Elizabeth Lira
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199291922
- eISBN:
- 9780191603716
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199291926.003.0003
- Subject:
- Political Science, International Relations and Politics
This paper describes the reparations programs implemented in Chile from 1990 to 2004. These programs target the victims of human rights violations committed during the military regime (1973-1990). ...
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This paper describes the reparations programs implemented in Chile from 1990 to 2004. These programs target the victims of human rights violations committed during the military regime (1973-1990). These include the relatives of the missing and executed persons; people who were dismissed from their jobs for political motives; peasants who participated in land reform and were expelled from the land for political reasons; and Chilean exiles returning to the country. Political prisoners and torture victims were considered only in 2003. The creation of the Commission for Political Imprisonment and Torture (2003-2005) was followed by a law which provides pensions to political prisoners and torture victims identified by the Commission. Created with different kinds of victims in mind, these programs were based on pensions, social services, educational benefits, and public recognition of the violations of the victims’ rights, monuments, sites of memory, and health assistance, mainly in the form of mental health services. The Program for Reparation and Integral Health Assistance for Victims of Human Rights Violations, created in 1991 and reinforced by a law at the end of 2004, has been the reparation measure for all kinds of victims of human rights violations, including third-generation relatives.Less
This paper describes the reparations programs implemented in Chile from 1990 to 2004. These programs target the victims of human rights violations committed during the military regime (1973-1990). These include the relatives of the missing and executed persons; people who were dismissed from their jobs for political motives; peasants who participated in land reform and were expelled from the land for political reasons; and Chilean exiles returning to the country. Political prisoners and torture victims were considered only in 2003. The creation of the Commission for Political Imprisonment and Torture (2003-2005) was followed by a law which provides pensions to political prisoners and torture victims identified by the Commission. Created with different kinds of victims in mind, these programs were based on pensions, social services, educational benefits, and public recognition of the violations of the victims’ rights, monuments, sites of memory, and health assistance, mainly in the form of mental health services. The Program for Reparation and Integral Health Assistance for Victims of Human Rights Violations, created in 1991 and reinforced by a law at the end of 2004, has been the reparation measure for all kinds of victims of human rights violations, including third-generation relatives.
Lynne Dale Halamish and Doron Hermoni
- Published in print:
- 2007
- Published Online:
- November 2011
- ISBN:
- 9780195325379
- eISBN:
- 9780199999811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195325379.003.0013
- Subject:
- Palliative Care, Patient Care and End-of-Life Decision Making, Palliative Medicine and Older People
This chapter examines the concept of freedom in relation to the experience of 25-year-old Judah, who took the responsibility of caring for her girlfriend Sarah after they had a car accident and she ...
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This chapter examines the concept of freedom in relation to the experience of 25-year-old Judah, who took the responsibility of caring for her girlfriend Sarah after they had a car accident and she was seriously hurt with a head injury. Judah spent most his time caring for Sarah but later realized that he needed to earn money and decided to go to the Far East to sell imitation brand-name products. He was imprisoned for three months for selling illegal products, and when he returned to Sarah he learned to strike balance between caring for her and his personal life.Less
This chapter examines the concept of freedom in relation to the experience of 25-year-old Judah, who took the responsibility of caring for her girlfriend Sarah after they had a car accident and she was seriously hurt with a head injury. Judah spent most his time caring for Sarah but later realized that he needed to earn money and decided to go to the Far East to sell imitation brand-name products. He was imprisoned for three months for selling illegal products, and when he returned to Sarah he learned to strike balance between caring for her and his personal life.
Charles Barman and Ray Barman
- Published in print:
- 2009
- Published Online:
- September 2011
- ISBN:
- 9789622099760
- eISBN:
- 9789882207363
- Item type:
- book
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789622099760.001.0001
- Subject:
- History, Asian History
This is one of the fullest descriptions of the fighting in Hong Kong in 1941 and subsequent imprisonment of Hong Kongers, but in addition it is the view of a mature professional soldier, one who had ...
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This is one of the fullest descriptions of the fighting in Hong Kong in 1941 and subsequent imprisonment of Hong Kongers, but in addition it is the view of a mature professional soldier, one who had signed on in 1919 and in his long service had seen much, spending time on the North West Frontier in India. The author of this book was a Quartermaster Sergeant in the Royal Artillery during the battle for Hong Kong in December 1941. His job was to keep the artillery supplied and so he criss-crossed the mainland and Hong Kong Island during the fighting, getting a broader view of what was going on than most participants. Fortunately he kept a diary during those terrible days. At the end of the battle, with his fellow soldiers, he became a prisoner of war, but he continued somehow to maintain his diary. He spent most of the war in the Argyle Street camp and provided the most complete coverage of life there.Less
This is one of the fullest descriptions of the fighting in Hong Kong in 1941 and subsequent imprisonment of Hong Kongers, but in addition it is the view of a mature professional soldier, one who had signed on in 1919 and in his long service had seen much, spending time on the North West Frontier in India. The author of this book was a Quartermaster Sergeant in the Royal Artillery during the battle for Hong Kong in December 1941. His job was to keep the artillery supplied and so he criss-crossed the mainland and Hong Kong Island during the fighting, getting a broader view of what was going on than most participants. Fortunately he kept a diary during those terrible days. At the end of the battle, with his fellow soldiers, he became a prisoner of war, but he continued somehow to maintain his diary. He spent most of the war in the Argyle Street camp and provided the most complete coverage of life there.
Vanessa Barker
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195370027
- eISBN:
- 9780199871315
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195370027.001.0001
- Subject:
- Political Science, American Politics
This book examines how the democratic process and social trust shape penal sanctioning in the United States. The research shows that higher levels of civic engagement tend to support milder ...
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This book examines how the democratic process and social trust shape penal sanctioning in the United States. The research shows that higher levels of civic engagement tend to support milder punishments whereas lower levels tend to support more coercive criminal justice policies. The book challenges a taken‐for‐granted assumption about the democratic process and punishment. It shows that the apparent link between public participation, punitiveness, and harsh justice is not only historically contingent but dependent on specific institutional contexts and patterns of civic engagement, patterns that tend to vary within the United States and across liberal democracies. But perhaps more importantly, the research suggests the opposite relationship: increased democratization can support and sustain less coercive penal regimes. By comparing state‐level imprisonment variation and state‐level democratic traditions, this book highlights the importance of place, locality, and context in a globalizing social world.Less
This book examines how the democratic process and social trust shape penal sanctioning in the United States. The research shows that higher levels of civic engagement tend to support milder punishments whereas lower levels tend to support more coercive criminal justice policies. The book challenges a taken‐for‐granted assumption about the democratic process and punishment. It shows that the apparent link between public participation, punitiveness, and harsh justice is not only historically contingent but dependent on specific institutional contexts and patterns of civic engagement, patterns that tend to vary within the United States and across liberal democracies. But perhaps more importantly, the research suggests the opposite relationship: increased democratization can support and sustain less coercive penal regimes. By comparing state‐level imprisonment variation and state‐level democratic traditions, this book highlights the importance of place, locality, and context in a globalizing social world.
Francis Wing-lin Lee
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9789888028801
- eISBN:
- 9789882207226
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888028801.003.0014
- Subject:
- Society and Culture, Asian Studies
Imprisonment is the usual outcome when considering measures for correction and punishment for offenders. As this method is associated with a deterrence effect, it can promote the safety of the ...
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Imprisonment is the usual outcome when considering measures for correction and punishment for offenders. As this method is associated with a deterrence effect, it can promote the safety of the majority by isolating dangerous criminals. While incarceration is a custodial or non-community based treatment, community-based treatments may also be imposed in which offenders are able to receive supervision or participate in reparation activities while still living with their families and working or attending school. Such treatment is intended for more impulsive young offenders who are vulnerable to crime-committing situations. This chapter focuses on the issue of whether community-based treatments (CBTs)—Police Superintendent's Discretion Scheme (PSDS), Probation, and Community Service Orders(CSOs)—are indeed more humanitarian and effective.Less
Imprisonment is the usual outcome when considering measures for correction and punishment for offenders. As this method is associated with a deterrence effect, it can promote the safety of the majority by isolating dangerous criminals. While incarceration is a custodial or non-community based treatment, community-based treatments may also be imposed in which offenders are able to receive supervision or participate in reparation activities while still living with their families and working or attending school. Such treatment is intended for more impulsive young offenders who are vulnerable to crime-committing situations. This chapter focuses on the issue of whether community-based treatments (CBTs)—Police Superintendent's Discretion Scheme (PSDS), Probation, and Community Service Orders(CSOs)—are indeed more humanitarian and effective.
Vanessa Barker
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195370027
- eISBN:
- 9780199871315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195370027.003.0001
- Subject:
- Political Science, American Politics
This chapter identifies the chronic long‐term differences in American penal sanctioning, highlighting unexplained subnational imprisonment variation. It asks why the American states established ...
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This chapter identifies the chronic long‐term differences in American penal sanctioning, highlighting unexplained subnational imprisonment variation. It asks why the American states established different kinds of penal regimes when faced with similar kinds of policy problems of the late 1960s and 1970s: high crime, social unrest, war, declining trust and confidence in government. It argues that the way Americans engage in the democratic process shapes the way America punishes criminal offenders. When we see variation in democratic process, we are likely to see variation in penal sanctioning. It also links penal regime variation to the discourse on crime control that is rooted in the cultural tools and schemas of particular places rather than uniform or generalized trends. It introduces the case studies of California, Washington State, and New York.Less
This chapter identifies the chronic long‐term differences in American penal sanctioning, highlighting unexplained subnational imprisonment variation. It asks why the American states established different kinds of penal regimes when faced with similar kinds of policy problems of the late 1960s and 1970s: high crime, social unrest, war, declining trust and confidence in government. It argues that the way Americans engage in the democratic process shapes the way America punishes criminal offenders. When we see variation in democratic process, we are likely to see variation in penal sanctioning. It also links penal regime variation to the discourse on crime control that is rooted in the cultural tools and schemas of particular places rather than uniform or generalized trends. It introduces the case studies of California, Washington State, and New York.
Guénaél Mettraux
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199207541
- eISBN:
- 9780191709203
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207541.003.0030
- Subject:
- Law, Human Rights and Immigration
Once an accused has been sentenced and has exhausted all possibility of appeal, he will serve his sentence in one of the countries that have signed an agreement to that effect with the ad hoc ...
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Once an accused has been sentenced and has exhausted all possibility of appeal, he will serve his sentence in one of the countries that have signed an agreement to that effect with the ad hoc tribunals for Rwanda and the former Yugoslavia. Pursuant to Article 27 of the statute of the Yugoslav tribunal (Enforcement of sentences), imprisonment shall be served in a state designated by the International Tribunal from a list of states which have indicated to the United Nations Security Council their willingness to accept convicted persons. Article 26 of the statute of the Rwanda tribunal provides for a similar system although it also provides for the possibility of the sentence being served in Rwanda itself. The statutes of both tribunals also provide that imprisonment shall be in accordance with the applicable law of the state concerned, subject to the supervision of the International Tribunal.Less
Once an accused has been sentenced and has exhausted all possibility of appeal, he will serve his sentence in one of the countries that have signed an agreement to that effect with the ad hoc tribunals for Rwanda and the former Yugoslavia. Pursuant to Article 27 of the statute of the Yugoslav tribunal (Enforcement of sentences), imprisonment shall be served in a state designated by the International Tribunal from a list of states which have indicated to the United Nations Security Council their willingness to accept convicted persons. Article 26 of the statute of the Rwanda tribunal provides for a similar system although it also provides for the possibility of the sentence being served in Rwanda itself. The statutes of both tribunals also provide that imprisonment shall be in accordance with the applicable law of the state concerned, subject to the supervision of the International Tribunal.
Bellary Uma Devi
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198075998
- eISBN:
- 9780199080953
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198075998.001.0001
- Subject:
- Law, Human Rights and Immigration
The right to life and personal liberty is the most cherished one of all the human rights. The enjoyment of all other rights depends upon this basic right. This book is a significant contribution to ...
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The right to life and personal liberty is the most cherished one of all the human rights. The enjoyment of all other rights depends upon this basic right. This book is a significant contribution to the literature on the right to personal liberty. This book covers the provisions of criminal law, particularly those dealing with powers of arrest and detention and the safeguards against arbitrary exercise of those powers. It deals with preventive detention, detention pending investigation and trial, and punitive detention following conviction. It makes a strong case for further safeguards to reinforce the right to personal liberty. The discussion highlights what needs to be done further to ensure full enjoyment of the most precious right. The book shows that the justifications for punitive detention, namely, deterrence, reformation, and rehabilitation have turned out to be illogical and irrational. It advocates prevention of crime and reparation rather than punishment by way of imprisonment following conviction.Less
The right to life and personal liberty is the most cherished one of all the human rights. The enjoyment of all other rights depends upon this basic right. This book is a significant contribution to the literature on the right to personal liberty. This book covers the provisions of criminal law, particularly those dealing with powers of arrest and detention and the safeguards against arbitrary exercise of those powers. It deals with preventive detention, detention pending investigation and trial, and punitive detention following conviction. It makes a strong case for further safeguards to reinforce the right to personal liberty. The discussion highlights what needs to be done further to ensure full enjoyment of the most precious right. The book shows that the justifications for punitive detention, namely, deterrence, reformation, and rehabilitation have turned out to be illogical and irrational. It advocates prevention of crime and reparation rather than punishment by way of imprisonment following conviction.
Rivkah Zim
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691161808
- eISBN:
- 9781400852093
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691161808.003.0004
- Subject:
- Literature, Criticism/Theory
This chapter presents a reading of John Bunyan's Grace Abounding to the Chief of Sinners (1666) and Oscar Wilde's De Profundis (1897). In both texts, the recording consciousness of a prisoner ...
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This chapter presents a reading of John Bunyan's Grace Abounding to the Chief of Sinners (1666) and Oscar Wilde's De Profundis (1897). In both texts, the recording consciousness of a prisoner explains the reasons for his imprisonment; the narrative is therefore restricted to events and interactions that changed the author's past life and created his literary persona's new responses to them: self-knowledge. The protagonist of each narrative is thus a doubly displaced persona—not only a literary construct but also a shadow from the past—and no longer a separate consciousness except insofar as this is represented by the converted prison writer's quotations of his reprobate self's speech or thoughts. The memorial testimony of the prisoner connotes the experiences of his narrative's shadowy protagonist but specifies different perceptions of these experiences. In this way, each prisoner offers his recollections of personal memories as expert interpretations of historic actions, and description or analysis is coupled with dramatic dialogue.Less
This chapter presents a reading of John Bunyan's Grace Abounding to the Chief of Sinners (1666) and Oscar Wilde's De Profundis (1897). In both texts, the recording consciousness of a prisoner explains the reasons for his imprisonment; the narrative is therefore restricted to events and interactions that changed the author's past life and created his literary persona's new responses to them: self-knowledge. The protagonist of each narrative is thus a doubly displaced persona—not only a literary construct but also a shadow from the past—and no longer a separate consciousness except insofar as this is represented by the converted prison writer's quotations of his reprobate self's speech or thoughts. The memorial testimony of the prisoner connotes the experiences of his narrative's shadowy protagonist but specifies different perceptions of these experiences. In this way, each prisoner offers his recollections of personal memories as expert interpretations of historic actions, and description or analysis is coupled with dramatic dialogue.
Rivkah Zim
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691161808
- eISBN:
- 9781400852093
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691161808.003.0006
- Subject:
- Literature, Criticism/Theory
This chapter explores the personal and the political tactics of two remarkable, yet little-known, twentieth-century poets—Joean Cassou and Irina Ratushinskaya—who survived their imprisonments in ...
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This chapter explores the personal and the political tactics of two remarkable, yet little-known, twentieth-century poets—Joean Cassou and Irina Ratushinskaya—who survived their imprisonments in life-threatening conditions and emerged from confinement to find that their prison poetry had been published and circulated widely, carrying political messages that went beyond their authors' initial situations and declared purposes of resistance and self-preservation. Cassou's thirty-three sonnets are signs of a private inner world that enabled him to resist the psychological pressures of his imprisonment during the winter of 1941–42. By contrast, Ratushinskaya set out to speak for a group of women political prisoners in the last years of the Soviet Union. She used her poetry to sustain the group's morale and willpower to resist the lies and cruelty of their oppressors who controlled the prison camp in which they were interned for various kinds of political dissent.Less
This chapter explores the personal and the political tactics of two remarkable, yet little-known, twentieth-century poets—Joean Cassou and Irina Ratushinskaya—who survived their imprisonments in life-threatening conditions and emerged from confinement to find that their prison poetry had been published and circulated widely, carrying political messages that went beyond their authors' initial situations and declared purposes of resistance and self-preservation. Cassou's thirty-three sonnets are signs of a private inner world that enabled him to resist the psychological pressures of his imprisonment during the winter of 1941–42. By contrast, Ratushinskaya set out to speak for a group of women political prisoners in the last years of the Soviet Union. She used her poetry to sustain the group's morale and willpower to resist the lies and cruelty of their oppressors who controlled the prison camp in which they were interned for various kinds of political dissent.
Anne E. Parsons
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9781469640631
- eISBN:
- 9781469640655
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469640631.001.0001
- Subject:
- History, American History: 20th Century
To many, insane asylums are a relic of a bygone era. State governments took steps between 1950 and 1990 to minimize the involuntary confinement of people in mental hospitals, and many mental health ...
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To many, insane asylums are a relic of a bygone era. State governments took steps between 1950 and 1990 to minimize the involuntary confinement of people in mental hospitals, and many mental health facilities closed down. Yet, as this book reveals, the asylum did not die during deinstitutionalization. Instead, it returned in the modern prison industrial complex as the government shifted to a more punitive, institutional approach to social deviance, mental illness, and people with disabilities. Focusing on Pennsylvania, the state that ran one of the largest mental health systems in the country, the author tracks how the lack of community-based services, a fear-based politics around mental illness, and the economics of institutions meant that closing mental hospitals fed a cycle of incarceration that became an epidemic.
This groundbreaking book recasts the political narrative of the late twentieth century, as the book charts how the history of asylums and prisons were inextricably intertwined. It argues that the politics of mass incarceration shaped the deinstitutionalization of psychiatric hospitals and social welfare policy, and vice versa. The book offers critical insight into how the prison took the place of the asylum and shaped the rise of the prison industrial complex and creating new forms of social marginality.Less
To many, insane asylums are a relic of a bygone era. State governments took steps between 1950 and 1990 to minimize the involuntary confinement of people in mental hospitals, and many mental health facilities closed down. Yet, as this book reveals, the asylum did not die during deinstitutionalization. Instead, it returned in the modern prison industrial complex as the government shifted to a more punitive, institutional approach to social deviance, mental illness, and people with disabilities. Focusing on Pennsylvania, the state that ran one of the largest mental health systems in the country, the author tracks how the lack of community-based services, a fear-based politics around mental illness, and the economics of institutions meant that closing mental hospitals fed a cycle of incarceration that became an epidemic.
This groundbreaking book recasts the political narrative of the late twentieth century, as the book charts how the history of asylums and prisons were inextricably intertwined. It argues that the politics of mass incarceration shaped the deinstitutionalization of psychiatric hospitals and social welfare policy, and vice versa. The book offers critical insight into how the prison took the place of the asylum and shaped the rise of the prison industrial complex and creating new forms of social marginality.
Thomas L. Brodie
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195138368
- eISBN:
- 9780199834037
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195138368.003.0036
- Subject:
- Religion, Biblical Studies
The account of Joseph's early experience in Egypt falls easily into two complementary chapters: his resistance to seduction, leading to his imprisonment (Genesis 39); and his interpretation of ...
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The account of Joseph's early experience in Egypt falls easily into two complementary chapters: his resistance to seduction, leading to his imprisonment (Genesis 39); and his interpretation of dreams, leaving him still in prison, forgotten (Genesis 40). Joseph emerges as close to God, with integrity and prophetic wisdom.Less
The account of Joseph's early experience in Egypt falls easily into two complementary chapters: his resistance to seduction, leading to his imprisonment (Genesis 39); and his interpretation of dreams, leaving him still in prison, forgotten (Genesis 40). Joseph emerges as close to God, with integrity and prophetic wisdom.
Jerome Murphy-O'Connor
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199266531
- eISBN:
- 9780191601583
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199266530.003.0012
- Subject:
- Religion, Biblical Studies
When Paul’s mission in Spain failed, he went back to Illyricum. After a year or so there he travelled via Troas to Ephesus, where he took over from Timothy, who had proved a failure as a leader. Paul ...
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When Paul’s mission in Spain failed, he went back to Illyricum. After a year or so there he travelled via Troas to Ephesus, where he took over from Timothy, who had proved a failure as a leader. Paul himself did no better and moved to Miletus. There he got word of Nero’s persecution of Christians in Rome. He went there to reinforce the decimated community. The gesture was not appreciated by the Roman church, which boycotted him when he was imprisoned. Those who had come with him from Asia drifted away.2 Tim reflects both optimism and fear. He was beheaded in the last quarter of a.d. 67.Less
When Paul’s mission in Spain failed, he went back to Illyricum. After a year or so there he travelled via Troas to Ephesus, where he took over from Timothy, who had proved a failure as a leader. Paul himself did no better and moved to Miletus. There he got word of Nero’s persecution of Christians in Rome. He went there to reinforce the decimated community. The gesture was not appreciated by the Roman church, which boycotted him when he was imprisoned. Those who had come with him from Asia drifted away.2 Tim reflects both optimism and fear. He was beheaded in the last quarter of a.d. 67.
Jerome Murphy-O'Connor
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199266531
- eISBN:
- 9780191601583
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199266530.003.0008
- Subject:
- Religion, Biblical Studies
Imprisoned in the praetorium of Ephesus for interrogation, Paul exhibited the worst side of his character in dealing with the Philippians, and the best side in dealing with the Colossians.
Imprisoned in the praetorium of Ephesus for interrogation, Paul exhibited the worst side of his character in dealing with the Philippians, and the best side in dealing with the Colossians.
Richard L. Lippke
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780199209125
- eISBN:
- 9780191695766
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199209125.001.0001
- Subject:
- Law, Criminal Law and Criminology
Drawing on philosophical arguments, criminological evidence, and the legal literature on prisoners' rights, this book defends a normative theory of imprisonment. Such a theory provides an account of ...
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Drawing on philosophical arguments, criminological evidence, and the legal literature on prisoners' rights, this book defends a normative theory of imprisonment. Such a theory provides an account of the justified conditions of prison confinement — the restrictions and deprivations that may be legitimately imposed on serious offenders in the name of punishment. The theory of legal punishment upon which this account builds combines retributive and crime reduction elements, with the former accorded priority on both moral and epistemic grounds. Contrary to its formidable reputation, retributivism is shown to place important and substantial limits on the character of imprisonment, its appropriate use, and duration. Much of the contemporary use of imprisonment as a legal sanction is arguably unjustified on all three counts. The book urges the adoption of prison conditions at or near the ‘minimum conditions of confinement’ which severely curtail the freedom of movement, freedom of association, and privacy of prisoners, yet are still consistent with ensuring the basic physical and psychological welfare of prisoners, and provide them with access to paid labour, visitation, entertainment, recreation, and retained civic and political rights. This book argues firstly that the punishment of serious offenders generally requires no more than the imposition of ‘minimum conditions of confinement’ and secondly that moral constraints on punishment derived from retributivism in conjunction with the available evidence about the prison regimes most likely to reduce crime point towards more humane and less restrictive prisons.Less
Drawing on philosophical arguments, criminological evidence, and the legal literature on prisoners' rights, this book defends a normative theory of imprisonment. Such a theory provides an account of the justified conditions of prison confinement — the restrictions and deprivations that may be legitimately imposed on serious offenders in the name of punishment. The theory of legal punishment upon which this account builds combines retributive and crime reduction elements, with the former accorded priority on both moral and epistemic grounds. Contrary to its formidable reputation, retributivism is shown to place important and substantial limits on the character of imprisonment, its appropriate use, and duration. Much of the contemporary use of imprisonment as a legal sanction is arguably unjustified on all three counts. The book urges the adoption of prison conditions at or near the ‘minimum conditions of confinement’ which severely curtail the freedom of movement, freedom of association, and privacy of prisoners, yet are still consistent with ensuring the basic physical and psychological welfare of prisoners, and provide them with access to paid labour, visitation, entertainment, recreation, and retained civic and political rights. This book argues firstly that the punishment of serious offenders generally requires no more than the imposition of ‘minimum conditions of confinement’ and secondly that moral constraints on punishment derived from retributivism in conjunction with the available evidence about the prison regimes most likely to reduce crime point towards more humane and less restrictive prisons.
Peter Brock (ed.)
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151220
- eISBN:
- 9780199870424
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195151224.003.0001
- Subject:
- Religion, History of Christianity
Ten documents are presented, with an introductory text, illustrating the treatment of conscientious objectors in colonial America from 1658 (when the first cases of penalization of Quakers were ...
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Ten documents are presented, with an introductory text, illustrating the treatment of conscientious objectors in colonial America from 1658 (when the first cases of penalization of Quakers were recorded for their refusal to carry out militia service), through the brief war of Jenkins’ Ear in 1739, to the Seven Years’ War (the French and Indian War) of 1755‐63. The documents appear in five sections: (1) The first Quaker conscientious objectors in America, 1658 – an account from Maryland; (2) Rhode Island, 1673 – a note from the Proceedings of the General Assembly of August 1673 saying ‘None to be compelled to train or fight against their consciences’; (3) Witnessing to the Quaker peace testimony – three documents, the first, a letter to the Governor of New York in 1672 from some Quakers, and the other two judgments relating to the imprisonment of Quakers in 1712 and 1748; (4) Quakers and naval impressment, 1705 – a narrative; and (5) Conscientious objectors in the French and Indian War – three documents.Less
Ten documents are presented, with an introductory text, illustrating the treatment of conscientious objectors in colonial America from 1658 (when the first cases of penalization of Quakers were recorded for their refusal to carry out militia service), through the brief war of Jenkins’ Ear in 1739, to the Seven Years’ War (the French and Indian War) of 1755‐63. The documents appear in five sections: (1) The first Quaker conscientious objectors in America, 1658 – an account from Maryland; (2) Rhode Island, 1673 – a note from the Proceedings of the General Assembly of August 1673 saying ‘None to be compelled to train or fight against their consciences’; (3) Witnessing to the Quaker peace testimony – three documents, the first, a letter to the Governor of New York in 1672 from some Quakers, and the other two judgments relating to the imprisonment of Quakers in 1712 and 1748; (4) Quakers and naval impressment, 1705 – a narrative; and (5) Conscientious objectors in the French and Indian War – three documents.
Adam J. Kosto
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199651702
- eISBN:
- 9780191741999
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199651702.003.0001
- Subject:
- History, European Medieval History
This chapter begins with a brief history of hostageship, from biblical times to the present day. It then discusses the ways in which hostageship has been treated by earlier historiography: as a form ...
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This chapter begins with a brief history of hostageship, from biblical times to the present day. It then discusses the ways in which hostageship has been treated by earlier historiography: as a form of surety or an aspect of international law by legal historians, and as a variety of captivity or imprisonment by social historians. It defines the medieval hostage as a third-party guarantor of an agreement, notionally given rather than taken, and actually or potentially subject to loss of liberty, distinguishing it from captives and other forms of non-custodial guarantors. It then addresses the challenges of locating hostages in the sources, outlining a conservative approach, but maintaining that the hostage was for the authors of medieval texts a distinct category. The chapter closes with an outline of the rest of the book.Less
This chapter begins with a brief history of hostageship, from biblical times to the present day. It then discusses the ways in which hostageship has been treated by earlier historiography: as a form of surety or an aspect of international law by legal historians, and as a variety of captivity or imprisonment by social historians. It defines the medieval hostage as a third-party guarantor of an agreement, notionally given rather than taken, and actually or potentially subject to loss of liberty, distinguishing it from captives and other forms of non-custodial guarantors. It then addresses the challenges of locating hostages in the sources, outlining a conservative approach, but maintaining that the hostage was for the authors of medieval texts a distinct category. The chapter closes with an outline of the rest of the book.
Todd R. Clear
- Published in print:
- 2007
- Published Online:
- May 2012
- ISBN:
- 9780195305791
- eISBN:
- 9780199943944
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305791.003.0003
- Subject:
- Sociology, Law, Crime and Deviance
This chapter looks at how prison populations have come to reflect a concentrated experience among certain subgroups in the U.S. population. It describes imprisonment both nationally and in ...
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This chapter looks at how prison populations have come to reflect a concentrated experience among certain subgroups in the U.S. population. It describes imprisonment both nationally and in Tallahassee, Florida. It suggests that there is nothing “equal opportunity” about prison and that accidents of birth play an enormous role in determining the possibility of imprisonment during a person's life. It also argues that the single most disturbing aspect of incarceration policy in the U.S. is its inequitable social consequences.Less
This chapter looks at how prison populations have come to reflect a concentrated experience among certain subgroups in the U.S. population. It describes imprisonment both nationally and in Tallahassee, Florida. It suggests that there is nothing “equal opportunity” about prison and that accidents of birth play an enormous role in determining the possibility of imprisonment during a person's life. It also argues that the single most disturbing aspect of incarceration policy in the U.S. is its inequitable social consequences.
Todd R. Clear
- Published in print:
- 2007
- Published Online:
- May 2012
- ISBN:
- 9780195305791
- eISBN:
- 9780199943944
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305791.003.0006
- Subject:
- Sociology, Law, Crime and Deviance
This chapter presents Tallahassee, Florida community members' description of how incarceration has affected their lives, their families and their communities. These community members are from ...
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This chapter presents Tallahassee, Florida community members' description of how incarceration has affected their lives, their families and their communities. These community members are from Frenchtown and South City, which are predominantly African-American communities and have the highest incarceration rates among communities in Tallahassee. The analysis of the experiences of these two communities shows both positive and negative consequences for neighborhoods' life and that the net result of imprisonment policy has not been solely positive.Less
This chapter presents Tallahassee, Florida community members' description of how incarceration has affected their lives, their families and their communities. These community members are from Frenchtown and South City, which are predominantly African-American communities and have the highest incarceration rates among communities in Tallahassee. The analysis of the experiences of these two communities shows both positive and negative consequences for neighborhoods' life and that the net result of imprisonment policy has not been solely positive.
Todd R. Clear
- Published in print:
- 2007
- Published Online:
- May 2012
- ISBN:
- 9780195305791
- eISBN:
- 9780199943944
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305791.003.0008
- Subject:
- Sociology, Law, Crime and Deviance
This chapter proposes a way of dealing with concentrated incarceration, focusing on community justice. Given the difficulty of achieving meaningful sentencing reform in the current policy ...
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This chapter proposes a way of dealing with concentrated incarceration, focusing on community justice. Given the difficulty of achieving meaningful sentencing reform in the current policy environment, this chapter offers a conceptualization of community justice as an alternative that promises a set of new values that might lead us to new ways of justice. This chapter explains that community justice initiatives could thrive under a regime of reduced imprisonment and they could also contribute to reductions in imprisonment. The elements of community justice include a focus on high-incarceration places, attention to norms and values in those places and attempts to improve schools, jobs, and housing as target.Less
This chapter proposes a way of dealing with concentrated incarceration, focusing on community justice. Given the difficulty of achieving meaningful sentencing reform in the current policy environment, this chapter offers a conceptualization of community justice as an alternative that promises a set of new values that might lead us to new ways of justice. This chapter explains that community justice initiatives could thrive under a regime of reduced imprisonment and they could also contribute to reductions in imprisonment. The elements of community justice include a focus on high-incarceration places, attention to norms and values in those places and attempts to improve schools, jobs, and housing as target.
