribution R.J. does have certain limitations and there are certain dangers to be avoided when moving towards the full implementation of a restorative justice system.
3 citations
01 Jan 2006
TL;DR: The Norwegian Prison Movement (KROM) as discussed by the authors was a prisoners' movement critical of the prison system in the Scandinavian countries, particularly strong in Norway, and the key expression of this abolitionist movement was the notion of "the unfinished".
Abstract: At the end of the 1960s, a prisoners' movement critical of the prison system developed in the Scandinavian countries. Particularly strong in Norway, the key expression of this abolitionist movement was the notion of 'the unfinished'. The political message of the Norwegian Prison Movement (KROM) is that the unfin ished state of politics towards any desired socio-political development should be considered not as a flaw, but rather as a political possibility. The discussion among Norwegian criminologists and sociologists of law critical of the combination of treatment and criminal justice in the 1950s and 1960s was an indispensable condition for the development of a politics of abolition. This article sketches the central arguments of the discussion, and a connection is established between the abolitionist perspective and sociological theory.
3 citations
TL;DR: In this paper, the authors investigate the place and meaning of law in the everyday lives of Brazilian anti-torture activists and highlight the role of law and justice institutions, particularly those in the criminal justice system, in the building social support for or rejection of the law.
Abstract: Legalised accountability – the definition of torture as an illicit behaviour and the mobilisation of law-enforcement agencies, prosecutorial offices and courts to gather evidence, prosecute and convict torture perpetrators – has become central to anti-torture policies around the world, including Brazil. Based on legal-consciousness scholarship and in-depth interviews, this paper investigates the place and meaning of law in the everyday lives of Brazilian anti-torture activists. Counter-intuitive as it may sound, interviewees articulated an account in which law's authority is largely rejected, while non-legal tools against torture look much more preferable – even if they residually and cynically engage with the law. While exploring the discursive roots of such account, this paper highlights the role of law and justice institutions, particularly those in the criminal justice system, in the of building social support for – or rejection of – the law. These findings add to our knowledge of law's hegemony, while providing valuable insights for future legal-consciousness studies.
3 citations
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1,628 citations
1,057 citations
TL;DR: In this article, a court procedure that restores the participants' rights to their own conflicts is outlined, where the participants have lost their rights to participate in conflict resolution in the past.
Abstract: CONFLICTS are seen as important elements in society. Highly industrialised societies do not have too much internal conflict, they have too little. We have to organise social systems so that conflicts are both nurtured and made visible and also see to it that professionals do not monopolise the handling of them. Victims of crime have in particular lost their rights to participate. A court procedure that restores the participants' rights to their own conflicts is outlined.
1,046 citations
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TL;DR: The authors of as discussed by the authors suggest that a wide range of services which were once produced in the money economy are increasingly provided informally on a self-service basis. But they do not consider the role of the state in the provision of these services.
1,023 citations
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