Skip to main content Accessibility help
  • Print publication year: 2019
  • Online publication date: April 2019

Introduction: Past as Prologue


We live in what some sociolegal scholars might be tempted to call a Feeleyian moment in the course of law and liberal societies. “What?” you might say, “Feeleyian?” That would be a reference, of course, to the influential and wide-ranging scholarship of political scientist and legal scholar Malcolm Feeley. While history may not repeat itself, its well-known propensity for echoing or rhyming (the latter being attributed with no apparent evidence to the writer Mark Twain) seemed evident when a group of noted scholars in sociolegal scholarship gathered in Berkeley to present new work in the fields that Feeley sowed in some cases decades earlier.

Related content

Powered by UNSILO
Alexander, Michelle. 2010. The New Jim Crow: Mass Incarceration in the Age of Colorblindness. New York: The New Press.
Etzioni, Amitai. 1961. A Comparative Analysis of Complex Organizations: On Power, Involvement, and their Correlates. New York: Free Press.
Feeley, Malcolm M. 1979. The Process is the Punishment: Handling Cases in a Lower Criminal Court. New York: Russel-Sage.
Feeley, Malcolm M. 1983. Court Reform on Trial: Why Simple Solutions Fail. New York: Basic Books.
Feeley, Malcolm M. 2018. “How to Think About Criminal Court Reform.” Boston University Law Review 98: 669726.
Feeley, Malcolm M. and Aviram, Hadar. 2010. “Social Historical Studies of Women, Crime, and Courts.” Annual Review of Law and Social Science 6: 151–71.
Feeley, Malcolm M. and Little, Deborah. 1991. “The Vanishing Female: The Decline of Women in the Criminal Process, 1687–1912.” Law & Society Review 25: 719–57.
Feeley, Malcolm M. and Rubin, Edward L.. 1999. Judicial Policy Making and the Modern State: How the Courts Reformed America’s Prisons. New York: Cambridge University Press.
Feeley, Malcolm M., and Simon, Jonathan. 1992. “The New Penology: Notes on the Emerging Strategy of Corrections and Its Implications.” Criminology 30.4: 449–74.
Garland, David. 2001. The Culture of Control: Crime and Social Order in Contemporary Society. Chicago: University of Chicago Press.
Van Cleve, Gonzalez, Nicole. 2016. Crook County Racism and Injustice in America’s Largest Criminal Court. Stanford: Stanford University Press.
Goodman, Philip, Page, Joshua, and Phelps, Michelle. 2017. Breaking the Pendulum: The Long Struggle Over Criminal Justice. New York, NY: Oxford University Press.
Halliday, Terence C., Karpik, Lucien, and Feeley, Malcolm M.. 2007. Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Liberalism. Oñati: Hart Publishing.
Halliday Terence, C., Karpik, Lucien, and Feeley, Malcolm M.. 2012. Fates of Political Liberalism in the British Post-Colony. New York: Cambridge University Press.
Kohler-Hausmann, Issa. 2018. Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Policing. Princeton: Princeton University Press.
Lynch, Mona. 2010. Sunbelt Justice: Arizona and the Transformation of American Punishment. Stanford: Stanford University Press.
Lynch, Mona. 2016. Hard Bargains: The Coercive Power of Drug Laws in Federal Court. New York: Russell Sage Foundation.
Packer, Herbert L. 1968. The Limits of the Criminal Sanction. Stanford: Stanford University Press.
Pound, Roscoe. 1910. “Law in Books and Law in Action.” American Law Review 44.1: 1236.
Schoenfeld, Heather. 2018. Building the Prison State: Race and the Politics of Mass Incarceration. Chicago: University of Chicago Press.
Simon, Jonathan. 2007. Governing Through Crime: How the Warn on Crime Transformed American Democracy and Created a Culture of Fear. New York: Oxford University Press.
Simon, Jonathan. 2014. Mass Incarceration on Trial: A Remarkable Court Decision and the Future of Prisons in America. New York: The New Press.
Zimring, Franklin E. and Hawkins, Gordon J.. 1991. The Scale of Imprisonment. Chicago: University of Chicago Press.