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Criminal Law

: Sentencing Law and Policy

Deep thoughts on freedom and liberty for the holiday weekend

By Douglas A. Berman

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These two new pieces appearing on SSRN seem like fitting reading for some deep reflections on freedom and liberty this holiday weekend: Neoliberal Penality: A Brief Genealogy by Bernard E. Harcourt Abstract: The turn of the twenty first century witnessed important shifts in punishment practices. The most shocking is mass incarceration ? the exponential rise in prisoners in state and federal penitentiaries and in county jails beginning in 1973. It is tempting to view these developments as evidence of something new that emerged in the 1970s ? of a new culture of control, a new penology, or a new turn to biopower. But it would be a mistake to place too much emphasis on the 1970s since most of the recent trends have antecedents and parallels in the early twentieth century...continue to full post

Full post as published by Sentencing Law and Policy on July 03, 2009 (boomark / email).

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