Impermissible Punishments
How Prison Became a Problem for Democracy

By (author) Judith Resnik

ISBN13: 9780226754741

Imprint: University of Chicago Press

Publisher: The University of Chicago Press

Format: Hardback

Published: 29/08/2025

Availability: Not yet available

Description
Introduction “If Whipping Were to Be Authorized” Part I: From the 1800s to World War II: Transatlantic Exchanges about Legitimate Forms of Punishment 1. The “Enlightened” Punishments of the Eighteenth Century 2. Nineteenth-Century Rationales for Deliberately Despotic Degradation 3. The Invention of “Corrections” in the “Civilized World” 4. A Gathering of Experts, a Geo-Political Bureaucracy, a “March of Progress,” and World War I 5. After the War: Envisioning an International “Charter of Prisoners’ Rights” 6. Negotiating Whipping, Dark Cells, and Food Deprivation: The 1934 League of Nations Rules for the Treatment of Prisoners 7. Keeping the “Scientific” Distinct from the “Political”: 1935 Nazi Berlin and Thereafter 8. Who “Speaks for” Corrections, and What to Say? Punishment and Politics in World War II and in Its Wake 9. Fundamental Rights “Even in Prison”: The UN’s 1955 Rules on Prisoners’ Dignity and Punishment’s Parameters Part II: Challenging the State’s Punitive Violence in the United States, 1965–1970 10. “And the Whipp Destroyed”: Prisoners Laying Claim to Personhood 11. Whipping Permitted, When Neither Excessive nor Arbitrary 12. The Violence Continued Thereafter 13. Whipping’s Trial 14. The Experts Opine: Whipping’s Particular Harms 15. Slowing the Whip through Law and Politics 16. Stopping the Whip but Not the Degradation 17. “Security, Discipline, and Good Order”: Racial Desegregation, Muslims’ Religious Freedom, and Remedies 18. Tolerating Deaths and Acquitting Sadists of Torturing Prisoners 19. A “Totality of Prison Conditions” as Unconstitutional Punishment 20. Corporal Oppression in Prison Part III: The Political and the Democratic in Punishment: The 1970s to Today 21. “Countenanced by the Constitution” in the 1970s 22. “Constitutional Tolerability” with Prisons as a “Hot Political Potato” 23. A Different “Posture”: Baselines Moving, and Not 24. Courts as Catalysts, Constraints, and Green Lights 25. Spending “Millions of More Dollars” to Do What? 26. “The Minimal Civilized Measure of Life’s Necessities” versus “Rehabilitation” 27. Sequela: Hyper-Density, Spiraling Budgets, and “Warehousing” 28. Double “Bunking,” Solitary Confinement, Mass Incarceration, and Abolition 29. Can It End? Prisons’ Permeability, Punishments’ Shifting Contours, and Corrections’ Transnational Girth and Vulnerabilities 30. Reasoning from Ruin: Inside and Out Acknowledgments and Note on Sources Notes Index
  • Legal history
  • Human rights & civil liberties law
  • General (US: Trade)
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List Price: £36.00