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The Jurisprudence of Prisoners' Rights

Liora Lazarus

in Contrasting Prisoners' Rights: A Comparative Examination of England and Germany

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199259830
eISBN:
9780191698644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259830.003.0007
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the judicial development of prisoners' administrative rights in England. Viewed from a German perspective, judicial development of prisoners' administrative rights in England ... More


Contrasting Prisoners' Rights: A Comparative Examination of England and Germany

Liora Lazarus

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199259830
eISBN:
9780191698644
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259830.001.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of prisoners' rights in Germany. First, the German and ... More


The German Prison Act: Principles and Special Provisions

Liora Lazarus

in Contrasting Prisoners' Rights: A Comparative Examination of England and Germany

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199259830
eISBN:
9780191698644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259830.003.0004
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter unravels the network of extra-legal, legal, and institutional factors that affect the way the German Prison Act is interpreted and applied. The chapter is organized as follows. Section ... More


Prisoners in a Constitutional State

Liora Lazarus

in Contrasting Prisoners' Rights: A Comparative Examination of England and Germany

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199259830
eISBN:
9780191698644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259830.003.0002
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter begins with a discussion of Germany's Basic Law. It then turns to the constitutional foundations of the Prison Act and the prisoner's legal status. The German Prison Act of 1976 was to ... More


Prisoners and the Parliamentary Constitution

Liora Lazarus

in Contrasting Prisoners' Rights: A Comparative Examination of England and Germany

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199259830
eISBN:
9780191698644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259830.003.0006
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter highlights two important features distinguishing Germany and England: the differing weights of fundamental rights within contemporary constitutional culture and the divergent conception ... More


“Slaves of the State” Revolt: Southern Prison Labor and a Prison-Made Civil Rights Movement, 1945–1980

Robert T. Chase

in Life and Labor in the New New South

Published in print:
2012
Published Online:
September 2012
ISBN:
9780813037950
eISBN:
9780813043111
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813037950.003.0007
Subject:
History, American History: 20th Century

This chapter offers a two-part story of Texas prison labor, revealing the success of the prison labor regime on the one hand and mounting prisoner resistance on the other. It considers how the Texas ... More


Initial Challenges to Prisoners' Rights

Richard L. Lippke

in Rethinking Imprisonment

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199209125
eISBN:
9780191695766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199209125.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter takes up two initial challenges to the notion that prison inmates retain substantial moral rights. The first challenge comes from those who argue that serious offenders forfeit all or at ... More


Penal Politics and Prison Law

Liora Lazarus

in Contrasting Prisoners' Rights: A Comparative Examination of England and Germany

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199259830
eISBN:
9780191698644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259830.003.0005
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the shape, nature, and criminal justice context of prison law in England in light of German prison law. The legislative regimes of England and Germany reflect the different ... More


Rethinking Imprisonment

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 ... More


Citizen convicts: Prisoners, politics and the vote

Cormac Behan

Published in print:
2014
Published Online:
January 2015
ISBN:
9780719088384
eISBN:
9781781707425
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719088384.001.0001
Subject:
Sociology, Law, Crime and Deviance

Prisoner enfranchisement remains one of the few contested electoral issues in twenty first century democracies. It is at the intersection of punishment and representative government. This book is the ... More


Rights Talk and the Enabling of Wrongs

Robert A. Ferguson

in Metamorphosis: How to Transform Punishment in America

Published in print:
2018
Published Online:
September 2018
ISBN:
9780300230833
eISBN:
9780300235296
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300230833.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter illustrates how the typical court opinion on prisoners' rights proclaims constitutional guarantees in principle while taking them away in practice. Judges say a right is available but ... More


The Purloined Prisoner

Sora Y. Han

in Letters of the Law: Race and the Fantasy of Colorblindness in American Law

Published in print:
2015
Published Online:
September 2015
ISBN:
9780804789110
eISBN:
9780804795012
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804789110.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines letter writing as a formal, internally produced limit to the erosion of prisoners’ First Amendment right to expression. It details how mass incarceration and its administration ... More


Conclusion

Liora Lazarus

in Contrasting Prisoners' Rights: A Comparative Examination of England and Germany

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199259830
eISBN:
9780191698644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259830.003.0008
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter sums up the arguments presented in this book. Germany's prisoners' rights were formed in a political and legal culture shaped by constitutional rights, characterized by faith in ... More


Introduction

Liora Lazarus

in Contrasting Prisoners' Rights: A Comparative Examination of England and Germany

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199259830
eISBN:
9780191698644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259830.003.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This introductory chapter begins with a brief comparison of prisoners' rights in England and Germany. It then discusses some of the methodological problems facing comparative law, and the methodology ... More


Risk and Human Rights: Ending Slopping Out in a Scottish Prison

Thérèse Murphy and Noel Whitty

in Judges, Transition, and Human Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199204939
eISBN:
9780191695599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204939.003.0025
Subject:
Law, Human Rights and Immigration

This chapter looks towards the conflict between the issues of risk and human rights in penal policy and prison law in Great Britain. It provides a summary of literatures on risk and discusses the ... More


Reform Ideals and Political Compromise

Liora Lazarus

in Contrasting Prisoners' Rights: A Comparative Examination of England and Germany

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199259830
eISBN:
9780191698644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199259830.003.0003
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

The groundbreaking decisions of the Federal Constitutional Court (FCC) in the 1970s were deeply embedded in the process of prison reform. There was a direct relationship between the FCC's ... More


Back with a Bang!: In which the Brigade returns to Seattle with a high-profile string of bombings

Daniel Burton-Rose

in Guerrilla USA: The George Jackson Brigade and the Anticapitalist Underground of the 1970s

Published in print:
2010
Published Online:
March 2012
ISBN:
9780520264281
eISBN:
9780520936485
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520264281.003.0024
Subject:
History, American History: 20th Century

In returning to Seattle, the George Jackson Brigade chose a residence in South Seattle, near the Seattle-Tacoma airport. The perennial issue of prison struggle cropped up again in the late spring. As ... More


Disenfranchisement on the Basis of Felony Convictions

Claudio López-Guerra

in Democracy and Disenfranchisement: The Morality of Electoral Exclusions

Published in print:
2014
Published Online:
August 2014
ISBN:
9780198705789
eISBN:
9780191775222
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198705789.003.0005
Subject:
Political Science, Democratization

This chapter defends the last precept of the Critical Suffrage Doctrine, namely, the idea that excluding criminal offenders cannot be justified. The most prominent arguments advanced by proponents of ... More


Institutional Burden to Care

Carolyn Sufrin

in Jailcare: Finding the Safety Net for Women behind Bars

Published in print:
2017
Published Online:
January 2018
ISBN:
9780520288669
eISBN:
9780520963559
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520288669.003.0002
Subject:
Anthropology, Medical Anthropology

This chapter describes the institutional and historical contours of the tension between the obligation to care and prisoners' deservingness of care. These contours determine the existence of the San ... More


General Introduction

Nigel Rodley and Matt Pollard

in The Treatment of Prisoners under International Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199693566
eISBN:
9780191807503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199693566.003.0001
Subject:
Law, Human Rights and Immigration

This introductory chapter briefly discusses the importance of the development of the field of international human rights law, law applicable in non-international armed conflict, and to the rights of ... More


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