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 thinking suggests that governmental law is not the wellspring of social order--after all, 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 the planet. 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: Lessons from Pirates, Prisoners, Lepers, and Survivors 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 act when we don’t necessarily have to behave.History is rife with examples of how people perform when rules of civility collapse and here, Sarah and Paul Robinson explain that humans in such situations are neither devils nor angels. The real stories included in this book show that modern individuals naturally incline toward reasonable action, even in desperate conditions where survival is at issue. Applying insights from psychology, biology, political science, and social science to these historical and contemproary examples demonstrates that an 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. Living Beyond the Law provides an optimistic picture of human nature--wherein humans are predisposed to be cooperative within limits--that is essential to understanding our contemporary society and to formulate modern criminal law and policy.
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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.
List of Illustrations Acknowledgments Part 1. Human Rules1. What Is Our Nature? What Does Government Do for Us and to Us? 2. Cooperation: Lepers and Pirates 3. Punishment: Drop City and the Utopian Communes 4. Justice: 1850s San Francisco and the California Gold Rush 5. Injustice: The Batavia Shipwreck and the Attica Uprising 6. Survival: The Inuits of King William Land and the Mutineers of Pitcairn Island 7. Subversion: Prison Camps and Hellships Part 2. Modern Lessons8. Credibility: America’s Prohibition 9. Excess: Committing Felony Murder While Asleep in Bed and 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 Postscript: What Are They Doing Now? Notes Glossary Selected Bibliography Index
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"Pirates, Prisoners, and Lepers effectively makes the complexities of criminal justice ideals accessible through captivating stories and excellent research. . . . I would highly recommend this entertaining and enlightening book for law, general academic, and public libraries."—Stephanie Ziegler, Law Library Journal
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Produktdetaljer

ISBN
9781612347325
Publisert
2016-02-12
Utgiver
Vendor
Potomac Books Inc
Høyde
230 mm
Bredde
150 mm
Aldersnivå
01, G, 01
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
376

Biographical note

Paul H. Robinson is the Colin S. Diver Professor of Law at the University of Pennsylvania and one of the world's leading criminal law scholars. A prolific writer and lecturer, Robinson has published articles in numerous top law reviews and spoken in 93 cities across 25 countries. His books include Intuitions of Justice and the Utility of Desert (Oxford, 2013), Distributive Principles of Criminal Law: Who Should be Punished How Much (Oxford, 2008), Law Without Justice: Why Criminal Law Doesn't Give People What They Deserve (Oxford, 2005), and Would you Convict? (NYU, 2001), among others. Sarah M. Robinson is a former sergeant in the United States Army and a practiced social worker. Currently, she works as an author and researcher.