1.20.10 - Punishment-as-moral-process 1. The importance of...

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1. The importance of history a. Historical inaccuracies i. Errors in the way in which D narrates and provides examples of penality from history b. Lack of historical consciousness i. Missing because D’s narrative of penality’s evolution presumes a unified authority and social solidarity, instead of social struggle between different groups, visions and beliefs c. David Garlands MAIN POINT D i. D is not concerned with historical changes in penality, but rather theorizing specific forms of social solidarity with specific forms of penality. 2. Rethinking the conscience collective a. Taken as social fact i. It is foundational concept, with no context; it simply is without any substantiation b. Lack of historical consciousness i. Focus on individual socialization, to the neglect of competing groups c. David Garlands main point i. CC is more accurately described as “a dominant moral order which is historically established by particular social forces” d. Conscience collective is a group formation , and if the conscience collective is in effect of the historical of society then it is also then it is producing by group. 3.
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This note was uploaded on 03/10/2010 for the course CRM/LAW 551234 taught by Professor Jesoem during the Spring '10 term at UC Irvine.

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1.20.10 - Punishment-as-moral-process 1. The importance of...

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