Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.

aA lively, smart, combative collection, brimful of ideas and insights, this book takes on athe war on crimea and shows how America might move beyond it.a
--David Garland, author of "The Culture of Control"

aThis brave book challenges us, urgently, to rethink crime and punishment for the 21st century. It is not by accident that the US became the worldas largest incarcerator in just thirty-five years. After the War on Crime exposes how structural inequalities based on race and class and written into our laws, institutions and everyday practices have blackened our jails and prisons and reproduced segregated communities inside and out.a
--Susan Tucker, Director, The After Prison Initiative, Open Society Institute

Since the 1970s, Americans have witnessed a Pyrrhic war on crime, with sobering numbers at once chilling and cautionary. Our imprisoned population has increased five-fold, with a commensurate spike in fiscal costs that many now see as unsupportable into the future. As American society confronts a multitude of new challenges ranging from terrorism to the disappearance of middle-class jobs to global warming, the war on crime may be up for reconsideration for the first time in a generation or more. Relatively low crime rates indicate that the public mood may be swinging towards declaring victory and moving on.

However, to declare that the war is over is dangerous and inaccurate, and After the War on Crime reveals that the impact of this war reaches far beyond statistics; simply moving on is impossible. The war has been most devastating to those affected by increased rates and longer terms of incarceration, but its reach has also reshaped a sweeping range of socialinstitutions, including law enforcement, politics, schooling, healthcare, and social welfare. The war has also profoundly altered conceptions of race and community.

It is time to consider the tasks reconstruction must tackle. To do so requires first a critical assessment of how this war has remade our society, and then creative thinking about how government, foundations, communities, and activists should respond. After the War on Crime accelerates this reassessment with original essays by a diverse, interdisciplinary group of scholars as well as policy professionals and community activists. The volumeas immediate goal is to spark a fresh conversation about the war on crime and its consequences; its long-term aspiration is to develop a clear understanding of how we got here and of where we should go.

This powerful book reveals how modern strategies of punishment--and, by all accounts, their failure--relate to political and economic transformations in society at large. Jonathan Simon uses the practice of parole in California as a window to the changing historical understanding of what a corrections system does and how it works. Because California is representative of policies and practices on a national level, Simon explicitly presents his findings within a national framework.
When parole first emerged as a corrections strategy in the nineteenth century, work was supposed to keep ex-prisoners out of trouble. This strategy foundered in the changing economy after World War II. What followed was a rehabilitative strategy, where the clinical expertise of the parole agent replaced the discipline of the industrial labor market in defining and controlling criminal deviance. Today, Simon argues, as drastic changes in the economy have virtually locked out an entire class, rehabilitation has given way to mere management. The effect is isolation of the offender, either in jail or in an underclass community; the result is an escalating cycle of imprisonment, destabilization, and insecurity.
No significant improvement in the current penal crisis can be expected until we better understand the relationship between punishment and social order, a relationship which this book explores in theoretical, historical, and practical detail.

The path away from America's prison crisis may lead through the jail. While there may be many positive aspects of jails as sites of confinement, especially when compared with the prisons of mass incarceration, Irwin's analysis pointed to features that could make the new jail-based version of mass incarceration even worse. The local nature and relative obscurity of jails means that the level of legal review and due process obtainable in prisons through the persistent efforts of civil rights lawyers may be even harder to maintain in jails. The historic focus of jails on what Irwin called "rabble management" threatens to undermine the opportunity presented by the present prison crisis to rethink America's overreliance on confinement of all kinds (whether prisons, jails, or immigration detention centers). If so, it is vital that those of us committed to reversing the destructive effects of mass incarceration on American democracy and social equality expand our concern and our research from prisons to the jails that may replace them. The re-publication of John Irwin's The Jail: Managing the Underclass in American Society is a most timely aid to that mission. --From the foreword by Jonathan Simon

The project of interpreting contemporary forms of punishment means exploring the social, political, economic, and historical conditions in the society in which those forms arise. The SAGE Handbook of Punishment and Society draws together this disparate and expansive field of punishment and society into one compelling new volume. Headed by two of the leading scholars in the field, Jonathan Simon and Richard Sparks have crafted a comprehensive and definitive resource that illuminates some of the key themes in this complex area - from historical and prospective issues to penal trends and related contributions through theory, literature and philosophy. Incorporating a stellar and international line-up of contributors the book addresses issues such as: capital punishment, the civilising process, gender, diversity, inequality, power, human rights and neoliberalism. This engaging, vibrantly written collection will be captivating reading for academics and researchers in criminology, penology, criminal justice, sociology, cultural studies, philosophy and politics.

In this plea for human dignity, Jonathan Simon - called “one of the outstanding criminologists of his generation” by Nikolas Rose of the London School of Economics - charts a surprising path to end mass incarceration in America. Using the landmark Supreme Court ruling in Brown v. Plata on overcrowding in California prisons as his starting point, Simon suggests that incarcerating people on a “mass” scale simply cannot be accomplished in comportment with the Eighth Amendment’s prohibition on cruel and unusual punishment.

In an argument that the Los Angeles Review of Books calls “unique,” Simon contends that because we cannot offer meaningful health care, mental health care, or safe and reasonable prison conditions when prisons are run at many times their maximum capacity, “mass incarceration is fundamentally incompatible with humane treatment.”

Todd Clear, former dean of Rutgers School of Criminal Justice, calls Mass Incarceration on Trial “highly readable, stunning!”. Slate says the book “could mark the beginning of a new era in American jurisprudence,” and David Cole in the New York Review of Books calls Simon’s work a “sign of the new optimism about criminal justice reform.”

The famous and influential study of politics in action at all levels in the creation and expansion of the Tennessee Valley Authority -- with all its land use, agricultural, political and human effects. Landmark application of political and social theory coupled with prodigious research and insightful analysis made this a legendary work. Newly republished in print and digital formats in the Classics of the Social Sciences Series from Quid Pro Books, this acclaimed book is presented to a new generation of social scientists and historians with a new Foreword by Berkeley law professor Jonathan Simon. All formats include embedded page numbers from prior editions for continuity of reference and citation. This edition is reproduced in modern format with hyperaccurate proofreading of text and notes, and properly formatted tables.

What do you associate with chemistry? Explosions, innovative materials, plastics, pollution? The public's confused and contradictory conception of chemistry as basic science, industrial producer and polluter contributes to what we present in this book as chemistry's image as an impure science. Historically, chemistry has always been viewed as impure both in terms of its academic status and its role in transforming modern society. While exploring the history of this science we argue for a characteristic philosophical approach that distinguishes chemistry from physics. This reflection leads us to a philosophical stance that we characterise as operational realism. In this new expanded edition we delve deeper into the questions of properties and potentials that are so important for this philosophy that is based on the manipulation of matter rather than the construction of theories.

In these 15 taster essays you will discover the key concepts and critical approaches of the theorists who have had the most significant impact on the humanities since 1990. On completing each chapter, you will find suggestions for further reading so that you can find out more and start applying the ideas in question. In addition to chapters on individuals such as Badiou, Ranciere and Spivak, there are chapters on Laclau and Mouffe, and a chapter on Green critical theorists. Key Features *Written by experienced lecturers including John Armitage (Northumbria University), Paul Hegarty (University College Cork), David Huddart (Chinese University of Hong Kong), Simon Tormey (The University of Sydney), Samuel A. Chambers (Johns Hopkins University) *Sets each theorist in their biographical and intellectual context *The only book to offer chapter-length introductions to such a range of contemporary theorists making it the first place to look for an informed overview and evaluation *Jon Simons has edited two other popular guides to critical theory: From Kant to Levi-Strauss: The Background to Contemporary Critical Theory and Contemporary Critical Theorists: From Lacan to Said.

This authoritative guide introduces the key figures in contemporary critical theory for the beginning student. The critical theory covered in the volume includes: semiotics and discourse analysis; structuralism and post-structuralism; ideology critique; deconstruction; feminism; queer theory; psychoanalysis; postcolonialism; postmodernism; and the descendents of Frankfurt School Critical Theory. There are individual chapters on: Lacan; Althusser; Barthes; Derrida; Levinas; Kristeva; Irigaray; Cixous; Foucault; Lyotard; Deleuze; Baudrillard; and Guattari; Bourdieu; Habermas; Jameson; and Said. Each chapter provides biographical information and details about the thinker's intellectual context, an explanation of key concepts, an outline of the major angles of the theorist's work, an indication of ways in which their theory has been applied and suggestions for further reading. This text is designed as a companion to From Kant to Levi-Strauss: The Background to Contemporary Critical Theory, which is also edited by Jon Simons and published by Edinburgh University Press.

For much of the twentieth century, industrialized nations addressed social problems, such as workers' compensation benefits and social welfare programs, in terms of spreading risk. But in recent years a new approach has emerged: using risk both as a way to conceive of and address social problems and as an incentive to reduce individual claims on collective resources.
"Embracing Risk" explores this new approach from a variety of perspectives. The first part of the book focuses on the interplay between risk and insurance in various historical and social contexts. The second part examines how risk is used to govern fields outside the realm of insurance, from extreme sports to policing, mental health institutions, and international law. Offering an original approach to risk, insurance, and responsibility, the provocative and wide-ranging essays in "Embracing Risk" demonstrate that risk has moved well beyond its origins in the insurance trade to become a central organizing principle of social and cultural life.

aA lively, smart, combative collection, brimful of ideas and insights, this book takes on athe war on crimea and shows how America might move beyond it.a
--David Garland, author of "The Culture of Control"

aThis brave book challenges us, urgently, to rethink crime and punishment for the 21st century. It is not by accident that the US became the worldas largest incarcerator in just thirty-five years. After the War on Crime exposes how structural inequalities based on race and class and written into our laws, institutions and everyday practices have blackened our jails and prisons and reproduced segregated communities inside and out.a
--Susan Tucker, Director, The After Prison Initiative, Open Society Institute

Since the 1970s, Americans have witnessed a Pyrrhic war on crime, with sobering numbers at once chilling and cautionary. Our imprisoned population has increased five-fold, with a commensurate spike in fiscal costs that many now see as unsupportable into the future. As American society confronts a multitude of new challenges ranging from terrorism to the disappearance of middle-class jobs to global warming, the war on crime may be up for reconsideration for the first time in a generation or more. Relatively low crime rates indicate that the public mood may be swinging towards declaring victory and moving on.

However, to declare that the war is over is dangerous and inaccurate, and After the War on Crime reveals that the impact of this war reaches far beyond statistics; simply moving on is impossible. The war has been most devastating to those affected by increased rates and longer terms of incarceration, but its reach has also reshaped a sweeping range of socialinstitutions, including law enforcement, politics, schooling, healthcare, and social welfare. The war has also profoundly altered conceptions of race and community.

It is time to consider the tasks reconstruction must tackle. To do so requires first a critical assessment of how this war has remade our society, and then creative thinking about how government, foundations, communities, and activists should respond. After the War on Crime accelerates this reassessment with original essays by a diverse, interdisciplinary group of scholars as well as policy professionals and community activists. The volumeas immediate goal is to spark a fresh conversation about the war on crime and its consequences; its long-term aspiration is to develop a clear understanding of how we got here and of where we should go.

This book uses history to introduce central issues in the philosophy of chemistry. Mobilizing the theme of impurity, it explores the tradition of chemistry's negative image. It then argues for the positive philosophical value of chemistry, reflecting its characteristic practical engagement with the material world. The book concludes with some ethical reflections concerning chemistry's orientations in the twenty-first century.The authors have previously both offered significant contributions to the history and philosophy of chemistry.

This introductory textbook provides students and other readers with an accessible basic guide to key figures in 'The Tradition of Critique' - critical post-Enlightenment European thinking. The intellectual tradition covered by the book is broadly the Continental philosophy and theory which has had a significant impact on many theoretical innovations in the humanities and social sciences. Yet many students and non-philosophers have little understanding of the tradition on which such thinking draws. The book therefore covers those thinkers whose work serves as the background for many contemporary thinkers such as Derrida, Foucault and Habermas. There are individual chapters on: Kant, Hegel, Marx, Nietzsche, Weber, Freud, Lukacs, Adorno and Horkheimer, Husserl, Heidegger, Gadamer, Wittgenstein, Arendt and Levi-Strauss. Each chapter offers some contextualisation, presents and explains key concepts, explains the thinker's relevance to an ongoing tradition and offers suggestions for further reading.The volume provides readers with sufficient background knowledge to study more contemporary theorists whose work draws on, or assumes knowledge of, these earlier or more foundational thinkers. Thus the book is aimed specifically at students and scholars who do not have a philosophical training and who study literary, cultural, social or political theorists who engage with this European intellectual tradition. Features * Introduces 15 key figures in modern Western philosophy * Enables students to study individual thinkers from one handy reference resource * Explains the relevance of philosophical tradition to contemporary thought * Accessible to beginners and non-philosophers * Explains the main ideas and concepts which contemporary thinkers address * Oriented to the philosophical, social and political aspects of the critical tradition

International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

Bringing together leading scholars in the fields of criminology, international law, philosophy and architectural history and theory, this book examines the interrelationships between architecture and justice, highlighting the provocative and curiously ambiguous juncture between the two. Illustrated by a range of disparate and diverse case studies, it draws out the formal language of justice, and extends the effects that architecture has on both the place of, and the individuals subject to, justice. With its multi-disciplinary perspective, the study serves as a platform on which to debate the relationships between the ceremonial, legalistic, administrative and penal aspects of justice, and the spaces that constitute their settings. The structure of the book develops from the particular to the universal, from local situations to the larger city, and thereby examines the role that architecture and urban space play in the deliberations of justice. At the same time, contributors to the volume remind us of the potential impact the built environment can have in undermining the proper juridical processes of a socio-political system. Hence, the book provides both wise counsel and warnings of the role of public/civic space in affirming our sense of a just or unjust society.

"Cultural Analysis, Cultural Studies, and the Law "is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity--such as ethnicity, race, or religion--has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches--including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power.

Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions--as in Aldolph Eichmann's 1957 trial, hiv-related cases, and the U.S. Supreme Court's recent efforts to define the role of race in the construction of constitutionally adequate voting districts.

"Contributors. "Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young

Cultural Analysis, Cultural Studies, and the Law is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity-such as ethnicity, race, or religion-has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches-including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power. Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions-as in Aldolph Eichmann's 1957 trial, hiv-related cases, and the U.S. Supreme Court's recent efforts to define the role of race in the construction of constitutionally adequate voting districts. Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young

This book explores the history of pharmacy in France and its relationship to the discipline of chemistry as it emerged at the beginning of the nineteenth century. It argues that an appreciation of the history of pharmacy is essential to a full understanding of the constitution of modern science, in particular the discipline of chemistry. As such, it provides a novel interpretation of the chemical revolution (c.1770-1789) that will, no doubt, generate much debate on the place of the chemical arts in this story, a question that has hitherto lacked sufficient scholarly reflection. Furthermore, the book situates this analysis within the broader context of the French Revolution, arguing that an intimate and direct link can be drawn between the political upheavals and our vision of the chemical revolution. The story of the chemical revolution has usually been told by focusing on the small group of French chemists who championed Lavoisier's oxygen theory, or else his opponents. Such a perspective emphasises competing theories and interpretations of critical experiments, but neglects the challenging issue of who could be understood as practising chemistry in the eighteenth century. In contrast, this study traces the tradition of pharmacy as a professional pursuit that relied on chemical techniques to prepare medicines, and shows how one of the central elements of the chemical revolution was the more or less conscious disassociation of the new chemistry from this ancient chemical art.