Source: (2001) The Modern Law Review 64 (January): 11-50. Oxford: Blackwell Publishers, 2001.
Braithwaite investigates the history of the regulation of crime with particular attention to Australia and its history as a penal colony. He argues for revision of a five-stage model of regulation in light of the Australian experience. The nature of the Australian experience is draw out by comparison with the history of regulation in the United States (with its experience as a slaveholding country). A significant aim in BraithwaiteÃ¢Â€Â™s argument is to qualify (Ã¢Â€?de-centreÃ¢Â€?) the centrality of the penitentiary and punishment in the history of regulation. Braithwaite counters much of mainstream criminology, with its emphasis on imprisonment. He also counters FoucaultÃ¢Â€Â™s divide between punishment of the body (capital punishment) and punishment of the soul (penitentiary) by emphasizing the significance of exclusion (retributive justice) and inclusion (restorative justice) in response to crime.
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