Living Beyond the Law
Lessons from Pirates, Prisoners, Lepers, and Survivors
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Product details:
- Publisher Rowman & Littlefield Publishers
- Date of Publication 29 August 2014
- ISBN 9781442231030
- Binding Hardback
- No. of pages228 pages
- Size 228x152 mm
- Language English 0
Categories
Short description:
What happens when the legal structures designed to help keep us safe collapse, or are twisted beyond recognition, and people are left to their own devices? Do they rise up and help each other, or do they sink to the lowest common denominator? The truth is complex and compelling and sheds light on our current criminal justice system as it?s currently devised. This book looks at stories of shipwrecks and communes, concentration camps and leper colonies, pirates and gold diggers, prisons and punishments, in an effort to determine out natural inclinations toward cooperation and community, and how such lessons can inform the structure of our modern institutions, especially our criminal justice system.
MoreLong description:
It has long been a commonly shared wisdom that humans need government to bring social order to what would otherwise be a chaotic and dangerous world. But recent research on human nature and human history suggest that governmental law is not the well-spring of social order. Thousands of years ago, early humans on the Serengeti Plain, surrounded by faster, stronger, and bigger predators, had no government or law yet produced the most successful species in the history of Planet Earth. Presumably they found ways to cooperate and survive what was a harsh and forbidding environment.
Does modern man retain this same cooperative inclination, or has it atrophied in humans' modern conditions? Living Beyond the Law mines the amazing natural experiments and accidents of modern human history: shipwrecks, plane crashes, leper colonies, pirate crews, escaped slaves, Gold Rush prospectors, prison uprisings, utopian hippie communes, Nazi concentration camps, and a host of other situations in which modern man has been thrown into a situation beyond the reach of law, to explore the fundamental nature of human beings and how we behave when we don?t necessarily have to.
Here, Sarah and Paul Robinson explain that in such situations we are not Hobbesian devils, but neither are we selfless angels. Modern individuals naturally incline toward comparative action, even when in the desperate conditions in which their survival is at issue, but that innate cooperative spirit prevails only in the presence of a system to punish serious wrongdoing within the group and only when that punishment is perceived as just.
From the leper colony of Molokai to the concentration camps of Nazi Germany, from the 1972 plane crash in the Andes to the Colombian drug wars of Pablo Escobar, history is rife with examples of how people behave when rules of civility collapse. The real stories included in this book, illustrated with insights from psychology, biology, political science, and social science, help to provide a more optimistic picture of human nature. The authors conclude that humans are predisposed to be cooperative ? within limits that need to be taken into account when formulating modern criminal law and policy.
This book provides an entertaining and thought-provoking examination of private legal systems?privately created, norm-enforcing arrangements. Beyond selfishness and altruism, humans seem to be hard-coded to endorse justice and punish injustice. Based on a rich collection of cases in which people living outside the reach of the law created and enforced norms, the Robinsons examine human instincts toward social order and suggest how formal legal systems can embrace those instincts.
Table of Contents:
Acknowledgments
1. What Is Our Nature? What Does Government Do for Us, and to Us?
Part I. Human Rules
2. Cooperation Lepers & Pirates
3. Punishment Drop City & the Utopian Communes
4. Justice 1850s San Francisco & the California Gold Rush
5. Injustice The Attica Uprising & the Batavia Shipwreck
6. Survival The Inuits of King William Land & the Mutineers on Pitcairn Island
7. Subversion Hellships & Prison Camps
Part II. Modern Lessons
8. Credibility America's Prohibition
9. Excess Committing Felony Murder While Asleep in Bed & Life in Prison for an Air-Conditioning Fraud
10. Failure Getting Away with Murder Beyond a Reasonable Doubt
11. Collapse Escobar's Colombia
12. Taking Justice Seriously Five Proposals
Epilogue: What Are They Doing Now?
Notes
Glossary
Summary
Selected Bibliographies
Other Books by Paul Robinson
Index
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