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This book brings together various discourses concerned with violence and punishment, paying special attention to the extreme variations of these phenomena. Starting from a narrow definition of violence as an infliction of physical harm, paired with a broad discussion of its causes and a wide definition of punishment as an authority claim to retribution or reform, the book maps and interprets political-theoretical discourses on the death penalty, historical explanations of the changes of violence and punishment, and comparative differences in punishment. It also puts violence and punishment into perspective with political power, world religions, literature and film, and criminological theory. The final chapter changes the perspective taken in the bulk of the book, dealing with discourses of theodicy in the face of cases of extreme violence and suffering. By juxtaposing many unusual discourses, the book attempts to fulfill three primary functions. First, it skeptically probes numerous discourses explaining and legitimizing violence and punishment in the light of extreme cases. The book is a map of violence and punishment. Second, it invites the reader to confront, choose, and combine these discourses when thinking about facts and norms of punishment. The book provides an analytical toolbox for research of violence and punishment. Third, the book presents wider sense-seeking strategies employed to deal with suffering such as irony, redemption, or rationalization.
What are the influences that govern how people view their worlds? What are the embedded values and practices that underpin the ways people think and act? Discourses We Live By approaches these questions through narrative research, in a process that uses words, images, activities or artefacts to ask people – either individually or collectively within social groupings – to examine, discuss, portray or otherwise make public their place in the world, their sense of belonging to (and identity within) the physical and cultural space they inhabit. This book is a rich and multifaceted collection of twenty-eight chapters that use varied lenses to examine the discourses that shape people’s lives. The contributors are themselves from many backgrounds – different academic disciplines within the humanities and social sciences, diverse professional practices and a range of countries and cultures. They represent a broad spectrum of age, status and outlook, and variously apply their research methods – but share a common interest in people, their lives, thoughts and actions. Gathering such eclectic experiences as those of student-teachers in Kenya, a released prisoner in Denmark, academics in Colombia, a group of migrants learning English, and gambling addiction support-workers in Italy, alongside more mainstream educational themes, the book presents a fascinating array of insights. Discourses We Live By will be essential reading for adult educators and practitioners, those involved with educational and professional practice, narrative researchers, and many sociologists. It will appeal to all who want to know how narratives shape the way we live and the way we talk about our lives.
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
This innovative book tells the fascinating tale of the long histories of violence, punishment, and the human body, and how they are all connected. Taking the decline of violence and the transformation of punishment as its guiding themes, the book highlights key dynamics of historical and social change, and charts how a refinement and civilizing of manners, and new forms of celebration and festival, accompanied the decline of violence. Pieter Spierenburg, a leading figure in historical criminology, skillfully extends his view over three continents, back to the middle ages and even beyond to the Stone Age. Ranging along the way from murder to etiquette, from social control to popular culture, from religion to death, and from honor to prisons, every chapter creatively uses the theories of Norbert Elias, while also engaging with the work of Foucault and Durkheim. The scope and rigor of the analysis will strongly interest scholars of criminology, history, and sociology, while the accessible style and the intriguing stories on which the book builds will appeal to anyone interested in the history of violence and punishment in civilization.
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
This book brings together scholarship on three different forms of state violence, examining each for what it can tell us about the conditions under which states use violence and the significance of violence to our understanding of states. This book calls into question the legitimacy of state uses of violence and mounts a sustained effort at interpretation, sense making, and critique. It suggests that condemning the state's decisions to use lethal force is not a simple matter of abolishing the death penalty or – to take another exemplary example of the killing state – demanding that the state engage only in just (publicly declared and justified) wars, pointing out that even such overt instances of lethal force are more elusive as targets of critique than one might think. Indeed, altering such decisions may do little to change the essential relationship of the state to violence.
Both significant and timely, Blackhood Against the Police Power addresses the punishment of “race” and the disavowal of sexual violence central to the contemporary “post-racial” culture of politics. Here the author asserts that the post-racial presents an antiblack animus that should be read as desiring the end of blackness and the black liberation movement’s singular ethical claims. The book redefines policing as a sociohistorical process of implementing antiblackness and, in so doing, redefines racism as an act of sexual violence that produces the punishment of race. It smartly critiques the way leading antiracist discourse is frequently complicit with antiblackness and recalls the original 1960s conception of black studies as a corrective to the deficiencies in today’s critical discourse on race and sex. The book explores these lines of inquiry to pinpoint how the history of racial slavery wraps itself in a new discourse of disavowal. In this way, Blackhood Against the Police Power responds to a range of texts, policies, practices, and representations complicit with the police power—from the Fourth Amendment and the movements to curtail stop-and-frisk policing and mass incarceration to popular culture treatments of blackness to the leading academic discourses on race and sex politics.
Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.