An original transatlantic history of the invention of the corrections profession and of ensuing debates about punishment's purposes and prisoners' rights.

Impermissible Punishments explores the history of punishment inside prisons and how governments grappled with obligations to justify the punishments they impose. Legal scholar Judith Resnik charts the creation of the corrections profession and weaves together the stories of people who made rules for prisons and the stories of those living under the resulting regimes.

Resnik maps three centuries of shifting ideas, norms, and legal standards aiming to draw lines between permissible and impermissible punishments. Her account documents the impact of World War II, the United Nations, the US Civil Rights movement, and the pioneering prisoners who insisted that law should protect their individual dignity. Taking us to the present, Resnik analyzes the expansion of imprisonment, the inability of public and private prisons to provide safe housing, and the impact of abolition politics.

Exploring the interdependency of people in and out of prisons, Impermissible Punishments examines what governments committed to equality owe to the people they detain and argues that many contemporary forms of punishment need to end.

About the Author
Judith Resnik is the Arthur Liman Professor of Law at Yale Law School. She has authored many works, including Representing Justice: Invention, Controversy and Rights in City-States and Democratic Courtrooms.

Reviews
"Punishing a criminal act by separating the perpetrator from society is a universal concept throughout time and around the globe, but the purpose and end goal of imprisonment have always been a matter of great debate. Is prison meant to be retribution, deterrence, a means of rehabilitation? Resnik explores how imprisonment is addressed in the US Constitution (which bans a nonspecific 'cruel and unusual punishment') and analyzes the relevant case history. After an introduction that surveys several centuries of the history of carceral punishment, the book also delves into the lives of individual people who have been imprisoned, both today and in the past...Highly recommended for readers of intellectual or legal histories." * Library Journal *
"What forms of degradation does our democracy still allow in punishing people? In this masterful and sweeping book that ranges over centuries, Judith Resnik charts the enduring efforts of prisoners to stop ruinous punishments-including the remarkable single trial in the US on the constitutionality of whipping-and the forces they've run up against. Her deeply human perspective and rigorous historic analysis make this an indispensable work." -- Emily Bazelon | author of "Charged: The New Movement to Transform American Prosecution and End Mass Incarceration"
"In this truly original and deeply researched long history of punishment, Judith Resnik offers an overdue look at the dizzying kaleidoscope of ethical, legal, political, and human forces at work-both in the United States and internationally-that have created our massive and most brutal system of justice. As important, she gives us the tools to reimagine it. Given the critical significance of context, both past and present, Impermissible Punishments is a stunning must-read." -- Heather Ann Thompson | Pulitzer Prize-winning author of "Blood in the Water: The Attica Prison Uprising of 1971 and its Legacy"
"In Impermissible Punishments, Judith Resnik shapes and explicates a compelling framework to understand incarceration: the anti-ruination principle. More than a critique of incarceration, her argument is aslant, reckoning with the legal, historical, and moral-on the way towards a definition of justice that places the burden of it on those who might punish-recognizing that punishment, at its core, must not ruin." -- Reginald Dwayne Betts | founder & CEO of Freedom Reads and author of "Doggerel: Poems"
"Judith Resnik delivers an incisive examination of incarceration as a defining, yet deeply flawed, institution of modern democracy. Tracing the evolution of punishment from Enlightenment-era reforms to modern incarceration on its massive scale, Resnik reveals how colonial legacies and racial hierarchies are deeply embedded in punitive practices. Through meticulous research and gripping case studies, she highlights the resilience of incarcerated people who challenged systemic oppression and redefined their rights from within prison walls. Provocative and illuminating, Impermissible Punishments is an essential text for understanding the stakes of contemporary carceral reform and the pursuit of justice." -- Elizabeth Hinton | author of "From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America"



Book Information
ISBN 9780226754741
Author Judith Resnik
Format Hardback
Page Count 792
Imprint University of Chicago Press
Publisher The University of Chicago Press
Weight(grams) 454g