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Nicola Lacey presents a new approach to the question of the moral
justification of punishment by the State. She focuses on the theory
of punishments in context of other political questions, such as the
nature of political obligation and the function and scope of
criminal law. Arguing that no convincing set of justifying reasons
has so far been produced, she puts forward a theory of punishments
which places the values of the community at its centre.
Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre. eBook available with sample pages: 0203046064
Celia Wells always felt like an outsider. Her unconventional early
life was shaped by her Communist Party parents, she grew up as
`town' not `gown' in Oxford, surrounded by books but living in a
council house. She has uncovered an intriguing backstory with a
bigamous grandmother, a convicted forger cousin transported to
Australia in the 1840s, and the rise and fall of landed gentry. The
author describes her parents' bohemian friends and their coded
language and uses their original wartime correspondence to produce
a picture of a fascinating heritage which ran against the grain and
shaped an inquiring mind. A Woman in Law shows how the post-war
political landscape provided opportunities for women yet failed to
shift many entrenched advantages of gender and class. Tracing the
rocky path to becoming Cardiff University's first female law
professor, the author shows how her distinctive academic research
led to different approaches to teaching criminal law as well as
contributing to key reforms described in the book. As she asserts,
`I wanted to write about my rather confused political and cultural
background, and to relate it to my professional and personal life,
to my academic writing, to my relationships, and my beliefs, my
experiences of suicide and addiction in my close family.'
Nicola Lacey's book presents a feminist critique of law based on an
analysis of the ways in which the very structure or method of
modern law is gendered. All of the essays in the book therefore
engage at some level with the question of whether there are things
of a general nature to be said about what might be called the sex
or gender of law. Ranging across fields including criminal
law,public law and anti-discrimination law, the essays examine the
conceptual framework of modern legal practices: the legal
conception of the subject as an individual; the concepts of
equality, freedom, justice and rights; and the legal construction
of public and private realms and of the relations between
individual, state and community. They also reflect upon the
deployment of law as a means of furthering feminist ethical and
political values. At a more general level, the essays contemplate
the relationship between feminist and other critical approaches to
legal theory; the relationship between the ideas underlying
feminist legal theory and those informing contemporary developments
in social and political theory; and the nature of the relationship
between feminist legal theories and feminist legal politics. The
essays in this book tell the story of an intellectual journey which
has led the author to question some of the central assumptions of
traditional legal education and scholarship. They also set out a
distinctive vision of jurisprudence as a form of critical social
theory.
Nicola Lacey's book presents a feminist critique of law based on an
analysis of the ways in which the very structure or method of
modern law is gendered. All of the essays in the book therefore
engage at some level with the question of whether there are things
of a general nature to be said about what might be called the sex
or gender of law. Ranging across fields including criminal
law,public law and anti-discrimination law, the essays examine the
conceptual framework of modern legal practices: the legal
conception of the subject as an individual; the concepts of
equality, freedom, justice and rights; and the legal construction
of public and private realms and of the relations between
individual, state and community. They also reflect upon the
deployment of law as a means of furthering feminist ethical and
political values. At a more general level, the essays contemplate
the relationship between feminist and other critical approaches to
legal theory; the relationship between the ideas underlying
feminist legal theory and those informing contemporary developments
in social and political theory; and the nature of the relationship
between feminist legal theories and feminist legal politics. The
essays in this book tell the story of an intellectual journey which
has led the author to question some of the central assumptions of
traditional legal education and scholarship. They also set out a
distinctive vision of jurisprudence as a form of critical social
theory.
In the early 18th Century, Daniel Defoe found it natural to write a
novel whose heroine was a sexually adventurous, socially marginal
property offender. Only half a century later, this would have been
next to unthinkable. Lacey explores the disappearance of Moll, and
her supercession in the annals of literary female offenders by
heroines like Tess, serving as a metaphor for fundamental changes
in ideas of selfhood, gender and social order in 18th and 19th
Century England. Drawing on law, literature, philosophy and social
history, she argues that these broad changes underpinned a radical
shift in mechanisms of responsibility-attribution, with decisive
implications for the criminalization of women.
This book examines how the treatment and understanding of female
criminality was changing during the era which saw the construction
of the main building blocks of the modern criminal process, and of
how these understandings related in turn to broader ideas about
gender, social order and individual agency. Lacey tells the story
of the shifting relationship between informal codes of norms such
as the 'cult of sensibility' and the formal system of criminal
justice, and of the impact on women and on understandings of
femininity of these complementary systems of discipline. By drawing
on a wide variety of sources, it casts light into corners which
remain obscure in accounts informed by a single discipline.
Over the last two decades, and in the wake of increases in recorded
crime and other social changes, British criminal justice policy has
become increasingly politicised as an index of governments'
competence. New and worrying developments, such as the inexorable
rise of the US prison population and the rising force of penal
severity, seem unstoppable in the face of popular anxiety about
crime. But is this inevitable? Nicola Lacey argues that harsh
'penal populism' is not the inevitable fate of all contemporary
democracies. Notwithstanding a degree of convergence, globalisation
has left many of the key institutional differences between national
systems intact, and these help to explain the striking differences
in the capacity for penal tolerance in otherwise relatively similar
societies. Only by understanding the institutional preconditions
for a tolerant criminal justice system can we think clearly about
the possible options for reform within particular systems.
This book provides an accessible introduction to jurisprudence and
legal theory. It sets out a course of study that offers a highly
effective series of introductions into a wide variety of theories
and theoretical perspectives, from traditional approaches such as
Natural Law to modern ones such as Feminist Theory, Economic
Analysis of Law and Foucault and Law, _ The book is designed for
students of jurisprudence and legal theory, but it will also assist
those studying law and legal systems within courses on Political
Science, Philosophy and Sociology.
Regulating Law explores how the goals and policies of the new
regulatory state are fundamentally reshaping jurisprudence in the
domains of public law, private law, and the regulation of work and
business. Fourteen areas of the core legal curriculum are
reassessed from the standpoint of the impact of regulation on
mainstream legal doctrine. The volume examines the collision of
regulation by law with regulation by other means and provides an
innovative regulatory perspective for the whole of law. To date,
regulatory scholarship has mainly been applied to specific
legislative programs and/or agencies for the social and economic
regulation of business. In this volume, a cast of internationally
renowned legal scholars each apply a 'regulatory perspective' to
their own area of law. Their contributions provide a rich analysis
of the limits and potential of legal doctrine as an instrument of
control both in regulatory settings, and in settings traditionally
immune from regulatory analysis. The result is an examination of
the regulation of the doctrines of law itself, and of the way in
which law regulates other forms of regulation and social ordering-
law as subject and object of regulation.
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