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There is powerful evidence that the colonization of Indigenous people was and is a crime, and that that crime is on-going. In this book Nielsen and Robyn present an analysis of the relationship between these colonial crimes and their continuing criminal and socially injurious consequences that exist today.
This book provides an account of the distinctive way in which penal power developed outside the metropolitan centre. Proposing a radical revision of the Foucauldian thesis that criminological knowledge emerged in the service of a new form of power – discipline – that had inserted itself into the very centre of punishment, it argues that Foucault’s alignment of sovereign, disciplinary and governmental power will need to be reread and rebalanced to account for its operation in the colonial sphere. In particular it proposes that colonial penal power in India is best understood as a central element of a liberal colonial governmentality. To give an account of the emergence of this colonial form of penal power that was distinct from its metropolitan counterpart, this book analyses the British experience in India from the 1820s to the early 1920s. It provides a genealogy of both civil and military spheres of government, illustrating how knowledge of marginal and criminal social orders was tied in crucial ways to the demands of a colonial rule that was neither monolithic nor necessarily coherent. The analysis charts the emergence of a liberal colonial governmentality where power was almost exclusively framed in terms of sovereignty and security and where disciplinary strategies were given only limited and equivocal attention. Drawing on post-colonial theory, Penal Power and Colonial Rule opens up a new and unduly neglected area of research. An insightful and original exploration of theory and history, this book will appeal to students and scholars of Law, Criminology, History and Post-colonial Studies.
A pioneering book on prisons in West Africa, Colonial Systems of Control: Criminal Justice in Nigeria is the first comprehensive presentation of life inside a West African prison. Chapters by prisoners inside Kirikiri maximum security prison in Lagos, Nigeria are published alongside chapters by scholars and activists. While prisoners document the daily realities and struggles of life inside a Nigerian prison, scholar and human rights activist Viviane Saleh-Hanna provides historical, political, and academic contexts and analyses of the penal system in Nigeria. The European penal models and institutions imported to Nigeria during colonialism are exposed as intrinsically incoherent with the community-based conflict-resolution principles of most African social structures and justice models. This book presents the realities of imprisonment in Nigeria while contextualizing the colonial legacies that have resulted in the inhumane brutalities that are endured on a daily basis. Keywords: Nigeria, West Africa, penal system, maximum-security prison. Published in English.
Indigenous peoples are vastly overrepresented in the Canadian criminal justice system. The Canadian government has framed this disproportionate victimization and criminalization as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more culturally aware position. She analyzes the consequences of assimilation policies, dishonoured treaty agreements, manipulative legislation, and systematic racism, arguing that the overrepresentation of Indigenous peoples in the Canadian criminal justice system is not an Indian problem but a colonial one.
Despite high crime rates among men in the Caribbean, rising rates of violence against women in the region, and a significant number of Caribbean nationals incarcerated abroad due to drug smuggling, existing research has yet to offer explanations that are tailored to the unique Caribbean societies and the individuals in them. This edited volume adds to the existing body of scientific, empirical and theoretical work on crime (victimization), and criminal justice in the Caribbean, with a specific focus on impacts of post-colonialism and gender. To investigate these impacts on a developing Caribbean criminology, the contributions in this volume focus on how impacts of post-colonialism, associated racial stereotypes, and/or gender throughout the Caribbean impact on (a) types of offending, (b) victimization, and (c) criminal justice system responses and policies. Bringing together a broad range of experts, this book sheds light on key criminological topics in the Caribbean, including victimization, risk factors for offending, subcultures of violence and particularly gendered violence, and the role of motherhood within matrifocal societies. It is essential reading for those engaged with Caribbean - or decolonial - Criminology and those engaged with comparative and international studies in crime and justice more generally.
This title provides comprehensive analyses of current knowledge about the unwarranted disparities in dealings with the criminal justice system faced by some disadvantaged minority groups in all developed countries
British Colonialism and the Criminalization of Homosexuality examines whether colonial rule is responsible for the historical, and continuing, criminalization of same-sex sexual relations in many parts of the world. Enze Han and Joseph O’Mahoney gather and assess historical evidence to demonstrate the different ways in which the British empire spread laws criminalizing homosexual conduct amongst its colonies. Evidence includes case studies of former British colonies and the common law and criminal codes like the Indian Penal Code of 1860 and the Queensland Criminal Code of 1899. Surveying a wide range of countries, the authors scrutinise whether ex-British colonies are more likely to have laws that criminalize homosexual conduct than other ex-colonies or other states in general They interrogate the claim that British imperialism uniquely ‘poisoned’ societies against homosexuality, and look at the legacies of colonialism and the politics and legal status of homosexuality across the globe.
Indigenous Criminology is the first book to explore indigenous peoples' contact with criminal justice systems comprehensively in a contemporary and historical context. Drawing on comparative indigenous material from North America, Australia, and New Zealand, it both addresses the theoretical underpinnings of a specific indigenous criminology and explores this concept's broader policy and practice implications for criminal justice at large. Leading criminologists specializing in indigenous peoples, Chris Cunneen and Juan Tauri argue for the importance of indigenous knowledge and methodologies in shaping this field and suggest that the concept of colonialism is fundamental to understanding contemporary problems of criminology, such as deaths in custody, high imprisonment rates, police brutality, and the high levels of violence in some indigenous communities. Prioritizing the voices of indigenous peoples, this book will make a significant and lasting contribution to the decolonizing of criminology.
This study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.
This book will revolutionize the study of criminology throughout the world and promote the discipline especially in the Third World. ... A groundbreaking book ... [offering ] dazzling brilliance in the development of criminological theory. Ihekwoaba D. Onwudiwe, Associate Professor, Dept. of Criminal Justice, University of Maryland Eastern Shore“It adopts an insightful theoretical approach to the study of criminology. I find the interdisciplinary approach appealing”. Jerry Dibua, Morgan State UniversityThis book is about how the history of colonialism has shaped the definition of crime and justice systems not only in former colonies but also in colonialist countries. Biko Agozino argues that criminology in the West was originally tested in the colonies and then brought back to mother countries -- in this way, he claims, the colonial experience has been instrumental in shaping modern criminology in colonial powers. He looks at how radical critiques of mainstream criminology by critical feminist and postmodernist thinkers contribute to an understanding of the relationship between colonial experience and criminology. But he also shows that even critical feminist and postmodernist assessments of conventional criminology do not go far enough as they remain virtually silent on colonial issues. Biko Agozino considers African and other postcolonial literature and contributions to counter colonial criminology, their originality, relevance and limitations. Finally he advocates a “committed objectivity” approach to race-class-gender criminology investigations in order to come to terms with imperialistic and neo-colonialist criminology.