Penal modernism: an American tragedy

Farmer, L. (2014) Penal modernism: an American tragedy. Critical Analysis of Law, 1(2), pp. 189-195.

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This paper discusses Whitman’s analysis of penal modernism. While I am in agreement with the central claim that penal modernism has been ignored and caricatured, I argue here that Whitman’s account of the penal modernist theory of judging must be understood in the context of a wider reframing of the social functions of the criminal law in penal modernism. This is explored by considering the unusual connection that the novel An American Tragedy (1925) has to the history of American criminal law, and the light that this can shed on the question of the meaning of penal modernism.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Farmer, Professor Lindsay
Authors: Farmer, L.
College/School:College of Social Sciences > School of Law
Journal Name:Critical Analysis of Law
ISSN (Online):2291-9732
Copyright Holders:Copyright © 2014 The Author
First Published:First published in Critical Analysis of Law 1(2):189-195
Publisher Policy:Reproduced under a Creative Commons License

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