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Annual Review of Law and Social Science, Vol. 1, 2005 - download pdf or read online

By John Hagan, Kim Lane Scheppele, Tom R. Tyler eds.

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1992. The new penology: notes on the emerging strategy of corrections and its implications. Criminology 30(4):449– 74 Fletcher G. 1994. Is conspiracy unique to the common law? Am. J. Comp. Law 43:171 Foucault M. 1977. Discipline and Punish: The Birth of the Prison. Trans. A Sheridan. New York: Pantheon Garland D. 1985. Punishment and Welfare: A History of Penal Strategies. Aldershot, Hants, UK/Brookfield, VT: Gower Goffman E. 1970. Asylums: Essays on the Social Situation of Mental Patients and Other Inmates.

Market forces play a larger role in steering American society than they do anywhere else in the industrialized world. Yet America has unusually harsh criminal punishment and considerable penalization of morals offenses. Nevertheless, there is a core insight in Durkheim that merits serious attention from comparatists. It is true that individual behavior may be steered through more than one mechanism. Criminal sanctions are one way of governing behavior; the civil law of obligations is another. A given society may use either or both of these mechanisms, and different societies rely on these different mechanisms in strikingly distinctive ways.

London/New York: Verso. Rev. ed. Durkheim E. 1984. The Division of Labor in Society. Trans. WD Halls. New York: Free Press Durkheim E. 1992. Two laws of penal evolution. In The Radical Sociology of Emile Durkheim, ed. M Gane, pp. 21–49. London: Routledge Elias N. 2000. The Civilizing Process: Sociogenetic and Psychogenetic Investigations. Trans. E Jephcott. Oxford: Blackwell. Rev. ed. Feeley M. 1997. Comparative criminal law for criminologists: comparing for what purpose? In Comparing Legal Cultures, ed.

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Annual Review of Law and Social Science, Vol. 1, 2005 by John Hagan, Kim Lane Scheppele, Tom R. Tyler eds.


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