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ON CRIMES & PUNISHMENTS / Edition 1

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Overview

Punishment and Social Structure originated from an article written by Georg Rusche in 1933 entitled "Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice." Originally published in Germany by the Frankfurt Institute of Social Research, this article became the germ of a theory of criminology that laid the groundwork for all subsequent research in this area. Rusche and Kirchheimer look at crime from an historical perspective, and correlate methods of punishment with both temporal cultural values and economic conditions. The authors classify the history of crime into three primary eras: the early Middle Ages, in which penance and fines were the predominant modes of punishment; the later Middle Ages, in which harsh corporal punishment and capital punishment moved to the forefront; and the seventeenth century, in which the prison system was more fully developed. They also discuss more recent forms of penal practice, most notably under the constraints of a fascist state.

The purpose of American Penology is to provide a story of punishment's past, present, and likely future. The story begins in the 1600s, in the setting of colonial America, and ends in the present. As the story evolves through various historical and contemporary settings, America's efforts to understand and control crime unfold. The context, ideas, practices, and consequences of various punishment reforms are described and examined.

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Product Details

  • ISBN-13: 9780915145973
  • Publisher: Hackett Publishing Company, Inc.
  • Publication date: 11/1/1986
  • Series: Hpc Classics Series
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 105
  • Sales rank: 728,467
  • Product dimensions: 5.30 (w) x 8.40 (h) x 0.30 (d)

Meet the Author

Cesare Beccaria (1738-1794) was an Italian philosopher and politician. He is known as one of the founders of modern criminology and penology. In his lifetime he was made chair of law and economy at Palatine College, became a member of the supreme economic council and was elected to the board for the reform of the judicial code all in Milan.

Graeme Newman is distinguished teaching professor in the School of Criminal Justice at the State University of New York-Albany, and was a consult for the Criminal Justice and Crime Prevention Division of the United Nations. He is the author or editor of many books, including Super Highway Robbery, The Global Report on Crime and Justice, and Rational Choice and Situational Crime Prevention. Pietro Marongiu is associate professor of criminology in the School of Medicine, University of Cagliari, Sardinia, Italy. He is the author of Theory and History of Social Banditry in Sardinia.

Graeme Newman is distinguished teaching professor in the School of Criminal Justice at the State University of New York-Albany, and was a consult for the Criminal Justice and Crime Prevention Division of the United Nations. He is the author or editor of many books, including Super Highway Robbery, The Global Report on Crime and Justice, and Rational Choice and Situational Crime Prevention. Pietro Marongiu is associate professor of criminology in the School of Medicine, University of Cagliari, Sardinia, Italy. He is the author of Theory and History of Social Banditry in Sardinia.

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Table of Contents

Introduction to the Treatise vii

A Note on the Text lvii

Biographical Note lxvii

Title Page 1

To the Reader 3

Introduction 7

§ I The Origin of Punishments 9

§ II The Right to Punish 11

§ III Implications So Far 13

§ IV The Interpretation of Laws 15

§ V The Obscurity of the Laws 17

§ VI The Proportion between Crime and Punishment 19

§ VII Errors in the Measurement of Crime 23

§ VIII The Classification of Crimes 25

§ IX Honor 27

§ X Duels 29

§ XI Disturbing the Peace 31

§ XII The Purpose of Punishment 33

§ XIII On Witnesses 35

§ XIV Evidence and Forms of Judgment 37

§ XV Secret Accusations 39

§ XVI Torture 41

§ XVII Revenue Authorities 47

§ XVIII Oaths 49

§ XIX Prompt Punishment 51

§ XX Violent Crimes 53

§ XXI Punishing Nobles 55

§ XXII Theft 57

§ XXIII Public Condemnation 59

§ XXIV Political Indolence 61

§ XXV Banishment and Confiscation 63

§ XXVI On the Spirit of the Family 65

§ XXVII The Mildness of Punishments 69

§ XXVIII The Punishment of Death 71

§ XXIX Preventive Detention 77

§ XXX Criminal Proceedings and the Statute of Limitations 81

§ XXXI Crimes Difficult to Prove 83

§ XXXII Suicide 87

§ XXXIII Smuggling 91

§ XXXIV Debtors 93

§ XXXV Sanctuaries 95

§ XXXVI Bounties 97

§ XXXVII Attempts, Accomplices, Pardons 99

§ XXXVIII Suggestive Interrogations, Depositions 101

§ XXXIX On a Particular Kind of Crime 103

§ XL False Ideas of Utility 105

§ XLI How to Prevent Crimes 107

§ XLII On theSciences 109

§ XLIII Judges 113

§ XLIV Rewards 115

§ XLV Education 117

§ XLVI On Pardons 119

§ XLVII Conclusion 121

Endnotes 123

References 149

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