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"Why have some Western democracies experienced a substantial turn toward tougher law and order policies whereas others have not changed their policies to a similar extent? This book shows that an important part of the explanation has to do with political parties and how they compete. It provides empirical evidence on three channels through which partisan politics matter: First, political parties in general, and issue owners in particular, move their programmatic stance toward the more repressive pole if they are challenged by right-wing populist parties or if they are pressured by a major competitor in a two-party system. In contrast, when strong liberal parties exist in a party system and are needed to form coalitions, such a dynamic is much more improbable. Second, a tougher programmatic stance of a party does translate into tougher policies, but only if the institutional context allows for it. Strong constitutional courts are particularly successful in pushing back tougher policies. Finally, the contribution also shows that positive policy feedback occurs: An initial step toward tougher policies may generate a pressure to continue down this road - independent from changes in public opinion. Hence, partisan effects seem to have consequences in the medium term and for future governments. The book bases its arguments on large-N-quantitative analyses of 20 Western industrialized countries as well as a new hand-coded dataset on law and order legislation in Britain, France, Germany and Sweden. Besides, four in-depth case studies on these countries provide qualitative evidence on the politics of law and order"--
"Why have some Western democracies experienced a substantial turn toward tougher law and order policies whereas others have not changed their policies to a similar extent? This book shows that an important part of the explanation has to do with political parties and how they compete. It provides empirical evidence on three channels through which partisan politics matter: First, political parties in general, and issue owners in particular, move their programmatic stance toward the more repressive pole if they are challenged by right-wing populist parties or if they are pressured by a major competitor in a two-party system. In contrast, when strong liberal parties exist in a party system and are needed to form coalitions, such a dynamic is much more improbable. Second, a tougher programmatic stance of a party does translate into tougher policies, but only if the institutional context allows for it. Strong constitutional courts are particularly successful in pushing back tougher policies. Finally, the contribution also shows that positive policy feedback occurs: An initial step toward tougher policies may generate a pressure to continue down this road - independent from changes in public opinion. Hence, partisan effects seem to have consequences in the medium term and for future governments. The book bases its arguments on large-N-quantitative analyses of 20 Western industrialized countries as well as a new hand-coded dataset on law and order legislation in Britain, France, Germany and Sweden. Besides, four in-depth case studies on these countries provide qualitative evidence on the politics of law and order"--
Why has America experienced an explosion in crime rates since 1960? Why has the crime rate dropped in recent years? Though politicians are always ready both to take the credit for crime reduction and to exploit grisly headlines for short-term political gain, these questions remain among the most important-and most difficult to answer-in America today. In Crime & Politics, award-winning journalist Ted Gest gives readers the inside story of how crime policy is formulated inside the Washington beltway and state capitols, why we've had cycle after cycle of ineffective federal legislation, and where promising reforms might lead us in the future. Gest examines how politicians first made crime a national rather than a local issue, beginning with Lyndon Johnson's crime commission and the landmark anti-crime law of 1968 and continuing right up to such present-day measures as "three strikes" laws, mandatory sentencing, and community policing. Gest exposes a lack of consistent leadership, backroom partisan politics, and the rush to embrace simplistic solutions as the main causes for why Federal and state crime programs have failed to make our streets safe. But he also explores how the media aid and abet this trend by featuring lurid crimes that simultaneously frighten the public and encourage candidates to offer another round of quick-fix solutions. Drawing on extensive research and including interviews with Edwin Meese, Janet Reno, Joseph Biden, Ted Kennedy, and William Webster, Crime & Politics uncovers the real reasons why America continues to struggle with the crime problem and shows how we do a better job in the future.
Law and Order offers a valuable new study of the political and social history of the 1960s. It presents a sophisticated account of how the issues of street crime and civil unrest enhanced the popularity of conservatives, eroded the credibility of liberals, and transformed the landscape of American politics. Ultimately, the legacy of law and order was a political world in which the grand ambitions of the Great Society gave way to grim expectations. In the mid-1960s, amid a pervasive sense that American society was coming apart at the seams, a new issue known as law and order emerged at the forefront of national politics. First introduced by Barry Goldwater in his ill-fated run for president in 1964, it eventually punished Lyndon Johnson and the Democrats and propelled Richard Nixon and the Republicans to the White House in 1968. In this thought-provoking study, Michael Flamm examines how conservatives successfully blamed liberals for the rapid rise in street crime and then skillfully used law and order to link the understandable fears of white voters to growing unease about changing moral values, the civil rights movement, urban disorder, and antiwar protests. Flamm documents how conservatives constructed a persuasive message that argued that the civil rights movement had contributed to racial unrest and the Great Society had rewarded rather than punished the perpetrators of violence. The president should, conservatives also contended, promote respect for law and order and contempt for those who violated it, regardless of cause. Liberals, Flamm argues, were by contrast unable to craft a compelling message for anxious voters. Instead, liberals either ignored the crime crisis, claimed that law and order was a racist ruse, or maintained that social programs would solve the "root causes" of civil disorder, which by 1968 seemed increasingly unlikely and contributed to a loss of faith in the ability of the government to do what it was above all sworn to do-protect personal security and private property.
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Why has America experienced an explosion in crime rates since 1960? Why has the crime rate dropped in recent years? Though politicians are always ready both to take the credit for crime reduction and to exploit grisly headlines for short-term political gain, these questions remain among the most important-and most difficult to answer-in America today. In Crime & Politics, award-winning journalist Ted Gest gives readers the inside story of how crime policy is formulated inside the Washington beltway and state capitols, why we've had cycle after cycle of ineffective federal legislation, and where promising reforms might lead us in the future. Gest examines how politicians first made crime a national rather than a local issue, beginning with Lyndon Johnson's crime commission and the landmark anti-crime law of 1968 and continuing right up to such present-day measures as "three strikes" laws, mandatory sentencing, and community policing. Gest exposes a lack of consistent leadership, backroom partisan politics, and the rush to embrace simplistic solutions as the main causes for why Federal and state crime programs have failed to make our streets safe. But he also explores how the media aid and abet this trend by featuring lurid crimes that simultaneously frighten the public and encourage candidates to offer another round of quick-fix solutions. Drawing on extensive research and including interviews with Edwin Meese, Janet Reno, Joseph Biden, Ted Kennedy, and William Webster, Crime & Politics uncovers the real reasons why America continues to struggle with the crime problem and shows how we do a better job in the future.
Most Americans are not aware that the US prison population has tripled over the past two decades, nor that the US has the highest rate of incarceration in the industrialized world. Despite these facts, politicians from across the ideological spectrum continue to campaign on "law and order" platforms and to propose "three strikes"--and even "two strikes"--sentencing laws. Why is this the case? How have crime, drugs, and delinquency come to be such salient political issues, and why have enhanced punishment and social control been defined as the most appropriate responses to these complex social problems? Making Crime Pay: Law and Order in Contemporary American Politics provides original, fascinating, and persuasive answers to these questions. According to conventional wisdom, the worsening of the crime and drug problems has led the public to become more punitive, and "tough" anti-crime policies are politicians' collective response to this popular sentiment. Katherine Beckett challenges this interpretation, arguing instead that the origins of the punitive shift in crime control policy lie in the political rather than the penal realm--particularly in the tumultuous period of the 1960s.
This is the first book to challenge the broken-windows theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of law abiders and disorderly people and of order and disorder, which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.
Nations are not trapped by their pasts, but events that happened hundreds or even thousands of years ago continue to exert huge influence on present-day politics. If we are to understand the politics that we now take for granted, we need to understand its origins. Francis Fukuyama examines the paths that different societies have taken to reach their current forms of political order. This book starts with the very beginning of mankind and comes right up to the eve of the French and American revolutions, spanning such diverse disciplines as economics, anthropology and geography. The Origins of Political Order is a magisterial study on the emergence of mankind as a political animal, by one of the most eminent political thinkers writing today.
The United States has become ever more deeply entrenched in powerful, rival, partisan camps, and its citizens more sharply separated along ideological lines. The authors of this volume, scholars of political science, economics, and law, examine the relation between our present-day polarization and the design of the nation's Constitution. The provisions of our Constitution are like “parchment barriers”—fragile bulwarks intended to preserve liberty and promote self-government. To be effective, these barriers need to be respected and reinforced by government officials and ordinary citizens, both in law and in custom. This book asks whether today’s partisan polarization is threatening these constitutional provisions and thus our constitutional order. The nation's founders, clearly concerned about political division, designed the Constitution with numerous means for controlling factions, restraining majority rule, and preventing concentrations of power. In chapters that span the major institutions of American government, the authors of Parchment Barriers explore how partisans are pushing the limits of these constitutional restraints to achieve their policy goals and how the forces of majority faction are testing the boundaries the Constitution draws around democratic power. What, for instance, are the dangers of power being concentrated in the executive branch, displaced to the judiciary, or assumed by majority party leaders in Congress? How has partisan polarization affected the nature, size, and power of the administrative state? And why do political parties, rather than working to facilitate the constitutional order as envisioned by James Madison, now chafe against its limits on majority rule? Parchment Barriers considers the implications of polarization for policy, governance, and the health of American democracy.