Contrasting Prisoners' Rights

Language: English

Published by Oxford University Press, GB, 2004

0199259836 / 9780199259830

Series: Book 23 of 55 - Oxford Monographs on Criminal Law and Justice

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This volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of prisoners' rights in Germany. First, the German and English understandings of prisoners' legal status are examined; secondly these understandings are placed against the background of broader social, political, and legal factors; and thirdly, the methodological problems of comparative law are addressed.English and German approaches to prisoners' rights present illuminating contrasts. In England, despite significant judicial activity in the development of a jurisprudence of prisoners' rights, protection of prisoners' rights remains partial and equivocal. Many aspects of prison life are left within the realm of executive discretion. This equivocal commitment to rights in England is juxtaposed with Germany's highly articulated rights culture and its ambitious system of prisoners' rights protection under the Prison Act 1976. The German Prison Act sets out foundational principles of prison administration, affords prisoners positive rights, defines the limitations of prisoners' constitutional rights, and provides prisoners with recourse to a Prison Court. Moreover, these rights and principles have been developed and refined in a substantial body of prison law jurisprudence over the last thirty years.…

Seller Inventory # LU-9780199259830

Title
Contrasting Prisoners' Rights
Author
Liora Lazarus
Publisher
Oxford University Press, GB
Publication year
2004
Condition
New
Binding
Hardback
Language
English
ISBN 10
0199259836
ISBN 13
9780199259830
Item weight
644 grams
Series
Book 23 of 55: Oxford Monographs on Criminal Law and Justice

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London, United Kingdom

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