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This title was first published in 2000: John Braithwaite is a distinguished criminologist with an international reputation in the study of regulation and globalization. This collection contains his most important and influential essays in criminal justice and business regulation. It has a substantial introduction explaining the thematization of his work around the design of regulatory systems to maximize freedoms as non-domination.
This title was first published in 2000: John Braithwaite is a distinguished criminologist with an international reputation in the study of regulation and globalization. This collection contains his most important and influential essays in criminal justice and business regulation. It has a substantial introduction explaining the thematization of his work around the design of regulatory systems to maximize freedoms as non-domination.
An examination of the gun-control debate by the CEO of the National Rifle Association argues that taking away guns from those who acquire them legally is a dangerous idea and states that the criminal justice system, and not gun control, is behind our nation's problem.
Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.
In 1989, the first drug-treatment court was established in Florida, inaugurating an era of state-supervised rehabilitation. Such courts have frequently been seen as a humane alternative to incarceration and the war on drugs. Enforcing Freedom offers an ethnographic account of drug courts and mandatory treatment centers as a system of coercion, demonstrating how the state uses notions of rehabilitation as a means of social regulation. Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with “bad influences,” a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state’s salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.
Braithwaite's argument against punitive justice systems and for restorative justice systems establishes that there are good theoretical and empirical grounds for anticipating that well designed restorative justice processes will restore victims, offenders, and communities better than existing criminal justice practices. Counterintuitively, he also shows that a restorative justice system may deter, incapacitate, and rehabilitate more effectively than a punitive system. This is particularly true when the restorative justice system is embedded in a responsive regulatory framework that opts for deterrence only after restoration repeatedly fails, and incapacitation only after escalated deterrence fails. Braithwaite's empirical research demonstrates that active deterrence under the dynamic regulatory pyramid that is a hallmark of the restorative justice system he supports, is far more effective than the passive deterrence that is notable in the stricter "sentencing grid" of current criminal justice systems.
A Smithsonian Best History Book of the Year Winner of the Littleton-Griswold Prize Winner of the Ralph Waldo Emerson Award Winner of the Order of the Coif Award Winner of the Sidney M. Edelstein Prize Winner of the David J. Langum Sr. Prize in American Legal History Winner of the Berkshire Conference of Women Historians Book Prize “From traffic stops to parking tickets, Seo traces the history of cars alongside the history of crime and discovers that the two are inextricably linked.” —Smithsonian When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept—and expect—pervasive police power, a radical transformation with far-reaching consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But in a society dependent on cars, everyone—law-breaking and law-abiding alike—is subject to discretionary policing. Seo challenges prevailing interpretations of the Warren Court’s due process revolution and argues that the Supreme Court’s efforts to protect Americans did more to accommodate than limit police intervention. Policing the Open Road shows how the new procedures sanctioned discrimination by officers, and ultimately undermined the nation’s commitment to equal protection before the law. “With insights ranging from the joy of the open road to the indignities—and worse—of ‘driving while black,’ Sarah Seo makes the case that the ‘law of the car’ has eroded our rights to privacy and equal justice...Absorbing and so essential.” —Paul Butler, author of Chokehold “A fascinating examination of how the automobile reconfigured American life, not just in terms of suburbanization and infrastructure but with regard to deeply ingrained notions of freedom and personal identity.” —Hua Hsu, New Yorker
How can power over others be transformed to ‘power with’? It is possible to transform many institutions to build societies with less predation and more freedom. These stretch from families and institutions of gender to the United Nations. Some societies, times and places have crime rates a hundred times higher than others. Some police forces kill at a hundred times the rate of others. Some criminal corporations kill thousands more than others. Micro variables fail to explain these patterns. Prevention principles for that challenge are macrocriminological. Freedom is conceived in a republican way as non-domination. Tempering domination prevents crime; crime prevention reduces domination. Many believe a high crime rate is a price of freedom. Not Braithwaite. His principles of crime control are to build freedom, temper power, lift people from poverty and reduce all forms of domination. Freedom requires a more just normative order. It requires cascading of peace by social movements for non-violence and non-domination. Periods of war, domination and anomie cascade with long lags to elevated crime, violence, inter-generational self-violence and ecocide. Cybercrime today poses risks of anomic nuclear wars. Braithwaite’s proposals refine some of criminology’s central theories and sharpen their relevance to all varieties of freedom. They can be reduced to one sentence. Strengthen freedom to prevent crime, prevent crime to strengthen freedom. ‘A true magnum opus, Macrocriminology and Freedom is a thought provoking and generative book from one of criminology’s intellectual giants. John Braithwaite reaches far and wide across societies, time, and disciplines to advance no less than a theory of how to build a society that simultaneously reduces both domination and crime. His ambitious ideas on cascades of non-dominating collective efficacy and crime prevention, for example, and their connections to social movements and political freedom, go well beyond usual criminological discourse. Chock full of theoretical propositions and bold insights, this a book that will keep criminologists busy for years. Macrocriminology and Freedom should not just be read, but better yet, savoured.’ – Robert J. Sampson, Henry Ford II Professor of the Social Sciences, Harvard University ‘In this majestic theorisation of the relationship between crime and freedom John Braithwaite isolates the unique power of macrocriminology as a lens through which to comprehend and challenge many of the fundamental crises facing our planet. Very few scholars have the breadth and overview to succeed in a mission of this order … Braithwaite does. This extraordinary book is an object lesson for all who seek to understand and resist domination and the crimes of power that flow from it.’ – Penny Green, Professor of Law and Globalisation, Queen Mary University of London ‘For over 40 years, John Braithwaite has been a voice of wisdom, hope and humanity in criminology. This dazzling new book weaves together all the main themes of his influential work, reanimating many of the core concepts of the discipline, as well as incorporating interdisciplinary resources from south and north, east and west, to produce an elegant and ambitious explanatory and normative account of crime as freedom-threatening domination. Decentring criminal justice as the solution to crime, Braithwaite shows that, on a global scale, the aspiration to tackle crimes, ranging from interpersonal violence through corporate crimes to ecocide, lies in the development of freedom-enhancing, power-tempering institutions in the political, economic and social spheres.’ – Nicola Lacey, Professor of Law, Gender and Social Policy, London School of Economics ‘Macrocriminology and Freedom is a criminological epic, an expansive and erudite story that sweeps across history and contexts. The book is frightening in showing how cascading events can produce catastrophes from crime to environmental destruction. But in the end, its message is hopeful, identifying pathways—or “normative rivers”—for guiding freedom from domination and crime. Drawing on his distinguished career, John Braithwaite has bestowed an extraordinary gift—a book, like other masterpieces, that will yield special insights each time we take an excursion through its pages.’ – Francis T. Cullen, Distinguished Research Professor Emeritus, University of Cincinnati ‘In this engaging book John Braithwaite reinvigorates discussions about crime and its control. While advocating a macro approach, the book is punctuated not only with insights and data from smaller-scale studies conducted in a range of jurisdictions, but also with auto-biographical vignettes. The effect creates a deeply personal account of the perils of state, non-state and market violence and authoritarianism and the potential and indeed duty, of criminologists to work towards their reduction, by refocusing their efforts on explaining and tackling crime in its myriad of forms.’ – Mary Bosworth, Professor of Criminology, University of Oxford and Monash University ‘John Braithwaite has had a unique influence on criminology globally. In this encyclopaedic text he synthesises a wealth of criminological knowledge, particularly in the sphere of anomie theory, into broader debates about the nature of domination and freedom in contemporary society. He defends the relevance of criminological theory, while urging criminology to be activist rather than reactive and technocratic, counter-hegemonic rather than neutral. Not for the first time, John Braithwaite has challenged criminologists to construct theories that cut across micro and macro structures. This book will stir debate. It deserves a broad readership.’ – Harry Blagg, Professor of Criminology, University of Western Australia