It has long been a commonly shared wisdom that humans need government to bring social order to what would otherwise be a chaotic and dangerous world. But recent research on human nature and human history suggest that governmental law is not the well-spring of social order. Thousands of years ago, early humans on the Serengeti Plain, surrounded by faster, stronger, and bigger predators, had no government or law yet produced the most successful species in the history of Planet Earth. Presumably they found ways to cooperate and survive what was a harsh and forbidding environment. Does modern man retain this same cooperative inclination, or has it atrophied in humans' modern conditions? Living Beyond the Law mines the amazing natural experiments and accidents of modern human history: shipwrecks, plane crashes, leper colonies, pirate crews, escaped slaves, Gold Rush prospectors, prison uprisings, utopian hippie communes, Nazi concentration camps, and a host of other situations in which modern man has been thrown into a situation beyond the reach of law, to explore the fundamental nature of human beings and how we behave when we don't necessarily have to. Here, Sarah and Paul Robinson explain that in such situations we are not Hobbesian devils, but neither are we selfless angels. Modern individuals naturally incline toward comparative action, even when in the desperate conditions in which their survival is at issue, but that innate cooperative spirit prevails only in the presence of a system to punish serious wrongdoing within the group and only when that punishment is perceived as just. From the leper colony of Molokai to the concentration camps of Nazi Germany, from the 1972 plane crash in the Andes to the Colombian drug wars of Pablo Escobar, history is rife with examples of how people behave when rules of civility collapse. The real stories included in this book, illustrated with insights from psychology, biology, political science, and social science, help to provide a more optimistic picture of human nature. The authors conclude that humans are predisposed to be cooperative - within limits that need to be taken into account when formulating modern criminal law and policy.
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Acknowledgments 1. What Is Our Nature? What Does Government Do for Us, and to Us? Part I. Human Rules 2. Cooperation Lepers & Pirates 3. Punishment Drop City & the Utopian Communes 4. Justice 1850s San Francisco & the California Gold Rush 5. Injustice The Attica Uprising & the Batavia Shipwreck 6. Survival The Inuits of King William Land & the Mutineers on Pitcairn Island 7. Subversion Hellships & Prison Camps Part II. Modern Lessons 8. Credibility America's Prohibition 9. Excess Committing Felony Murder While Asleep in Bed & Life in Prison for an Air-Conditioning Fraud 10. Failure Getting Away with Murder Beyond a Reasonable Doubt 11. Collapse Escobar's Colombia 12. Taking Justice Seriously Five Proposals Epilogue: What Are They Doing Now? Notes Glossary Summary Selected Bibliographies Other Books by Paul Robinson Index
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This book provides an entertaining and thought-provoking examination of private legal systems-privately created, norm-enforcing arrangements. Beyond selfishness and altruism, humans seem to be hard-coded to endorse justice and punish injustice. Based on a rich collection of cases in which people living outside the reach of the law created and enforced norms, the Robinsons examine human instincts toward social order and suggest how formal legal systems can embrace those instincts. -- Amitai Aviram, professor, University of Illinois College of Law Living Beyond the Law is a an extraordinary book by two extraordinary authors. Well-known for emphatic support of "just punishment" and criticism of many who oppose retributive approaches to criminal justice, Paul Robinson and Sarah Robinson make an often eloquent, consistently engaging, and convincing case--but not for retribution. They argue for a system that metes out "just deserts" as punishment. Substitute "effective and fair" for "just" and "correction" for "punishment" and the book becomes an eloquent exhortation for, dare I say, restorative approaches in criminal justice. Communitarians and libertarians, those who advocate restorative reforms and those who believe in the efficacy and fairness of retribution alike should read this book. So should anyone concerned with the costly failures of our system of criminal justice. -- John O. Haley, professor of Law, Vanderbilt University; William R. Orthwein Distinguished Professor Law Emeritus, Washington University in St. Louis
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Produktdetaljer

ISBN
9781442231030
Publisert
2014-08-29
Utgiver
Vendor
Rowman & Littlefield Publishers
Høyde
229 mm
Bredde
152 mm
Aldersnivå
01, 05, 06, G, U, P
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
228

Biographical note

Paul H. Robinson, is Colin S. Diver Professor of Law at U. Pennsylvania, and one of the leading criminal law scholars in the world. A prolific writer and lecturer, Robinson has published articles in virtually all of the top law reviews, lectured in 84 cities in 34 states and 25 countries, and had his writings appear in 13 languages. A former federal prosecutor and counsel for the US Senate Subcommittee on Criminal Laws and Procedures, he was the lone dissenter when the US Sentencing Commission promulgated the current federal sentencing guidelines. He is the lead editor of Criminal Law Conversations, a debate involving more than 100 scholars from around the world, and is the author of Intuitions of Justice and the Utility of Desert; Distributive Principles of Criminal Law; and Structure and Function in Criminal Law. Robinson recently completed two criminal code reform projects in the United States and the first modern Islamic penal code under the auspices of the U.N. Development Program. He also writes for general audiences, including popular books such as Would You Convict? and Law without Justice. Sarah M. Robinson is a former sergeant in the United States Army, with a graduate degree in education, who has worked as a social worker. She now works as a book researcher and author.