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Property, authority and the criminal law

01 Jan 1975-
About: The article was published on 1975-01-01 and is currently open access. It has received 380 citations till now. The article focuses on the topics: Public law & Comparative law.
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Journal ArticleDOI
TL;DR: In this paper, the authors argue that an important new language of penology is emerging, which shifts focus away from the traditional concerns of the criminal law and criminology, which have focused on the individual, and redirects it to actuarial consideration of aggregates.
Abstract: The new penology argues that an important new language of penology is emerging. This new language, which has its counterparts in other areas of the law as well, shifts focus away from the traditional concerns of the criminal law and criminology, which have focused on the individual, and redirects it to actuarial consideration of aggregates. This shift has a number of important implications: It facilitates development of a vision or model of a new type of criminal process that embraces increased reliance on imprisonment and that merges concerns for surveillance and custody, that shifts away from a concern with punishing individuals to managing aggregates of dangerous groups, and that affects the training and practice of criminologists.

1,938 citations

BookDOI
01 Jan 2014
TL;DR: Part of the courts, criminal law, criminal procedure, criminology, Law and Society Commons, Law Enforcement and Corrections Commons, Legislation Commons, Politics and Social Change Commons, and the Race and Ethnicity Commons.
Abstract: How does access to this work benefit you? Let us know! Follow this and additional works at: http://academicworks.cuny.edu/jj_pubs Part of the Courts Commons, Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, Judges Commons, Law and Politics Commons, Law and Society Commons, Law Enforcement and Corrections Commons, Legislation Commons, Politics and Social Change Commons, and the Race and Ethnicity Commons

916 citations


Cites background from "Property, authority and the crimina..."

  • ...Two centuries of experience has shown that mandatory punishments foster circumvention by prosecutors, juries, and judges and thereby produce inconsistencies among cases (Romilly, 1820; Reekie, 1930; Hay, 1975; Tonry, 2009b)....

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  • ...Two centuries of experience with laws mandating minimum sentences for particular crimes have shown that those laws have few if any effects as deterrents to crime and, as discussed above, foster patterns of circumvention and manipulation by prosecutors, judges, and juries (Hay, 1975)....

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Journal ArticleDOI
TL;DR: Physical violence, whether realized or implied, is important to the legitimation, foundation, and operation of a Western property regime as discussed by the authors, and certain spatializations play a practical and ideological role at all these moments.
Abstract: Physical violence, whether realized or implied, is important to the legitimation, foundation, and operation of a Western property regime. Certain spatializations—notably those of the frontier, the survey, and the grid—play a practical and ideological role at all these moments. Both property and space, I argue, are reproduced through various enactments. While those enactments can be symbolic, they must also be acknowledged as practical, material, and corporeal.

570 citations

Journal ArticleDOI
TL;DR: In this paper, a set of optimistic propositions and pessimistic claims about restorative justice by contemplating the global diversity of its practice are made. Examination of both the optimistic and the pessimistic propositions sheds light on prospects for Restorative justice, and the optimistic propositions may be more useful for preventing crime in a normatively acceptable way than existing criminal law jurisprudence and explanatory theory.
Abstract: For informal justice to be restorative justice, it has to be about restoring victims, restoring offenders, and restoring communities as a result of participation of a plurality of stakeholders. This means that victim-offender mediation, healing circles, family group conferences, restorative probation, reparation boards on the Vermont model, whole school antibullying programs, Chinese Bang Jiao programs, and exit conferences following Western business regulatory inspections can at times all be restorative justice. Sets of both optimistic propositions and pessimistic claims can be made about restorative justice by contemplating the global diversity of its practice. Examination of both the optimistic and the pessimistic propositions sheds light on prospects for restorative justice. Regulatory theory (a responsive regulatory pyramid) may be more useful for preventing crime in a normatively acceptable way than existing criminal law jurisprudence and explanatory theory. Evidence-based reform must move toward a ...

525 citations


Cites background from "Property, authority and the crimina..."

  • ...On the contrary, public executions stopped because the mob booed and pelted executioners as they carried out the horrors ordered by the courts (Hay 1975, pp. 67-68; Foucault 1977, pp. 61-67) and because juries refused to convict for minor offenses that would lead to the gallows (Trevelyan 1978, p. 348). Courts around the world still order executions (in private) in numbers that surely exceed those imposed by popular justice tribunals. Today, no popular justice fora impose other sanctions as barbarous as imprisonment, which Graeme Newman (1983) points out in practice can be considerably more barbarous than corporal punishment....

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Book
01 Jan 2000
TL;DR: A blind spot? The birth of an ideology clearing away the rubbish print culture nationalising religion the culture of science anatomising human nature the science of politics secularising modernising happiness from good sense to sensibility nature did the mind have a sex? education - a panacea the vulgar the pursuit of wealth reform progress the revolutionary era - "modern philosophy" lasting light as discussed by the authors.
Abstract: A blind spot? the birth of an ideology clearing away the rubbish print culture nationalising religion the culture of science anatomising human nature the science of politics secularising modernising happiness from good sense to sensibility nature did the mind have a sex? education - a panacea the vulgar the pursuit of wealth reform progress the revolutionary era - "modern philosophy" lasting light?

422 citations