Privilege or Punish: Criminal Justice and the Challenge of Family Ties.(Book review): An article from: Yale Law Journal
Book Details
Author(s)Alafair S. Burke
PublisherYale University, School of Law
ISBN / ASINB003LOGRK4
ISBN-13978B003LOGRK9
MarketplaceIndia 🇮🇳
Description
This digital document is an article from Yale Law Journal, published by Yale University, School of Law on April 1, 2010. The length of the article is 11675 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.
From the author: In Privilege or Punish: Criminal Justice and the Challenge of Family Ties, Dan Markel, Jennifer Collins, and Ethan Leib make an important contribution to the growing literature on criminal law and families by documenting the ways that criminal law advantages and burdens actors based on familial status and identifying the potential harms that are unleashed when criminal law recognizes family status. This Feature seeks to complement that contribution by situating the authors' observations within the context of two considerations beyond Privilege or Punish's immediate focus: chronological trends and the practical realities that can shape application of formal law. By distinguishing criminal law's traditions from contemporary trends, the Feature identifies both a gradual de-emphasis of legally recognized family forms and an increased willingness to enforce criminal law within families, regardless of how they are comprised. It concludes by arguing that effective enforcement of criminal law within families often requires the criminal justice system to yield to family relationships, not for the purpose of promoting preferred family forms, but to serve the criminal law's familiar retributive and utilitarian goals.
Citation Details
Title: Privilege or Punish: Criminal Justice and the Challenge of Family Ties.(Book review)
Author: Alafair S. Burke
Publication:Yale Law Journal (Magazine/Journal)
Date: April 1, 2010
Publisher: Yale University, School of Law
Volume: 119 Issue: 6 Page: 1210(25)
Article Type: Book review
Distributed by Gale, a part of Cengage Learning
From the author: In Privilege or Punish: Criminal Justice and the Challenge of Family Ties, Dan Markel, Jennifer Collins, and Ethan Leib make an important contribution to the growing literature on criminal law and families by documenting the ways that criminal law advantages and burdens actors based on familial status and identifying the potential harms that are unleashed when criminal law recognizes family status. This Feature seeks to complement that contribution by situating the authors' observations within the context of two considerations beyond Privilege or Punish's immediate focus: chronological trends and the practical realities that can shape application of formal law. By distinguishing criminal law's traditions from contemporary trends, the Feature identifies both a gradual de-emphasis of legally recognized family forms and an increased willingness to enforce criminal law within families, regardless of how they are comprised. It concludes by arguing that effective enforcement of criminal law within families often requires the criminal justice system to yield to family relationships, not for the purpose of promoting preferred family forms, but to serve the criminal law's familiar retributive and utilitarian goals.
Citation Details
Title: Privilege or Punish: Criminal Justice and the Challenge of Family Ties.(Book review)
Author: Alafair S. Burke
Publication:Yale Law Journal (Magazine/Journal)
Date: April 1, 2010
Publisher: Yale University, School of Law
Volume: 119 Issue: 6 Page: 1210(25)
Article Type: Book review
Distributed by Gale, a part of Cengage Learning
