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Full-Text Articles in Law

Positively Punitive: How The Inventor Of Scientific Criminology Who Died At The Beginning Of The Twentieth Century Continues To Haunt American Crime Control At The Beginning Of The Twenty-First, Jonathan Simon Oct 2014

Positively Punitive: How The Inventor Of Scientific Criminology Who Died At The Beginning Of The Twentieth Century Continues To Haunt American Crime Control At The Beginning Of The Twenty-First, Jonathan Simon

Jonathan S Simon

The article presents a historical interpretation of changes in the penal system of the U.S. Penology is linked with incarceration rate outcomes. Rhetoric is considered in consistency with penalty themes and rehabilitation. The practice of positivist criminology is reflected when proponents viewed themselves as opposition to legal officials' crime control policy ideas.


Return Of The Medical Model: Disease And The Meaning Of Imprisonment From John Howard To Brown V. Plata, The, Jonathan Simon Oct 2014

Return Of The Medical Model: Disease And The Meaning Of Imprisonment From John Howard To Brown V. Plata, The, Jonathan Simon

Jonathan S Simon

No abstract provided.


Ghosts Of The Disciplinary Machine: Lee Harvey Oswald, Life-History, And The Truth Of Crime, Jonathan Simon Oct 2014

Ghosts Of The Disciplinary Machine: Lee Harvey Oswald, Life-History, And The Truth Of Crime, Jonathan Simon

Jonathan S Simon

Thirty-four years ago, the President's Commission on the Assassination of President Kennedy, popularly known as the Warren Commission, published its famous report. The Commission's most famous conclusion, that Lee Harvey Oswald, acting alone, shot and killed President John F. Kennedy, has been the subject of ceaseless public debate. Such attention, of course, is understandable. The theory of a "lone gunman" seems too mundane an explanation for the closest crime a republic can have to regicide. The overwhelming popular interest in the Commission's judgment, however, has had the unfortunate consequence of deflecting analysis away from the Commission itself as a political …


Wechsler's Century And Ours: Reforming Criminal Law In A Time Of Shifting Rationalities Of Government, Jonathan Simon Oct 2014

Wechsler's Century And Ours: Reforming Criminal Law In A Time Of Shifting Rationalities Of Government, Jonathan Simon

Jonathan S Simon

No abstract provided.


Ballad Of A Thin Man: Sociolegal Studies In A Time Of Postmodern Crisis, Jonathan Simon Oct 2014

Ballad Of A Thin Man: Sociolegal Studies In A Time Of Postmodern Crisis, Jonathan Simon

Jonathan S Simon

This article comments on a speech by Boaventura de Sousa Santos which was addressed to the Law and Society Association during its Annual Meeting on June 3, 1995 in Toronto, Canada, about the metaphors of a new conception of law. According to Santos, what is taking place, as of 1995, is simultaneously a crisis of subjectivity and government. The project of emancipation, Santos suggests, has collapsed into regulation. Santos offers three metaphors for the kinds of knowledge and law which may facilitate the construction of postmodern subjectivities. In the frontier, the baroque, and the South, Santos finds emancipatory possibilities. He …


Governing Through Crime Metaphors, Jonathan Simon Oct 2014

Governing Through Crime Metaphors, Jonathan Simon

Jonathan S Simon

No abstract provided.


Speaking Truth And Power, Jonathan Simon Oct 2014

Speaking Truth And Power, Jonathan Simon

Jonathan S Simon

No abstract provided.


Guns, Crime, And Governance, Jonathan Simon Oct 2014

Guns, Crime, And Governance, Jonathan Simon

Jonathan S Simon

No abstract provided.


Parrhesiastic Accountability: Investigatory Commissions And Executive Power In An Age Of Terror, Jonathan Simon Oct 2014

Parrhesiastic Accountability: Investigatory Commissions And Executive Power In An Age Of Terror, Jonathan Simon

Jonathan S Simon

No abstract provided.


Between Power And Knowledge: Habermas, Foucault, And The Future Of Legal Studies, Jonathan Simon Oct 2014

Between Power And Knowledge: Habermas, Foucault, And The Future Of Legal Studies, Jonathan Simon

Jonathan S Simon

No abstract provided.


The New Penology: Notes On The Emerging Strategy Of Corrections And Its Implications, Malcolm M. Feeley, Jonathan Simon Oct 2014

The New Penology: Notes On The Emerging Strategy Of Corrections And Its Implications, Malcolm M. Feeley, Jonathan Simon

Jonathan S Simon

The new penology argues that an important new language of penology is emerging. This new language, which has its counterparts in other areas of the law as well, shifts focus away from the traditional concerns of the criminal law and criminology, which have focused on the individual, and redirects it to actuarial consideration of aggregates. This shift has a number of important implications: It facilitates development of a vision or model of a new type of criminal process that embraces increased reliance on imprisonment and that merges concerns for surveillance and custody, that shifts away from a concern with punishing …


Ely, Delillo, And The Distrusted Moments Of Our Democracy, Jonathan Simon Oct 2014

Ely, Delillo, And The Distrusted Moments Of Our Democracy, Jonathan Simon

Jonathan S Simon

No abstract provided.


Gun Rights And The Constitutional Significance Of Violent Crime, Jonathan Simon Oct 2014

Gun Rights And The Constitutional Significance Of Violent Crime, Jonathan Simon

Jonathan S Simon

No abstract provided.


Consuming Obsessions: Housing, Homicide, And Mass Incarceration Since 1950, Jonathan Simon Oct 2014

Consuming Obsessions: Housing, Homicide, And Mass Incarceration Since 1950, Jonathan Simon

Jonathan S Simon

No abstract provided.


Megan's Law: Crime And Democracy In Late Modern America, Jonathan Simon Oct 2014

Megan's Law: Crime And Democracy In Late Modern America, Jonathan Simon

Jonathan S Simon

Deals with a study which explored the complex entanglements of democracy and governing through crime in the United States. Discussion on crime control as an integral part of democratic penal traditions; How the embedding of governing through crime into the new regime of liberal governance took shape in the country; Details on the adoption of `Megan's Law.'


Understanding Prison Policy And Population Trends, Theodore Caplow, Jonathan Simon Oct 2014

Understanding Prison Policy And Population Trends, Theodore Caplow, Jonathan Simon

Jonathan S Simon

No abstract provided.


Power Without Parents: Juvenile Justice In A Postmodern Society, Jonathan Simon Oct 2014

Power Without Parents: Juvenile Justice In A Postmodern Society, Jonathan Simon

Jonathan S Simon

No abstract provided.


Risk And Reflexivity: What Socio-Legal Studies Add To The Study Of Risk And The Law, Jonathan Simon Oct 2014

Risk And Reflexivity: What Socio-Legal Studies Add To The Study Of Risk And The Law, Jonathan Simon

Jonathan S Simon

No abstract provided.


In Another Kind Of Wood: Michel Foucault And Sociolegal Studies, Jonathan Simon Oct 2014

In Another Kind Of Wood: Michel Foucault And Sociolegal Studies, Jonathan Simon

Jonathan S Simon

No abstract provided.


The Ideological Effects Of Actuarial Practices, Jonathan Simon Oct 2014

The Ideological Effects Of Actuarial Practices, Jonathan Simon

Jonathan S Simon

Over the last century, there has been significant growth of practices that distribute costs and benefits to individuals based on statistical knowledge about the population. These actuarial practices, like insurance premium setting and standardized testing in educational admissions, are successful largely because they allow power to be exercised more effectively and at lower political cost. At the same time, they generate ideological effects that have the potential to transform the way individuals understand themselves and their groups. In a 1978 case, 'City of Los Angeles Department of Water and Power' v. 'Manhart,' the Supreme Court considered a challenge to the …


Fearless Speech In The Killing State: The Power Of Capital Crime Victim Speech, Jonathan Simon Oct 2014

Fearless Speech In The Killing State: The Power Of Capital Crime Victim Speech, Jonathan Simon

Jonathan S Simon

No abstract provided.


Katz At Forty: A Sociological Jurisprudence Whose Time Has Come, Jonathan Simon Oct 2014

Katz At Forty: A Sociological Jurisprudence Whose Time Has Come, Jonathan Simon

Jonathan S Simon

No abstract provided.


Law After Society, Jonathan Simon Oct 2014

Law After Society, Jonathan Simon

Jonathan S Simon

No abstract provided.


Driving Governmentality: Automobile Accidents, Insurance, And The Challenge To Social Order In The Inter-War Years, 1919 To 1941, Jonathan Simon Oct 2014

Driving Governmentality: Automobile Accidents, Insurance, And The Challenge To Social Order In The Inter-War Years, 1919 To 1941, Jonathan Simon

Jonathan S Simon

No abstract provided.


Back To The Future: Newman On Corporal Punishment, Jonathan Simon Oct 2014

Back To The Future: Newman On Corporal Punishment, Jonathan Simon

Jonathan S Simon

No abstract provided.


Sanctioning Government: Explaining America's Severity Revolution, Jonathan Simon Oct 2014

Sanctioning Government: Explaining America's Severity Revolution, Jonathan Simon

Jonathan S Simon

No abstract provided.


Teaching Criminal Law In An Era Of Governing Through Crime, Jonathan Simon Oct 2014

Teaching Criminal Law In An Era Of Governing Through Crime, Jonathan Simon

Jonathan S Simon

No abstract provided.


How Should We Punish Murder, Jonathan Simon Oct 2014

How Should We Punish Murder, Jonathan Simon

Jonathan S Simon

One of the “law jobs” of the law of murder is to regulate the level of “penal heat” produced in society by violent crime and its state punishment. The history of the law of murder in both England and the United States can be read as a series of adjustments aimed at ventilating penal heat under particular historical conditions with the aim of protecting increasingly sensitive democratic political institutions from the damage caused by excessive penal heat. In distinguishing murder and manslaughter, and later recognizing degrees of murder and later still the potential for early parole release, the law of …


Peace And Insurance: Recovering The Utopian Vision Of Insurance In Royce's War And Insurance, Jonathan Simon Oct 2014

Peace And Insurance: Recovering The Utopian Vision Of Insurance In Royce's War And Insurance, Jonathan Simon

Jonathan S Simon

No abstract provided.


The Long Walk Home To Politics, Jonathan Simon Oct 2014

The Long Walk Home To Politics, Jonathan Simon

Jonathan S Simon

No abstract provided.