Suchergebnisse

part Part I Theoretical Reflections -- chapter 1 Coercion and Compliance: A New Look at an Old Problem -- chapter 2 The Concept of Laws in Social Science: A Critique and Notes on an Expanded View -- chapter 3 A Solution to the 'Voting Dilemma' in Modem Democratic Theory -- chapter 4 Legality, Social Research, and the Challenge of Institutional Review Boards -- chapter 5 The Black Basis of Constitutional Development -- part Part II Organizational Theory, Change, and the Criminal Process -- chapter 6 The Adversary System -- chapter 7 Two Models of the Criminal Justice System: An Organizational Perspective -- chapter 8 The Process is the Punishment -- chapter 9 Bail Reform -- chapter 10 Responsive Law and the Judicial Process: Implications for the Judicial Function (with Edward Rubin) -- chapter 11 The Prison Conditions Cases and the Bureaucratization of American Corrections: Influences, Impacts, and Implications (with Van Swearingen) -- chapter 12 Implementing Court Orders in the United States: Judges as Executives -- part Part III Social Theory and the Criminal Process -- chapter 13 The New Penology: Notes on the Emerging Strategy of Corrections and its Implications (with Jonathan Simon) -- chapter 14 Actuarial Justice: The Emerging New Criminal Law (with Jonathan Simon) -- chapter 15 Crime, Social Order, and the Rise of neo-Conservative Politics.

This essay argues that Stuart Scheingold's finest book is The Rule of Law in European Integration, a version of his doctoral dissertation published in 1965 by Yale University Press. It examines the argument of this book -- that the European Court of Justice was largely responsible for creating the "new Europe," and its constitution -- and assesses the evidence that Scheingold adduced to support this claim. The conclusion is that Scheingold produced a unique and convincing and important book. The essay then shows that this book disappeared without a trace. It should have won awards and been celebrated for the breakthrough analysis it was. Instead it disappeared, and a discouraged Scheingold abandoned this project and turned to other scholarly interests. The essay advances three arguments as to why the book had no impact. First, it was so far ahead of its time that it failed even to have an audience, and what few readers it had failed to appreciate its significance. Second, it had the misfortune of being written in the jargon-heavy language of structural functionalism just as this theory disappeared from fashion virtually overnight. Third, the book focuses on a form of law that is not in fashion with sociolegal scholars, who are preoccupied with commands and rights, and not with courts' abilities to create and empower new institutions. A final optimistic note is sounded in the face of this depressing account. When Scheingold abandoned his first field and turned to other scholarly interests, here too he made highly original and convincing arguments. But here, in contrast to his earlier experience with regional integration, this later work was widely recognized and praised, and the best of it is quite properly described as "classic.". [Copyright Elsevier Ltd.]

Privatization of corrections is problematic in large part because advocates claim that private contractors can provide the same or better services at less cost than public agencies. This article argues that there is another, even more important issue: privatization is fostered by entrepreneurs who do much more than provide alternative sources of services; they create demand for and then supply new forms of social control. Indeed, the history of modern criminal justice is to some extent the history of the success of entrepreneurs in generating new or significantly expanded forms of social control. The article examines the history of entrepreneurs in establishing transportation in the 18th century and the modern prison in the 19th, and then draws parallels to contemporary efforts to provide private prisons, 'community-based' juvenile facilities, and electronic monitoring programs.