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Retribution, Crime Prevention, and the Law
What ends do we expect and hope to serve in punishing criminal wrongdoers? Does the punishment of offenders do more harm than good for American society? In The Case against Punishment, Deirdre Golash addresses these and other questions about the value of punishment in contemporary society.
Drawing on both empirical evidence and philosophical literature, this book argues that the harm done by punishing criminal offenders is ultimately morally unjustified. Asserting that punishment inflicts both intended and unintended harms on offenders, Golash suggests that crime can be reduced by addressing social problems correlated with high crime rates, such as income inequality and local social disorganization. Punishment may reduce crime, but in so doing, causes a comparable amount of harm to offenders. Instead, Golash suggests, we should address criminal acts through trial, conviction, and compensation to the victim, while also providing the criminal with the opportunity to reconcile with society through morally good action rather than punishment.
Political conservatives have long believed that the best government is a small government. But if this were true, noted economist Jeff Madrick argues, the nation would not be experiencing stagnant wages, rising health care costs, increasing unemployment, and concentrations of wealth for a narrow elite. In this perceptive and eye-opening book, Madrick proves that an engaged government--a big government of high taxes and wise regulations--is necessary for the social and economic answers that Americans desperately need in changing times. He shows that the big governments of past eras fostered greatness and prosperity, while weak, laissez-faire governments marked periods of corruption and exploitation. The Case for Big Government considers whether the government can adjust its current policies and set the country right.
Madrick explains why politics and economics should go hand in hand; why America benefits when the government actively nourishes economic growth; and why America must reject free market orthodoxy and adopt ambitious government-centered programs. He looks critically at today's politicians--at Republicans seeking to revive nineteenth-century principles, and at Democrats who are abandoning the pioneering efforts of the Great Society. Madrick paints a devastating portrait of the nation's declining social opportunities and how the economy has failed its workers. He looks critically at today's politicians and demonstrates that the government must correct itself to address these serious issues.
A practical call to arms, The Case for Big Government asks for innovation, experimentation, and a willingness to fail. The book sets aside ideology and proposes bold steps to ensure the nation's vitality.
Much of the modern world's knowledge of criminal court trials in the Late Roman Republic derives from the orations of Cicero. His eleven court trial speeches have provided information about the trials and the practices of the time period. Records of the prosecution's case are lost; these speeches, our only transcripts of the time, were delivered by the defense. The Case for the Prosecution in the Ciceronian Era attempts to restore the judicial balance by depicting the lost side of the trial. Guided by Cicero's argument, Michael C. Alexander recreates the prosecution's case against the defendants in the trials. Organized into eleven chapters, each detailing one trial, the core of the work discusses the different dimensions of each trial, the circumstances surrounding the cases, those involved, the legal charges and allegations made by the prosecution, the ways in which the prosecution might have countered Cicero's rebuttal and the outcome. There is also a discussion concerning particular problems the prosecution may have faced in preparing for the trial. This book reveals strong points in favor of the prosecution; justifies the hope of the prosecutor, a private citizen who had volunteered to undertake the case; and asks why the prosecutors believed they would come out victorious, and why they eventually failed. The Case for the Prosecution in the Ciceronian Era draws on ancient rhetorical theory and on Roman law to shed light on these events. It will interest historians and classicists interested in Ciceronian oratory and those intrigued by legal history. Michael C. Alexander is Associate Professor of History, University of Illinois, Chicago.
Trials from the New Haven Colony, 1639–1663
In the middle of the seventeenth century, judges in the short-lived New Haven Colony presided over a remarkable series of trials ranging from murder and bestiality, to drunken sailors, frisky couples, faulty shoes, and shipwrecks. The cases were reported in an unusually vivid manner, allowing readers to witness the twists and turns of fortune as the participants battled with life and liberty at stake. When the records were eventually published in the 1850s, they were both difficult to read and heavily edited to delete sexual matters. Rendered here in modernized English and with insightful commentary by eminent Judge Jon C. Blue, the New Haven trials allow readers to immerse themselves in the exciting legal battles of America’s earliest days.
The Case of the Piglet’s Paternity assembles thirty-three of the most significant and intriguing trials of the period. As a book that examines a distinctive judicial system from a modern legal perspective, it is sure to be of interest to readers in law and legal history. For less litigious readers, Blue offers a worm’s eye view of the full spectrum of early colonial society—political leaders and religious dissidents, farmhands and apprentices, women and children.
The Lindbergh Kidnapping
The Case That Never Dies places the Lindbergh kidnapping, investigation, and trial in the context of the Depression, when many feared the country was on the edge of anarchy. Gardner delves deeply into the aspects of the case that remain confusing to this day, including Lindbergh’s dealings with crime baron Owney Madden, Al Capone’s New York counterpart, as well as the inexplicable exploits of John Condon, a retired schoolteacher who became the prosecution’s best witness. The initial investigation was hampered by Colonel Lindbergh, who insisted that the police not attempt to find the perpetrator because he feared the investigation would endanger his son’s life. He relented only when the child was found dead.
After two years of fruitless searching, Bruno Richard Hauptmann, a German immigrant, was discovered to have some of the ransom money in his possession. Hauptmann was arrested, tried, and sentenced to death. Throughout the book, Gardner pays special attention to the evidence of the case and how it was used and misused in the trial. Whether Hauptmann was guilty or not, Gardner concludes that there was insufficient evidence to convict him of first-degree murder.
Set in historical context, the book offers not only a compelling read, but a powerful vantage point from which to observe the United States in the 1930s as well as contemporary arguments over capital punishment.
This text broadly and comprehensively covers the area of law of succession in Kenya. It exposes the substantive succession legal regime applying in Kenya as well as the Kenyan probate practice. It is tailored specifically for the legal practitioner, the Magistrate and Judge and the law student William Musyoka holds L.L.B and LL.M degrees from the University of Nairobi. He is an Advocate of the High Court of Kenya and a law lecturer. He has taught the law of succession at the Kenya School of Law and is currently teaching the subject at the School of Law, University of Nairobi.
Lawyers, Society, and Politics in Barcelona, 1759-1900
Offering a window into the history of the modern legal profession in Western Europe, Stephen Jacobson presents a history of lawyers in the most industrialized city on the Mediterranean. Far from being mere curators of static law, Barcelona's lawyers were at the center of social conflict and political and economic change, mediating between state, family, and society.
Law, Politics, and the Humanitarian Impulse
From 9/11 to Katrina, from Darfur to the Minnesota bridge collapse, ours is an “age of catastrophe.” In this era, catastrophic events seem to have a revelatory quality: they offer powerful reminders of the fragility of our social and institutional architectures, making painfully evident vulnerabilities in our social organization that were otherwise invisible. By disrupting the operation of fundamental mechanisms and infrastructures of the social order, they lay bare the conditions that make our sense of normalcy possible. At a time when societies are directing an unprecedented level of resources and ingenuity to anticipating and mitigating catastrophic events, Catastrophe: Law, Politics, and the Humanitarian Impulse examines the tests that catastrophe poses to politics and humanitarianism as well as to the law. It explores legal, political, and humanitarian responses during times when the sudden, discontinuous, and disastrous event has become, perhaps paradoxically, a structural component of our political imagination. It asks whether law, politics, and humanitarianism live up to the tests posed by disaster, and the role all of them play in creating a more resilient world. Taken together the essays in this book ask us to see through and beyond the myths that surround catastrophe and our responses to it. They ask us to rethink our understanding of catastrophe and to imagine new legal, political, and humanitarian responses. In addition to the editors, contributors include Thomas Birkland, Michele Landis Dauber, Kim Fortun, Edward Rackley, Peter Redfield, Peter H. Schuck, and Susan Sterett.
"A day, an hour, of virtuous liberty is worth a whole eternity in bondage."
-Joseph Addison, Cato 1713
Joseph Addison was born in 1672 in Milston, Wiltshire, England. He was educated in the classics at Oxford and became widely known as an essayist, playwright, poet, and statesman. First produced in 1713, Cato, A Tragedy inspired generations toward a pursuit of liberty. Liberty Fund’s new edition of Cato: A Tragedy, and Selected Essays brings together Addison’s dramatic masterpiece along with a selection of his essays that develop key themes in the play.
Cato, A Tragedy is the account of the final hours of Marcus Porcius Cato (95–46 B.C.), a Stoic whose deeds, rhetoric, and resistance to the tyranny of Caesar made him an icon of republicanism, virtue, and liberty. By all accounts, Cato was an uncompromisingly principled man, deeply committed to liberty. He opposed Caesar’s tyrannical assertion of power and took arms against him. As Caesar’s forces closed in on Cato, he chose to take his life, preferring death by his own hand to a life of submission to Caesar.
Addison’s theatrical depiction of Cato enlivened the glorious image of a citizen ready to sacrifice everything in the cause of freedom, and it influenced friends of liberty on both sides of the Atlantic. Captain Nathan Hale’s last words before being hanged were, “I only regret that I have but one life to lose for my country,” a close paraphrase of Addison’s “What pity is it that we can die but once to serve our country!” George Washington found Cato such a powerful statement of liberty, honor, virtue, and patriotism that he had it performed for his men at Valley Forge. And Forrest McDonald says in his Foreword that “Patrick Henry adapted his famous ‘Give me liberty or give me death’ speech directly from lines in Cato.”
Despite Cato’s enormous success, Addison was perhaps best-known as an essayist. In periodicals like the Spectator, Guardian, Tatler, and Freeholder, he sought to educate England’s developing middle class in the habits, morals, and manners he believed necessary for the preservation of a free society. Addison’s work in these periodicals helped to define the modern English essay form. Samuel Johnson said of his writing, “Whoever wishes to attain an English style, familiar but not coarse, and elegant but not ostentatious, must give his days and nights to the study of Addison.”
Christine Dunn Henderson is a Senior Fellow at Liberty Fund. Prior to joining Liberty Fund in 2000, she was assistant professor of political science at Marshall University.
Mark E. Yellin, also a Fellow at Liberty Fund, received his Ph.D. from Rutgers University, has taught at North Carolina State University, and edited Douglass Adair’s Intellectual Origins of Jeffersonian Democracy.
Click here for a pdf of the Cato: A Tragedy brochure
The Prison State and the Lockdown of American Politics
The huge prison buildup of the past four decades has few defenders today, yet reforms to reduce the number of people in U.S. jails and prisons have been remarkably modest. Meanwhile, a carceral state has sprouted in the shadows of mass imprisonment, extending its reach far beyond the prison gate. It includes not only the country’s vast archipelago of jails and prisons but also the growing range of penal punishments and controls that lie in the never-never land between prison and full citizenship, from probation and parole to immigrant detention, felon disenfranchisement, and extensive lifetime restrictions on sex offenders. As it sunders families and communities and reworks conceptions of democracy, rights, and citizenship, this ever-widening carceral state poses a formidable political and social challenge.
In this book, Marie Gottschalk examines why the carceral state, with its growing number of outcasts, remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies—one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism.
In this bracing appraisal of the politics of penal reform, Gottschalk exposes the broader pathologies in American politics that are preventing the country from solving its most pressing problems, including the stranglehold that neoliberalism exerts on public policy. She concludes by sketching out a promising alternative path to begin dismantling the carceral state.