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2 - Malcolm Feeley’s Concept of Law

from Part I - The Process Is the Punishment

Published online by Cambridge University Press:  18 April 2019

Rosann Greenspan
Affiliation:
University of California, Berkeley
Hadar Aviram
Affiliation:
University of California, Hastings College of the Law
Jonathan Simon
Affiliation:
University of California, Berkeley
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Summary

Malcolm Feeley’s The Process Is the Punishment has undoubtedly reached canonical status. Perhaps because Feeley bestowed it with a dangerously catchy title, the book is often cited for a fairly straightforward empirical conclusion: the burdens and hassles that defendants experience in lower criminal courts as their cases are processed more often than not outweigh formal sanctions imposed when the cases are concluded. Behind that conclusion – in fact premising it – are a set of complex and nuanced propositions about how we ought to conceptualize the law and what that conceptualization means for our study of it.

Type
Chapter
Information
The Legal Process and the Promise of Justice
Studies Inspired by the Work of Malcolm Feeley
, pp. 36 - 54
Publisher: Cambridge University Press
Print publication year: 2019

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References

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