You have no items in your shopping cart.

Privilege or Punish: Criminal Justice and the Challenge of Family Ties

Privilege or Punish Criminal Justice and the Challenge of Family Ties

  • Author:
  • Publisher: Oxford University Press USA
  • ISBN: 9780195380064
  • Published In: May 2009
  • Format: Hardback , 252 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 600.00

HKD 582.00 Save HKD 18.00 (3%)

Delivery Time: around 3-4 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
OR
  • Description 
  • Contents 
  • Author 
  • Reviews
  • Details

    • Provides a new and sweeping analysis of the broad range of rules, doctrines and practices in criminal law that are driven by concerns about familial relationships
    • Argues for the abolition or reduction of widespread and long-established family tie practices and is sure to be regarded as a provocative approach to the topic
    • Co written from the perspective of three scholars with three different areas of scholarly expertise: criminal law; political theory; and family law and criminal law

    This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, the authors explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities. 

    Privilege or Punish breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases. This book begins that vitally important conversation with an array of innovative policy recommendations that should be of interest to anyone interested in the improvement of our criminal justice system.

    Readership: Lawyers, scholars, political, legal, and socio-legal scholars interested in criminal justice that is interconnected with family studies.

  • Introduction
    Part I: The Challenge of Family Ties Benefits
    Intersections Between Family and the State's Criminal Justice System
    A Framework for Analyzing Family Ties Benefits
    Applying the Spartan Presumption to Family Ties Benefits
    Part II: The Challenge of Family Taxes
    Sites of Familial Taxes
    A Framework For Family Taxes
    Evaluating the Case Against Family Taxes
    Index

  • Dan Markel is Assistant Professor of Law at Florida State University College of Law and the Founder and Editor in Chief of "prawfs.com." 

    Jennifer Collins is an Associate Professor of Law at Wake Forest University School of Law. 

    Ethan Leib is an Associate Professor of Law at the University of California Hastings College of Law.

  • "Behind America's amazingly punitive penal policies lies a strong cultural fixation with the criminal law as a barrier between stranger danger and the putatively warm and safe world of the family. But as the authors of this strikingly original book reveal, this myth belies a complex web of doctrines that few will recognize from either our treatises or television serials. Viewed together for the first time, these doctrines frequently exhibit a bizarre patchwork of undue leniency, harshness, and discrimination -- a pattern the authors effectively expose as inconsistent with our legal values." 
    --Jonathan Simon,
    UC Berkeley School of Law, Author of Governing Through Crime (Oxford 2007)

    "This boldly original book takes on the astonishingly under-examined subject of the explicit and conscious connections drawn between our criminal law institutions and the family. With scrupulousness and balance, Privilege or Punish examines and critiques our laws governing an array of intersections between crime, punishment and the family. The proposals the authors make in response are rigorous, provocative and thoughtful. Privilege or Punish should occupy an enduring place on both the criminal law and family law sides of our legal education and discourse." 
    --Robert Weisberg,
    Stanford Law School

    "Markel, Collins & Leib have made an extraordinarily thoughtful and nuanced contribution to criminal and family law." 
    --Roderick M. Hills, Jr.,
    New York University School of Law

    "Markel, Collins, and Leib have achieved a singular feat of scholarly analysis. Not only have they brought into sharp focus a previously unremarked set of inter-related policies affecting the family. They have also irrefutably proven those policies to be in deep conflict with one another and with the most fundamental tenets of our criminal justice system. The book will provoke thought. And it will ultimately impel reform. Wow." 
    --Dan Kahan,
    Yale Law School

    "This path-breaking work should be regarded as a major scholarly achievement even by those who disagree with some of the authors' normative conclusions. They have fundamentally re-imagined the domain where family law intersects with criminal law, moving us well beyond the intractable debates over law enforcement responses to domestic violence and identifying many promising new directions for research. Their work here is both innovative and meticulous, and other scholars will doubtlessly mine its insights for many years to come." 
    --Michael O'Hear,
    Marquette University Law School

You may also be interested in these books:

Company Law in Hong Kong: Practice and Procedure 2020
Company Law in Hong Kong: Practice and Procedure 2020

List Price: HKD 3,200.00

HKD 3,104.00 Save HKD 96.00 (3%)

Butterworths Hong Kong Insurance Law Handbook
Butterworths Hong Kong Insurance Law Handbook

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

Hong Kong Company Law Cases
Hong Kong Company Law Cases

List Price: HKD 36,000.00

HKD 32,400.00 Save HKD 3,600.00 (10%)

Hong Kong Company Law Online
Hong Kong Company Law Online

List Price: HKD 20,000.00

HKD 19,400.00 Save HKD 600.00 (3%)

Sentencing in Hong Kong, 9th Edition
Sentencing in Hong Kong, 9th Edition

List Price: HKD 2,800.00

HKD 2,716.00 Save HKD 84.00 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: HKD 492.00

HKD 477.24 Save HKD 14.76 (3%)

Butterworths Hong Kong Company Law Handbook, 22nd Edition
Butterworths Hong Kong Company Law Handbook, 22nd Edition

List Price: HKD 3,500.00

HKD 2,450.00 Save HKD 1,050.00 (30%)

Butterworths Hong Kong Securities Law Handbook, 6th Edition
Butterworths Hong Kong Securities Law Handbook, 6th Edition

List Price: HKD 3,500.00

HKD 3,395.00 Save HKD 105.00 (3%)

Hong Kong Law of Evidence
Hong Kong Law of Evidence

List Price: HKD 1,680.00

HKD 1,629.60 Save HKD 50.40 (3%)

Hong Kong Directors' Manual, 4th Edition
Hong Kong Directors' Manual, 4th Edition

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

Employment Law and Practice in Hong Kong, 2nd Edition
Employment Law and Practice in Hong Kong, 2nd Edition

List Price: HKD 4,701.00

HKD 4,559.97 Save HKD 141.03 (3%)

Company Law in Hong Kong: Insolvency 2020
Company Law in Hong Kong: Insolvency 2020

List Price: HKD 3,200.00

HKD 3,104.00 Save HKD 96.00 (3%)

Hong Kong Criminal Procedure
Hong Kong Criminal Procedure

List Price: HKD 1,680.00

HKD 1,629.60 Save HKD 50.40 (3%)

Personal Injury Tables Hong Kong 2019
Personal Injury Tables Hong Kong 2019

List Price: HKD 1,250.00

HKD 1,212.50 Save HKD 37.50 (3%)

Cross-Border Mergers and Acquisitions and Financing, 3rd Edition
Cross-Border Mergers and Acquisitions and Financing, 3rd Edition

List Price: HKD 1,650.00

HKD 1,600.50 Save HKD 49.50 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 4th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 4th Edition

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

Hong Kong Company Secretary's Practice Manual, 4th Edition
Hong Kong Company Secretary's Practice Manual, 4th Edition

List Price: HKD 999.00

HKD 969.03 Save HKD 29.97 (3%)

Hong Kong Employment Law: A Practical Guide, 5th Edition
Hong Kong Employment Law: A Practical Guide, 5th Edition

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

Hong Kong Company Secretary Checklist
Hong Kong Company Secretary Checklist

List Price: HKD 788.00

HKD 764.36 Save HKD 23.64 (3%)

The Hong Kong Company Secretary's Handbook: Practice and Procedure (10th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (10th Edition)

List Price: HKD 467.00

HKD 452.99 Save HKD 14.01 (3%)