Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Levels of violent crime have been in a steady decline for centuries—for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state's power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.
Author(s): Peter Baldwin
Edition: 1
Publisher: The MIT Press
Year: 2021
Language: English
Commentary: TruePDF
Pages: 475
Tags: Crime: History; Punishment: History; Criminal Law: History; Criminal Justice, Administration Of: History
Contents
Introduction: Crime and the State through the Ages
1. Crime’s Ever-Expanding Universe
Yet It Continues
Crime Expands
2. Crime before the State
The State Emerges
3. Crime as a Social Problem
The Judiciary as Voice of the Public Interest
4. The State as Victim: Treason
From Ruler to Nation
Protecting the Person of the Ruler
Protecting the System
Treason Narrows
5. Parallel Justice
6. Why Punish?
7. How to Punish?
Banishment
Fines
Death
Prison
8. Moderating Punishment
9. Crimes of Thought
Religious Unorthodoxy
From Theology to Politics
Ever Inward
10. Obliged to Be Good
From Theology to Morality
11. From Retribution to Prevention
Intent and Mens Rea
Intent as Offense: Inchoate Crimes
Preventing Crime
Rehabilitation and Discretion
Strict Liability, Negligence, Risk
12. The State as Enforcer: From Polizei to Police
Making the Police
Professionalizing the Police
Secret Police
What Police Knew
Quotidien Policing
Preventive Policing
Sex Crimes
Conclusion: Still Present after All These Years
The Civilizing Process
Taming War
Social Control
L’état continue
Acknowledgments
Notes
Introduction
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Conclusion
Index