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Books > Law > Jurisprudence & general issues > Law & society
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Judge and Punish - The Penal State on Trial (Hardcover)
Loot Price: R2,288
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Judge and Punish - The Penal State on Trial (Hardcover)
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What remains anti-democratic in our criminal justice systems, and
where does it come from? Geoffroy de Lagasnerie spent years sitting
in on trials, watching as individuals were judged and sentenced for
armed robbery, assault, rape, and murder. His experience led to
this original reflection on the penal state, power, and violence
that identifies a paradox in the way justice is exercised in
liberal democracies. In order to pronounce a judgment, a trial must
construct an individualizing story of actors and their acts; but in
order to punish, each act between individuals must be transformed
into an aggression against society as a whole, against the state
itself. The law is often presented as the reign of reason over
passion. Instead, it leads to trauma, dispossession, and violence.
Only by overturning our inherited legal fictions can we envision
forms of truer justice. Combining narratives of real trials with
theoretical analysis, Judge and Punish shows that juridical
institutions are not merely a response to crime. The state claims
to guarantee our security, yet from our birth, we also belong to
it. The criminal trial, a magnifying mirror, reveals our true
condition as political subjects.
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