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This volume collects, for the first time, a selection of criminal law scholar George Fletcher's most famous previously published shorter works as well as some that are less known but equally important. Each of the twelve essays by Fletcher is paired with one or more new critical commentaries on that essay. These critical commentaries trace the impact of the respective essay in the development of the criminal law and assess its future significance.
A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.
“A history of philosophy in twelve thinkers...The whole performance combines polyglot philological rigor with supple intellectual sympathy, and it is all presented...in a spirit of fun.” —Times Literary Supplement “If one of philosophy’s crucial tasks is to snap us out of complacency and re-frame the parameters of debate, then there is always scope for a roll call of practitioners who have particularly enjoyed inspiring the ‘moment when the gears shift.’...Geuss, who wears his expansive learning lightly, has interesting things to say about them all.” —Catholic Herald “Exceptionally engaging...Geuss has a remarkable knack for putting even familiar thinkers in a new light.” —Notre Dame Philosophical Reviews Raymond Geuss explores the ideas of twelve philosophers who broke dramatically with prevailing wisdom, from Socrates and Plato in the ancient world to Nietzsche, Wittgenstein, and Adorno. The result is a striking account of some of the most innovative thinkers in Western history and an indirect manifesto for how to pursue philosophy today. Geuss cautions that philosophers’ attempts to break from convention do not necessarily make the world a better place. Montaigne’s ideas may have been benign, but the fate of those of Hobbes, Hegel, and Nietzsche has been more varied. Yet in the act of provoking people to think differently, philosophers remind us that we are not fated to live within the systems of thought we inherit.
The criminalization of migration and the use of coercive state power against foreigners is a controversial topic that demands closer reflection. This book examines the relationship between immigration control, citizenship, and criminal justice, reflecting on the theoretical and methodological challenges posed by mass mobility and its control.