Annual Review of Law and Social Science by EDITOR AND ASSOCIATE EDITORS


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Press Hirsch AJ. 1992. The Rise of the Penitentiary: Prisons and Punishment in Early America. New Haven, CT: Yale Human Rights Watch. 2003. S. prisons and offenders with mental illness. HRW Rep. 1564322904, Human Rights Watch, New York, NY. pdf Nelken D. 1994. : The future of comparative criminology. In The Futures of Criminology, ed. D Nelken, pp. 220–43. London: Sage Nisbett R, Cohen D. 1996. Culture of Honor: The Psychology of Violence in the South. Boulder, CO: Westview Padoa-Schioppa A, ed.

To put it most generally: How should we understand a given social system of steering mechanisms as a system, CRIMINAL PUNISHMENT 25 in which criminal punishment plays only one, variable, role? This is a fundamental question, one that was first posed by the sociology of modernity but one to which only comparative lawyers can give convincing answers. Before leaving the sociology of modernity behind, I devote a few words to one of the most recent, and most stimulating, efforts: the theory of the “new penology,” proposed by Malcolm Feeley and Jonathan Simon.

Now, most of the sociologists who have produced this rich literature have brought a strongly modernist orientation to their work: They have generally written as though all the world were evolving in the same direction. (I do not mean to imply that these scholars are unaware of difference. ) This should not discourage comparatists from reading these sociologists, though. Quite the contrary: Properly understood, this is a literature that can well be exploited for comparative studies, and indeed illuminated by comparative studies.

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