There is increasing pressure on the humanities to justify their value and on criminology to undertake interdisciplinary research. In this book, Rafe McGregor establishes a new interdisciplinary methodology, ‘criminological criticism’, harnessing the synergy between literary studies and critical criminology to produce genuine interventions in social reality. -/- McGregor practices criminological criticism on George Miller’s ‘Mad Max: Fury Road’, Prime Video’s ‘Carnival Row’ and J.K. Rowling’s ‘The Cuckoo’s Calling’, demonstrating how these popular allegories provide insights into the harms (...) of sexism, racism and class prejudice. -/- This book proposes a model for collaboration between literary studies and critical criminology that is beneficial to the humanities, the social sciences and society. (shrink)

This short essay examines the relationship between academic research and policy with particular emphasis on the question of whether a critical criminology can engage in academic critique at the same time as engaging in policy oriented research. Recognising that critical criminology falls between theory and politics criminologists are urged to adopt pragmatic, strategic positions as they negotiate their role in contentious debates and practical minefields. It is concluded that a critical criminology must try not (...) only to think the unthinkable about crime, but also to speak the unspeakable about the conditions in which and by which it is known. (shrink)

Literary Theory and Criminology demonstrates the significance of contemporary literary theory to the discipline of criminology, particularly to those criminologists who are primarily concerned with questions of power, inequality, and harm. Drawing on innovations in philosophical, narrative, cultural, and pulp criminology, it sets out a deconstructive framework as part of a critical criminological critique-praxis. -/- This book comprises eight essays – on globalisation, criminological fiction, poststructuralism, patriarchal political economy, racial capitalism, anthropocidal ecocide, critical theory, and (...) critical praxis – that argue for the value of contemporary literary theory to a critical criminology concerned with the construction of a just and sustainable reality in the face of climate change and other mass harms. This is the first criminology book to engage with literary theory from the perspective of criminology and provides a guide for criminologists who want to deploy literary theory as part of their research programmes. It supersedes existing engagements with poststructuralism in the philosophical criminological tradition because it entails neither a constructionist ontology nor a relativist epistemology. It shows criminologists how literary theory offers the tools to first deconstruct and then reconstruct meaning and value. -/- Literary Theory and Criminology is essential reading for all critical criminological theorists. (shrink)

Building on the insights of the late Roy Bhaskar and the late Roger Matthews, as well as some recent developments in ultra-realist criminology, this article introduces and delineates some core inte...

Criminology has been reluctant to embrace fictional narratives as a tool for understanding, explaining and reducing crime and social harm. -/- In this philosophical enquiry, McGregor uses examples from films, television, novels and graphic novels to demonstrate the extensive criminological potential of fiction around the world. Building on previous studies of non-fiction narratives, the book is the first to explore the ways criminological fiction provides knowledge of the causes of crime and social harm. -/- For academics, practitioners and students, (...) this is an engaging and thought-provoking critical analysis that establishes a bold new theory of criminological fiction. (shrink)

This book critically explores the development of radical criminology through a range of written Ancient Greek works including epic and lyrical poetry, drama and philosophy, across different chapters. It traces the development of political power and the concepts of law, legitimacy, crime, justice and deviance in the Ancient Greek world and the political struggles that propelled that development, using the conflict perspective as a conceptual tool of the sociological analysis of reality. Theoretical discussions of crime and justice typically stem (...) from the better known works of Plato or Aristotle although this book explores the works preceding these. This book will appeal to those interested in the history of criminology and the historical production of criminological knowledge. (shrink)

This article is a theoretical treatment of feminist epistemology of crime, which advocates the centrality of gender as a theoretical starting point for the investigating of digital crimes. It does so by exploring the synergy between the feminist perspectives and the Tripartite Cybercrime Framework (TCF) (which argues that three possible factors motivate cybercrimes – socioeconomic, psychosocial, and geopolitical) to critique mainstream criminology and the meaning of the term “cybercrime”. Additionally, the article examines gender gaps in online harassment, cyber‐bullying, cyber‐fraud, (...) revenge porn, and cyber‐stalking to demonstrate that who is victimised, why, and to what effect are the critical starting points for the analysis of the connections between gender and crimes. In turn, it uses the lens of intersectionality to acknowledge that, while conceptions of gender and crime interact, they intersect with other categories (e.g., sexuality) to provide additional layers of explanation. To nuance the utilitarian value of the synergy between the TCF and the feminist perspectives, the focus shifts to a recent case study (which compared socioeconomic and psychosocial cybercrimes). The article concludes that, while online and offline lives are inextricably intertwined, the victimisations in psychosocial cybercrimes may be more gendered than in socioeconomic cybercrimes. These contributions align the TCF to the feminist epistemology of crime in their attempt to move gender analysis of digital crimes “from margin to centre”. (shrink)

Standing at the intersection of criminology and philosophy, this book demonstrates the ways in which mythic movies and television series can provide understanding of actual crimes and social harms. Taking three social problems as its subjects - capitalist political economy, structural injustice, and racism - the book explores the ways in which David Fincher's Fight Club (1999), HBO's Game of Thrones (2011-2019), and Jordan Peele's Us (2019) offer solutions by reconceiving justice in terms of personal and collective transformation, utopian (...) thinking, and the relationship between racism and elitism respectively. In so doing, the authors set out a theory of understanding the world based on cinematic and televisual works of art and conclude with a template that establishes a methodology for future use. An Epistemology of Criminological Cinema is authoritative and accessible, ideal reading for undergraduate and postgraduate students, criminologists, philosophers, and film, television, and literary critics with an interest in social justice and social harm. (shrink)

Standing at the intersection of criminology and philosophy, this book demonstrates the ways in which mythic movies and television series can provide an understanding of actual crimes and social harms. Taking three social problems as its subjects – capitalist political economy, structural injustice, and racism – the book explores the ways in which David Fincher’s Fight Club (1999), HBO’s Game of Thrones (2011–2019), and Jordan Peele’s Us (2019) offer solutions by reconceiving justice in terms of personal and collective transformation, (...) utopian thinking, and the relationship between racism and elitism, respectively. In doing so, the authors set out a theory of understanding the world based on cinematic and televisual works of art and conclude with a template that establishes a methodology for future use. An Epistemology of Criminological Cinema is authoritative and accessible, ideal reading for undergraduate and postgraduate students, criminologists, philosophers, and film, television, and literary critics with an interest in social justice and social harm. (shrink)

This paper provides a brief but critical review of current thinking and debate about research ethics in criminology; it falls into two parts. The first part of the paper describes the sorts of ethical issues that tend to be flagged up in ‘textbook’ accounts of ethics in criminological research; some recent efforts to devise codes of ethics for researchers in criminology; and developments in what might be termed the ‘ethical policing’ of social research. The second part briefly (...) sketches some deeper issues to do with the ethics of research with ‘deviant subjects’. It suggests, in particular, that the ethical issues faced by criminological researchers cannot be ‘read off’ from a medical model of research. This, however, is not due simply to the greater use of qualitative methods of research in criminology. Rather, it is due to the distinctive political and ethical terrain occupied by criminology, which is significantly different to that occupied by medical research. (shrink)

In 1964, the British psychologist Hans Jürgen Eysenck published Crime and Personality, the book that set forth his theory of the criminal as a psychopathic poor conditioner. Crime and Personality went through three editions, and even those who vehemently rejected the theory acknowledged it as the most highly articulated and influential biological explanation of crime of its time. Yet today Eysenck’s name is fading from criminological memory - and none too soon, in the opinion of critics who continue to anathematize (...) him as a self-serving showman, charlatan, and dangerous right-wing conservative. This article addresses four questions. Who was Eysenck? What did he say about the causes of crime? Why was he (and why does he continue to be) such a controversial figure? And did he contribute any ideas of lasting significance to criminology? The answers open a window onto the late 20th-century revival of biocriminology, a return to biological explanations that continues into the present and seems to be accelerating. They also reveal characteristics of criminology itself as a knowledge enterprise that has changed over time. (shrink)

Abstract:Frantz Fanon is best known as the author of two monographs: Black Skin, White Masks (1952), a literary and psychological account of Black experience and anti-Black racism, and The Wretched of the Earth (1961), a political manifesto arguing for the need to respond to colonial oppression with revolutionary violence. His critics contend that the disciplinary division evinces a failure to successfully integrate the psychological with the political, which detracts from his intellectual legacy. In this article, I employ criminologist Jon Frauley’s (...) theory of the analytic value of fictional film to demonstrate that Denis Villeneuve’s Blade Runner 2049 (2017) not only provides an empirical referent for Fanon’s psychological and political theories but also reveals an underlying coherence that is not always obvious. I begin with a summary of Frauley’s theory and then alternate between Fanon’s theories and the way in which the film provides those theories with empirical referents. My conclusion, which highlights an essential continuity between individual transcendence and collective action in Fanon, draws on both Blade Runner 2049 and the military tactic of pseudo operations, which was employed to devastating effect against anti-colonial struggles in Africa in the second half of the twentieth century. (shrink)

Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals' liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the (...) ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service 'consumers' and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society's most vulnerable citizens in the names of 'justice' and 'treatment'. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field. (shrink)

Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading (...) contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology. "Lucid, fair-minded, and well-informed, Thom Brooks’ Punishment offers a superb introduction to a complex and contentious subject. Many a perplexed student will find illumination in his patient discussion of each of the leading theories. The way Brooks shows their interconnectedness and application in practice – to capital punishment, juvenile offenders, domestic violence, and the like – will interest not only students but scholars as well." ―Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law "As a topic in moral and political philosophy, punishment has been jolted back to life. In the last quarter century, retribution has returned with a vengeance, both in the theoretical literature and (with a very different emphasis) in public policy. The rise of the victim as a player in the criminal justice system has also fuelled a counter-trend, placing an emphasis on redress. Human rights, privatization, globalization, the rise of the therapist, the lobbyist, the terrorist: all have affected our ways of punishing and of thinking about punishment. A new survey of the terrain is overdue. And who better to conduct it than Thom Brooks, whose grasp of the literature and feel for the issues is second to none? From the noble ideals of ‘communicative’ theory to the grim realities of children in prison: in Punishment Brooks covers it all with insight, rigour, and energy." ―John Gardner, Professor of Jurisprudence, University of Oxford "Thom Brooks has produced a valuable introduction to, and critical survey of, current theoretical approaches to punishment together with an analysis of their implications for practice. In addition, he has provided a spirited defence of a new, unified theory inspired by the British Idealists and encompassing retributive, consequentialist, and restorative elements. Written in a lucid and engaging style, the book will interest a wide range of readers – students, theorists of punishment, as well as those engaged in criminal justice policy." ―Alan Brudner, Albert Abel Professor Emeritus, Faculty of Law, University of Toronto. (shrink)

Emerging New Voices in Critical Animal Studies: Vegan Studies for Total Liberation, co-edited by Nathan Poirier, Anthony J. Nocella II, and Annie Bernatchez of the Institute for Critical Animal Studies, is a brilliant radical engaging intersectional book promoting total liberation from new fresh critical animal studies voices throughout the world. This captivating critical animal studies collection, influenced by historical and ongoing radical movements such as green anarchism, Black liberation, prison abolition, feminism, Queer liberation, disability rights, and (...) decolonization, is one of the most powerful texts in the last decade within the animal liberation movement. We must begin to listen to new and young scholars for social justice to evolve in order to end speciesism and all forms of oppression. Read, share, reflect and act on this interdisciplinary collection of scholar-activists from sociology, anthropology, criminology, economics, philosophy, cultural studies, eco-theology, environmental studies, and education that will transform the global movement for radical social justice and propel total liberation forward. (shrink)

In the past ten years, work by K€olbel, MacFarlane, Richard and others has rekindled old debates on relativism. In this important contribution to those debates, the authors defend a ‘mainstream’ view about the contents of thought and talk that they call Simplicity against the assaults from such ‘analytic relativists’.

Radical or Marxist criminology is an influential critique which emerged in the late 1960s and emphasizes how power inequality and structures, especially those related to class, affect the nature of crime, law and justice. The essays selected for this volume draw attention to the influence of structural forces, neglected crime and the ways in which law and criminal justice processes reinforce power structures and contribute to class control.

The expression 'the criminal question' does not at present have much currency in English-language criminology. The term was carried across from Italian debates about the orientation of criminology, and in particular debates about what came to be called critical criminology. One definition offered early in the debate described it as 'an area constituted by actions, institutions, policies and discourses whose boundaries shift'. According to this writer, crime, and the cultural and symbolic significance carried by law and (...) criminal justice, is an integral aspect of the criminal question. 'The criminal question' draws attention to the specific location and constitution of a given field of forces, and the themes, issues, dilemmas and debates that compose it. At the same time it enables connections to be made between these embedded realities and the wider, conceivably global, contours of influence and flows of power with which it connects. This in turn raises many questions. How far do the responses to crime and punishment internationally flow from and owe their contemporary shape to the cultural and economic transformations now widely known as 'globalisation'? How can something that is in significant ways embedded, situated, and locally produced also travel? What is not in doubt is that it does travel - and travel with serious consequences. The international circulation of discourses and practices has become a pressing issue for scholars who try to understand their operation in their own particular cultural contexts. This collection of essays seeks a constructive comparative view of these tendencies to convergence and divergence. (shrink)

High levels of police corruption have been a persistent historical tendency in police services throughout the world. While the general area of concern in this book is with police corruption and anti-corruption, the focus is on certain key philosophical and ethical issues that arise for police organisations confronting corruption. On the normative account proffered in this book the principal institutional purpose of policing is the protection of legally enshrined moral rights and the principal institutional anti-corruption arrangement is what is referred (...) to as an integrity system. The latter includes oversight bodies with investigative powers and internal affairs departments as well as specific devices such as early warning indicators, professional reporting mechanisms and integrity tests. Key concepts analysed in the book include corruption, noble cause corruption and collective moral responsibility. The key ethical issues analysed include investigative independence, professional reporting, covert operations and integrity tests. (shrink)

Building Abolition: Decarceration and Social Justice explores the intersections of the carceral in projects of oppression, while at the same time providing intellectual, pragmatic, and undetermined paths toward abolition. Prison abolition is at once about the institution of the prison, and a broad, intersectional political project calling for the end of the social structured by settler colonialism, anti-black racism, and related oppressions. Beyond this, prison abolition is a constructive project that imagines and strives for a transformed world in which justice (...) is not equated with punishment, and accountability is not equated with caging. Composed of sixteen chapters by an international team of scholars and activists, with a Foreword by Perry Zurn and an Afterword by Justin Piché, the book is divided into four themes: - Prisons and Racism - Prisons and Settler Colonialism - Anti-Carceral Feminisms - Multispecies Carceralities. This book will be of interest to undergraduate and postgraduate students, activists, and scholars working in the areas of Critical Prison Studies, Critical Criminology, Native Studies, Postcolonial Studies, Black Studies, Critical Race Studies, Gender and Sexuality Studies, and Critical Animal Studies, with particular chapters being of interest to scholars and students in other fields, such as, Feminist Legal Studies, Animal Law, Critical Disability Studies, Queer Theory, and Transnational Feminisms. (shrink)

Rafe McGregor's Narrative Justice provides a powerful argument for the merit of an education by and through aesthetics as a way of challenging criminal inhumanity. As a work at the intersection of critical criminology and philosophy, it is a challenging and thoughtful articulation of the criminological imagination.1 Ultimately, McGregor's argument highlights the possibility of a political education through aesthetic engagement. The exemplary narratives that McGregor uses are varied and richly evocative. My commentary on the book is in keeping (...) with this spirit and suggests an exemplary narrative of my own as a way of both complementing McGregor's book and outlining its merits, as well as proposing a future line of... (shrink)

The crucial problem the proposed paper tries to shed light upon is especially the link between the concept of recognition, dignity of human persons. These problems are analyzed from the perspective of a critical criminology. The thesis of the paper is that Axel Honneth’s work on recognition offers a fruitful framework to those who want to criticize functional approaches to criminal law, for those who want to develop a critical criminology and a negative foundation of the (...) dignity of the human person. The paper tries also to show that without recognition there is no possibility of having a healthy democratic process and therefore the main function of criminal law must be the protection of recognition-relationships. KEY WORDS – Recognition. Dignity of human persons. Criminology. (shrink)

Abstract:The purpose of this introduction is to set out the scope and content of this special issue of the Journal of Aesthetic Education, which takes Aesthetic Education through Narrative Art as its subject. I begin by delineating the “aesthetic” itself and then identifying the denotation of “aesthetic education” with which the issue’s authors are concerned. This is followed by a characterization of “narrative art” that belies my preference for representation rather than art and draws attention to the multiple modes of (...) representation that constitute complex narratives. I next turn to the title of the special issue, an abridged version of Aesthetic Education through Narrative Art and its Relevance for the Humanities, which is an installation research project funded by the Croatian Science Foundation to investigate the relationship between aesthetic and artistic values on the one hand and ethical, political, and social values on the other. The project is multidisciplinary among philosophy, criminology, film studies, and cognitive science, and three of the authors are members of the project team. I conclude by introducing each of the six articles, which employ two approaches, one from philosophical aesthetics and the other from critical criminology. (shrink)

This article contributes to recent existentialist interventions in critical criminology (see Lippens and Crewe 2009) and offers the existential concept of ‘event’ as a guiding image for critical victimology. Whereas existential criminologists have examined crime and wrongdoing, very little attention has been given to victimization. I utilize the existential phenomenology of Martin Heidegger and Claude Romano to offer a critique of existing approaches to victimization within mainstream criminology and develop an evential analytic to understand the event (...) of victimization. This paper brings together existential philosophy and victimology to offer an alternative approach to victimization. I engage with the ‘problem of number’ in conventional victimology and offer a critique of quantitative approaches to victimization based on the unsubstitutability and singularity of existence. Through a discussion of selfhood and embodiment from an evential standpoint, this paper moves beyond existing victimological approaches to identity. I also consider the relationship between victimization and trauma. In the final section of the paper I carve out an alternative research agenda through a discussion of bearing witness and events of victimization. (shrink)

How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books does not embody those (...) norms. Another kind of answer is that the criminal law as it stands presupposes certain empirical facts, and yet those facts do not hold. Traditionally, criminal law reform has been informed by both these answers. Analytical theorists examine doctrine for its conceptual structure, and social scientists examine the actual workings of the criminal justice system. This tidy picture is, however, challenged by social constructivist accounts of the criminal law. They challenge the stability and conceptual purity of doctrine, and they challenge the objectivity of social science. On the basis of these challenges, they undermine the ambitions of traditional criminal law reform, and argue that the only reforms to the criminal law that matter are politicized ones—that criminal law reform is pointless unless it serves the interests of the marginalized and the dispossessed. It seems undeniable that in some sense our perceptions of crime in our society are indeed moulded by social forces, and that crime does not exist independently of the social structures and processes that help to define and control it. But why should those insights have the implications for our understanding of criminal law reform that they are alleged to have? How could it follow from those insights that criminal law reform either becomes radicalized or valueless? The aim of this paper is to show that what can legitimately be taken from the emphasis on the social constructedness of crime does not require wholesale abandonment of the traditional picture of criminal law reform, even though it may require some modifications of that picture. (shrink)

During the 1990s, the Berlin women’s prison was reformed to do justice to female inmates. This redesigning of space and programs was intended to meet women-specific conditions and needs. The present paper engages with this prison reform as transformation in the name of gender justice. Based on interviews with prison reformers, criminologists, and policymakers, as well as on the analysis of historical documents, we illuminate how a specific figure of the “criminalized woman” helps to translate the abstract notion of social (...) justice into situated practice. From the 1970s onward, a new knowledge of women’s crime would emerge: it constituted female offenders as victims of patriarchal oppression and victimization, allowing the prison system to be criticized as androcentric and discriminatory against women. We argue that subsequent reform pursued gender justice in the form of difference-based, gender-responsive programs and spaces targeting individual inmates’ character and mindset. Thereby, the reformers’ initial critique of social justice would be unintentionally depoliticized and so gender, economic, and political inequalities remained unaddressed. Our purpose is hence twofold: first, to review the recent history of women’s incarceration in Germany, and second, to add a social justice focus to the international criminological debate on gender, prison, and reform. (shrink)

Crime, Justice and Human Rights is an introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Integrating human rights and criminological frameworks across a range of subject areas - from criminalization and state crime, to crime prevention and critical analyses of the operation of the police, courts and penal system - the authors highlight both the potential and the limitations of human rights in informing new directions in criminology. Featuring (...) case material from Europe, North America, Australia and beyond, this critical, multidisciplinary text supports the teaching of human rights across a wide range of criminological topics, and assists students, researchers and independent readers to incorporate human rights paradigms into their criminological analysis. (shrink)

The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal (...) paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization. (shrink)

The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the (...) book he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism. (shrink)

Kara – jako immanentny element społeczeństwa – jest obiektem szeroko zakrojonych badań teoretyków różnych dziedzin – prawników, filozofów jak i socjologów. Bardzo często refleksje na jej temat wiązały się z artykułowaniem określonych postulatów – analiza tego, czym jest kara, przybierała tu postać twierdzeń o tym, czym kara być powinna. Dopiero wiek XIX przyniósł głębsze zainteresowanie historią kary. To wtedy właśnie analizy karania zaczęły przyjmować charakter deskryptywny, starając się ująć, jaką funkcję przypisywano karze w danym społeczeństwie w określonym momencie historycznym. Wydaje (...) się, że właśnie w tym paradygmacie należy osadzić to, co na temat przeobrażeń systemów karania miał do powiedzenia Michel Foucault. Charakterystyczne dla Foucaultowskiego ujęcia procesu przeobrażeń systemu karania byłoby przy tym to, że karę traktuje on jako „złożoną funkcję społeczną” a towarzyszące jej metody analizuje nie jako „proste konsekwencje przepisów prawa (…), ale jako swoiste techniki, które należałoby widzieć w szerszym kontekście metod sprawowania władzy”. Dokonana przez Foucaulta analiza ukazuje, że dana forma karania jest ściśle sprzężona z aktualną technologią władzy – służy wsparciu władzy i realizacji właściwych jej celów. Przyjęte przez Foucaulta założenie, by karę ujmować w pierwszym rzędzie jako funkcję polityczno-społeczną, a właściwie środek sprawowania władzy, otwiera nowe możliwości zrozumienia nie tylko historycznych metod karnych, lecz umożliwia również zrozumienie wciąż kontrowersyjnego zjawiska więziennictwa. Opis dostarczony przez francuskiego historyka idei pozwala uzasadnić fakt, że trwające od prawie 200 lat więziennictwo, mimo często druzgocącej krytyki, wciąż stanowi podstawę systemu karnego. Paradoksalny - bo permanentny - kryzys więziennictwa oznacza, że więziennictwo – w takiej samej mierze, w jakiej kiedyś starało się realizować funkcje właściwe władzy dyscyplinarnej – dzisiaj jest narzędziem realizującym funkcje właściwe biowładzy. Na kanwie analizy karania zaproponowanej przez Foucaulta trwanie więziennictwa wynika z faktu, że to, co z perspektywy starego modelu władzy dyscyplinarnej jawi się jako porażka - a więc zjawisko recydywy czy niesprawiedliwość systemu karnego – z perspektywy biowładzy jawi się jako pochodna nowych sposobów sprawowania władzy. (shrink)

This paper explores the visual construction and representation of co-accused women offenders in court drawings. It utilises three case studies of female co-defendants who appeared in the England and Wales court system between 2003 and 2013. In doing so this paper falls into three parts. The first part considers the emergence of the sub-discipline, visual criminology and examines what is known about the visual representation of female offenders. The second part presents the findings of an empirical investigation, which involved (...) engaging in a critical, reflexive visual analysis of a selection of court drawings of three female co-offenders. The third part discusses the ways in which the court artists' interpretation, the conventions of court sketching, and motifs of female offenders as secondary actors, drew on existing myths and prejudices by representing the women as listening, remorseless ‘others’. (shrink)

"E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for ""self-clarification"" in hopes of adding ""stimulus and material for further discussion."" A third edition was printed in 1927. Pashukanis's ""commodity-exchange"" theory of law (...) spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was ""rehabilitated"" by the Soviets and restored to an acceptable position in the historical development of marxist law. In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres." --Descripción del editor. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 458 [Access article in PDF] Philip Barker. Michel Foucault: An Introduction. Edinburgh: Edinburgh University Press, 1998. Pp. xiii + 160. Paper, $19.00. The significance and value of an analyst's contribution to intellectual life and understanding is to be found in the influence his or her ideas exert on forms of thought and analysis. In the case of Michel Foucault the impact (...) of his work is felt in a wide range of disciplinary fields, including philosophy and history, disciplines to which he explicitly directed his attention, as well as other areas of intellectual endeavor, notably, sociology, criminology, political science, cultural studies, feminism, architecture, and literary analysis. Indeed, there are now few disciplinary fields that have not experienced the Foucault effect.Writing an introduction to Foucault's work is not an easy task. There are so many interpretations and issues to address, and there are already a large number of texts published on his work. Undaunted by the magnitude of the task, Philip Barker has produced a fine text, one that simultaneously manages to offer a clear introduction to the key elements of Foucault's work as well as provide food for thought for those already relatively familiar with the Foucaultian legacy. In an impressively wide-ranging text, Barker opens his discussion with a consideration of the question of how we are to read Foucault. Reflecting on Foucault's discussion of the author function, discourse, the circulation and meaning of texts, as well as the difficulties of commentary, Barker introduces the reader to the features of a "Foucauldian style of textual criticism." From here the text proceeds to cover such key substantive concerns in Foucault's work as the articulation of power, truth and strategy (Chapter 2) and discipline, subjectivities and selves (Chapters 3 and 4), before turning to a discussion of Foucault's "archaeological strategy," conception of historical analysis, and critical interrogation of the sovereign subject (Chapter 5). In the two final chapters of the book Barker seeks to encourage the reader to be more than a passive consumer of Foucault and to develop a "critical interaction" with Foucault's work. Through a series of brief reflections on philosophy, the politics of theory, and the notion of "thinking against," Barker, drawing on a text by Longinus, attempts, with a good deal of success, to put into practice Foucault's idea of "thinking differently" (Chapter 6). The book ends on a more personal and somewhat self-indulgent note, but one hopefully that will still encourage introductory readers to get to grips with Foucault's work for themselves.Barker has succeeded in producing a concise and generally stimulating introduction to Foucault's work, and it should encourage readers to try to make sense of Foucault's work for themselves. An introduction can do nothing more than open up some of the possible themes and issues to be found in the work of a thinker, and there is no substitute for engaging directly with the rich range of possibilities present in Foucault's several texts. Barry Smart University of Portsmouth... (shrink)

Previous research on unethical business behavior usually has focused on its impact from a financial or philosophical perspective. While such foci are important to our understanding of unethical behavior, we argue that another set of outcomes linked to individual well-being are critical as well. Using data from psychological, criminological, and epidemiological sources, we propose a model of unethical behavior and well-being. This model postulates that decrements in well-being result from stress or trauma stemming from being victimized by, engaging in, (...) or witnessing unethical behavior, or even from being associated with individuals involved in such behavior. (shrink)

Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian (...) and neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism. (shrink)

Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian (...) and neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism. (shrink)