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    Peculiar Institution: America's Death Penalty in an Age of Abolition (Paperback) By (author) David Garland

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    DescriptionThe U.S. death penalty is a "Peculiar Institution", and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states - a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America's political institutions and cultural conflicts. America's radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable - and unwilling - to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution - and a new challenge to supporters and opponents alike.


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  • Full bibliographic data for Peculiar Institution

    Title
    Peculiar Institution
    Subtitle
    America's Death Penalty in an Age of Abolition
    Authors and contributors
    By (author) David Garland
    Physical properties
    Format: Paperback
    Number of pages: 432
    Width: 150 mm
    Height: 221 mm
    Thickness: 28 mm
    Weight: 567 g
    Language
    English
    ISBN
    ISBN 13: 9780674066106
    ISBN 10: 0674066103
    Classifications

    Warengruppen-Systematik des deutschen Buchhandels: 25590
    BIC geographical qualifier V2: 1KBB
    B&T Book Type: NF
    BIC time period qualifier V2: 3JJ
    BIC E4L: CRI
    BIC subject category V2: JKVP
    Nielsen BookScan Product Class 3: S3.3
    B&T Modifier: Academic Level: 05
    BIC subject category V2: HB
    LC classification: K
    B&T Modifier: Geographic Designator: 01
    Ingram Subject Code: SO
    Libri: I-SO
    Ingram Theme: TOPC/DEATH
    BISAC V2.8: HIS036000
    B&T General Subject: 490
    B&T Merchandise Category: UP
    BISAC V2.8: SOC030000
    DC22: 364.660973
    B&T Approval Code: C39466000
    Abridged Dewey: 345
    BISAC V2.8: LAW026020, LAW060000
    DC23: 364.660973
    Thema V1.0: JKVP, LAZ, NHK, LNFX1
    Edition statement
    Reprint
    Illustrations note
    3 figs, 3 tables
    Publisher
    HARVARD UNIVERSITY PRESS
    Imprint name
    The Belknap Press
    Publication date
    22 October 2012
    Publication City/Country
    Cambridge, Mass.
    Author Information
    David Garland is Arthur T. Vanderbilt Professor of Law and Professor of Sociology at New York University.
    Review quote
    Why does the United States, alone among Western democracies, still have the death penalty? It's not a new question, but David Garland provides fresh answers from a multilayered analysis...The title hints at the most provocative part of Garland's answer. In American history, the "peculiar institution" is slavery. Anyone who thinks its vestiges were wiped out by the Emancipation Proclamation or civil rights laws should read this book and think again. -- Kenneth J. Cooper Boston Globe 20101022 Some of [Garland's] eminently readable prose reminds me of Alexis de Tocqueville's nineteenth-century narrative about his visit to America; it has the objective, thought-provoking quality of an astute observer rather than that of an interested participant in American politics...In his view, an important reason Americans retain capital punishment is their fascination with death. While neither the glamour nor the gore that used to attend public executions remains today, he observes, capital cases still generate extensive commentary about victims' deaths and potential deaths of defendants. Great works of literature, like best-selling paperbacks, attract readers by discussing killings and revenge. Garland suggests that the popularity of the mystery story is part of the culture that keeps capital punishment alive...While he has studiously avoided stating conclusions about the morality, wisdom, or constitutionality of capital punishment, Garland's empirical analysis speaks to all three...I commend Peculiar Institution to participants in the political process. -- John Paul Stevens New York Review of Books 20101223 [A] magisterial account of the origins, the development, and the transformation of capital punishment. -- Marie Gottschalk New Republic online 20110316 [Garland] makes a convincing case that lynching is a key thread that shapes the American death penalty. Execution-night rallies, news stories that emphasize victims' families and a legal system that lets county officials and local juries set the wheels of death in motion all contain echoes of the mob. -- Rachel Proctor May Texas Observer 20110512 [Garland] aims to deepen our understanding of why we still have a death penalty when nations toward whom we feel most kindred do not. In the tradition of de Toqueville, Dickens, Chesterton and Gunnar Myrdal, Garland, who hails from the Scottish Lowlands, casts the discerning eye of the outsider on us. And to compelling result. -- Kevin Doyle America 20110815 In Peculiar Institution, David Garland brings a distinctive approach to explaining why the United States stands alone in retaining capital punishment...Instead of asking why America bucked the Western trend towards abolition, Garland sets out to discover what made abolition possible for other countries. By putting the rise and (gradual) fall of capital punishment in a broad historical and comparative perspective, he is able to develop a subtle account of the changing forms and functions of capital punishment over time and of its relationship to the formation of states...Garland's readable book is a major contribution to our understanding not only of capital punishment in America, but also of the relationship between punishment, state and society. His insistence on the applicability of a general thesis to this peculiar case, and his careful illustration of the interaction between cultural and structural variables are particularly impressive; as is his deft handling of the analogies and disanalogies between capital punishment and lynching (an image which has featured prominently in protests at [Troy] Davis's execution). Peculiar Institution opens up a large agenda for comparative research both within and beyond the United States, helping us to understand why--however widespread the criticism of Davis's execution, and however substantial the doubts about his guilt--capital punishment in America is likely to survive. -- Nicola Lacey Times Literary Supplement 20111005 How is it that the USA alone among Western societies clings to such barbarity? David Garland's Peculiar Institution--the evocation of the stain of slavery is quite deliberate--provides a deeply thoughtful and original explanation of this phenomenon. Subtle and provocative, it deserves a wide audience. -- Andrew Scull Times Literary Supplement 20111202 A magnificently thorough and even-handed book on the death penalty in modern America. -- Bradley Winterton Taipei Times 20120717