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The classic and groundbreaking study of trial courts and other dispute processes - and foundational ways to think about researching them - is now available in a modern, updated edition. It is edited by Professors Keith O. Boyum and Lynn Mather, and contains chapters from the leading theorists about courts and their research. Much cited and relevant today in how it frames the analysis of courts, this book's new republication features an additional Introduction and Afterword by the editors, with updates, and a new Foreword by Christina L. Boyd. As Boyd writes, "For nearly all civil and criminal cases the traditional model of court as a judge-dominated, formal adversary process of adjudication does not hold. What exists instead ... is so variable, complex, and dynamic that a proper study of courts must return to first principles. And that is precisely what an all-star list of interdisciplinary court scholars, many of whom have established storied careers as trial court experts, does so well within the chapters of this book." She adds: "I find the text to be very contemporary. Empirical Theories About Courts' design to focus on theory building rather than simply examining discrete datasets or engaging in data mining of a single set of observations is a key factor in the book's longevity." The 2015 paperback edition includes the updating new material and contemporary presentation. (NOTE: Only the new edition from Quid Pro Books, adding a new Foreword by Dr. Boyd, includes these added features and updates, even if this description appears on sales pages for used copies of the previous edition.) A new ebook edition is also available. Part of the Classics of Law & Society Series from Quid Pro Books.
The classic and groundbreaking study of penal slavery throughout the ages is finally available again. Previously a rare book - despite the fact that it is widely quoted and cited by scholars in the field of sociology, penology, and criminology - this book can now be accessed easily worldwide and be assigned again to classes. Now in its fortieth anniversary edition, Sellin's classic book adds a new Foreword by Barry Krisberg at Berkeley, and incorporates changes the author originally planned for a second printing, provided to Quid Pro Books by the Special Collections Library at Penn. Part of the Classics of Law & Society Series from Quid Pro, this edition also includes explanatory Notes of the Series Editor by Steven Alan Childress at Tulane. The original printing's page numbers are inserted into the text, for continuity of referencing and convenience for classroom assignment. The book traces the direct and indirect influences of the social institution of chattel slavery on the evolution of penal systems and practices in Europe and the United States - a dismal story. The author reveals the darkest and most brutal aspects of penal history and the social forces that resisted or nullified the efforts of reformers who sought to bring about humanization of the punishment. The book shows that domestic punishments inflicted on slaves by masters later become legal punishments for crimes committed by low-class freemen - eventually to become legal sanctions against offenders regardless of social status. A dominant force is the class and caste structure of society that is reflected in the determination of what conduct should be defined as criminal, who should be punished, and what the punishment should be. Topics include ancient Greece and Rome, the Middle Ages in Europe, galley slaves and naval arsenal prisons in maritime countries, penal creation of public works, the rise of houses of correction, invention of the treadmill, practices in England and Russia, slavery in the antebellum South, and later U.S. chain gangs, penal farms, and convict-lease system. Also available in library-quality hardcover edition and in eBook formats.
This groundbreaking study of transitions and control in the California prison system has been extensively read, cited, and quoted in unpublished form-and is at last available worldwide. A compelling part of the canon of studies in penology, criminology, sociology, and organizational theory, this new edition of STRATEGIES OF CONTROL adds a 2016 foreword by Howard S. Becker and afterword by Jonathan Simon. Considered influential to two generations of scholars worldwide, Messinger's thesis examining prison systems' organization and reform-or in some ways, regression-is said to anticipate Erving Goffman's and Michel Foucault's writings on "total institutions" by many years, and raised themes that years later would fully resonate in criminology and sociology. In the new foreword, Becker notes that this is a "a masterful analysis of a systematically connected group of organizations, seeing them not as separate entities, but as a system whose organizational routines and peculiarities we couldn't understand if we didn't know their external connections as well as their internal workings." Its methodology was painstaking: "The officials of the new system's components, especially the wardens of the individual prisons, had [many] questions on their minds. You couldn't answer those questions by observing one of those prisons for a year or two." Not so in the author's decade of research leading up to this work. Indeed, Becker concludes, "Messinger's study provides the blueprint for more accurate and persuasive analyses of large organizations of every kind." Simon writes in the afterword that the book remains "an important contribution to understanding the nature of imprisonment and more broadly to the study of punishment in modern society," providing "a crucial background for rethinking the recent history of prisons and particularly the rise of mass incarceration, which has seen the proliferation of multi-prison systems, extensions of bureaucratic management within prisons, and the abandonment of rehabilitation as a central justification for punishment." Simon adds: "Creating a sociological analysis for such a complex extended network required a break with traditional sociological thinking," producing an "analytic shift from studying the 'prison system' to studying the broad array of agencies and authorities that made up 'the correctional establishment.'" Policymakers, practitioners, and scholars who are interested in a better understanding of the relationship between correctional systems, their comprising organizational components, and practices will learn much from this study. It provides a truly original contribution to our sociological understanding of how formal organizations comprising a correctional system evolve and operate through a series of relationships ultimately producing control of the system itself, its prisons, and its inmates. Given the current focus on evidence-based justice, Messinger's documentation and unique interpretation of the organizational dynamics, interconnections, and dependencies within correctional systems are clearly relevant and crucial to the successful implementation of such "translational criminology" reforms. - Thomas G. Blomberg, Dean and Sheldon L. Messinger Professor of Criminology College of Criminology and Criminal Justice, Florida State University Author, Advancing Criminology Part of the Classics of Law & Society Series from Quid Pro Books, this foundational book is at last available to a general audience, researchers, and students.
First published in 1985, this classic of law and society scholarship continues to shape the research agenda of today's sociology of punishment. It is now republished with a new Preface by the author. Punishment and Welfare explores the relation of punishment to politics, the historical formation and development of criminology, and the way in which penal reform grew out of the complex set of political projects that founded the modern welfare state. Its analyses powerfully illuminate many of the central problems of contemporary penal and welfare policy, showing how these problems grew out of political struggles and theoretical debates that occurred in the first years of the 20th century. In conducting this investigation, David Garland developed a method of research which combines detailed historical and textual analysis with a broader sociological vision, thereby synthesizing two forms of analysis that are more often developed in isolation. The resulting genealogy will interest everyone who works in this field. "... a brilliant book ... the main arguments of Punishment and Welfare are undoubtedly some of the most tenacious and exciting to emerge from the field of criminology in many years." Piers Bierne, Contemporary Sociology "... one of the most important pieces of work ever to emerge in British criminology. It is a study of depth, subtlety and complexity ... Garland's integration of close historical details with a broader sociological vision provides a model methodology...." Stan Cohen, British Journal of Criminology "This study shows how early 20th-century penal policy was a function of the nation's social welfare practices. Garland's theory is as applicable to the 21st century as it is to that earlier era: A tour de force." Malcolm Feeley, University of California, Berkeley
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