Law as punishment/law as regulation
By: edited by Austin Sarat, Lawrence Douglas, Martha Merrill Umphrey
Series: The Amherst series in law, jurisprudence, and social thought; Amherst series in law, jurisprudence, and social thought
Publisher: Stanford Law Books
Published: 2011
Place of publication: Stanford, California
Language: eng
Number of pages: 185
ISBN-13: 9780804771702
Copyright date: 2011
Subjects: Philosophy; Punishment; Criminal law
Description: "Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power"--Provided by publisher.
Notes: Includes bibliographical references and index.
Table of contents: title: On the blurred boundaries of punishment and regulation / Austin Sarat, Lawrence Douglas and Martha Merrill Umphrey; title: Regulatory and legal aspects of penality / Markus D. Dubber; title: Rights within the social contract : Rousseau on punishment / Corey Brettschneider; title: Collateral consequences and the perils of categorical ambiguity / Alec C. Ewald; title: In the prison of the mind : punishment, social order, and self-regulation / Susanna Lee; title: Stop and frisk : sex, torture, control / Paul Butler.