By John Hagan, Kim Lane Scheppele, Tom R. Tyler eds.

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1950. Der Ursprung des Strafrechts aus dem Stande des Unfreien. In Elegantiae Juris Criminalis; Vierzehn Studien zur Geschichte des Strafrechts, ed. G Radbruch, pp. 17–30. Basel: Verlag f¨ur Recht und Gesellschaft. 2nd ed. Ross J. 2005. Impediments to transnational cooperation in undercover policing: a comparative study of the United States and Italy. Am. J. Comp. Law. In press Rusche G, Kirchheimer O. 1939. Punishment and Social Structure. New York: Columbia Univ. Press Saleilles R. 1911. The Individualization of Punishment.

As Wacquant presents it, prisons are playing an increasingly important role: From being one of many institutions oriented toward the management of the lowest social orders, the prison is gradually evolving into the primary institution serving that purpose. This does not necessarily mean, however, that they have lost their punishment function. On the contrary, it may be that, in our use of prisons, we have substituted punishment for the provision of social services. In a dire and depressing return to the world of early modern Europe, our prisons are once again becoming workhouses (Wacquant 1999).

J. Comp. Law 43:171 Foucault M. 1977. Discipline and Punish: The Birth of the Prison. Trans. A Sheridan. New York: Pantheon Garland D. 1985. Punishment and Welfare: A History of Penal Strategies. Aldershot, Hants, UK/Brookfield, VT: Gower Goffman E. 1970. Asylums: Essays on the Social Situation of Mental Patients and Other Inmates. Chicago: Aldine Hampton J. 1992. An expressive theory of retribution. In Retributivism and Its Critics, ed. W Cragg, pp. 1–25. Stuttgart: Steiner Hindus M. 1980. Prison and Plantation: Crime, Justice, and Authority in Massachusetts and South Carolina, 1767–1878.

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Annual Review of Law and Social Science, Vol. 1, 2005 by John Hagan, Kim Lane Scheppele, Tom R. Tyler eds.


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