Malcolm Feeley’s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.
Contents: Introduction; Part I Theoretical Reflections: Coercion and compliance: a new look at an old problem; The concept of laws in social science: a critique and notes on an expanded view; A solution to the 'voting dilemma' in modern democratic theory; Legality, social research and the challenge of institutional review boards; The Black basis of constitutional development. Part II Organizational Theory, Change, and the Criminal Process: The adversary system; Two models of the criminal justice system: an organizational perspective; The process is the punishment; Bail reform; Responsive law and the judicial process: implications for the judicial function (with Edward L. Rubin); The prison conditions cases and the bureaucratization of American corrections: impacts and implications (with Van Sweareingen); Implementing court orders in the United States: judges as executives. Part III Social Theory and the Criminal Process: The new penology: notes on the emerging strategy of corrections and its implications (with Jonathan Simon); Actuarial justice: the emerging new criminal law, (with Jonathan Simon); Crime, social order, and the rise of neo-conservative politics. Part IV Continuities and Change: History, Social Theory, and the Criminal Process: The Development of Plea Bargaining: Perspectives on plea bargaining; Legal complexity and the transformation of the criminal process: the origins of plea bargaining. Women and Crime: The vanishing female: the decline of women in the criminal process (with Deborah L. Little). Privatization of Punishment: Entrepreneurs of punishment: the legacy of privatization; Name index.