Traces the accelerating trend towards privatization in the criminal justice system In contrast to government's predominant role in criminal justice today, for many centuries crime control was almost entirely private and community-based. Government police forces, prosecutors, courts, and prisons are all recent historical developments–results of a political and bureaucratic social experiment which, Bruce Benson argues, neither protects the innocent nor dispenses justice. In this comprehensive and timely book, Benson analyzes the accelerating trend toward privatization in the criminal justice system. In so doing, To Serve and Protect challenges and transcends both liberal and conservative policies that have supported government's pervasive role. With lucidity and rigor, he examines the gamut of private-sector input to criminal justice–from private-sector outsourcing of prisons and corrections, security, arbitration to full "private justice" such as business and community-imposed sanctions and citizen crime prevention. Searching for the most cost-effective methods of reducing crime and protecting civil liberties, Benson weighs the benefits and liabilities of various levels of privatization, offering correctives for the current gridlock that will make criminal justice truly accountable to the citizenry and will simultaneously result in reductions in the unchecked power of government.
In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor—or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.
This book compares and contrasts historical and contemporary Canadian and U.S. Native American policy. The contributors include economists, political scientists, and lawyers, who, despite analyzing a number of different groups in several eras, consistently take a political economy approach to the issues. Using this framework, the authors examine the evolution of property rights, from wildlife in pre-Columbian times and the potential for using property rights to resolve contemporary fish and wildlife issues, to the importance of customs and culture to resource use decisions; the competition from states for Native American casino revenues; and the impact of sovereignty on economic development. In each case, the chapters present new data and new ways of thinking about old evidence. In addition to providing a framework for analysis and new data, this book suggests how Native American and First Nation policy might be reformed toward the end of sustainable economic development, cultural integrity, and self-determination. For these reasons, the book should be of interest to scholars, policy analysts, and students of Native American law, economics, and resource use, as well as those interested in the history of Native Americans and Canada’s First Nations.
A challenging study of where America went wrong in the war on drugs. Even those who disagree will have to take notice of this well-argued book.'-John DiIulio, Woodrow Wilson School of Public and International Affairs, Princeton University
In the summer of 972 a group of Muslim brigands based in the south of France near La Garde-Freinet abducted the abbot of Cluny as he and his entourage crossed the Alps en route from Rome to Burgundy. Ultimately, the abbot was set free, but the audacity of this abduction outraged Christian leaders and galvanized the will of local lords. Shortly thereafter, Count William of Arles marshaled an army and succeeded in wiping out the Muslim stronghold. The monks of Cluny kept this tale alive over the next century. Scott G. Bruce explores the telling and retelling of this story, focusing on the representation of Islam in each account and how that representation changed over time. The culminating figure in this study is Peter the Venerable, one of Europe's leading intellectuals and abbot of Cluny from 1122 to 1156, who commissioned Latin translations of Muslim texts such as the Qur'an. Cluny and the Muslims of La Garde-Freinet provides us with an unparalleled opportunity to examine Christian perceptions of Islam in the Crusading era.
Examines three major cases in which litigation was used to achieve regulatory ends: the EPA's suit against heavy duty diesel engine manufacturers; asbestos and silica dust litigation by private attorneys; and private and state lawsuits against cigarette manufacturers"--Provided by publisher.
During the Renaissance, horses—long considered the privileged, even sentient companions of knights-errant—gradually lost their special place on the field of battle and, with it, their distinctive status in the world of chivalric heroism. Parrots, once the miraculous, articulate companions of popes and emperors, declined into figures of mindless mimicry. Cats, which were tortured by Catholics in the Middle Ages, were tortured in the Reformation as part of the Protestant attack on Catholicism. And sheep, the model for Agnus Dei imagery, underwent transformations at once legal, material, and spiritual as a result of their changing role in Europe's growing manufacturing and trade economies. While in the Middle Ages these nonhumans were endowed with privileged social associations, personal agency, even the ability to reason and speak, in the early modern period they lost these qualities at the very same time that a new emphasis on, and understanding of, human character was developing in European literature. In Animal Characters Bruce Thomas Boehrer follows five species—the horse, the parrot, the cat, the turkey, and the sheep—through their appearances in an eclectic mix of texts, from romances and poetry to cookbooks and natural histories. He shows how dramatic changes in animal character types between 1400 and 1700 relate to the emerging economy and culture of the European Renaissance. In early modern European culture, animals not only served humans as sources of labor, companionship, clothing, and food; these nonhuman creatures helped to form an understanding of personhood. Incorporating readings of Shakespeare's plays, Milton's Paradise Lost, Margaret Cavendish's Blazing World, and other works, Boehrer's series of animal character studies illuminates a fascinating period of change in interspecies relationships.
In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor—or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.
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