Illusion of Order

by Harcourt, Bernard E.

• ISBN13: 9780674004726
• ISBN10: 0674004728
• Format: Hardcover
• Copyright: 2001-07-01
• Publisher: Harvard Univ Pr

Summary

This is the first book to challenge the "broken-windows" theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of "law abiders" and "disorderly people" and of "order" and "disorder," which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.

Author Biography

Bernard E. Harcourt is Professor of Law at the University of Chicago.

Table of Contents

Acknowledgments	ix
Punishment and Criminal Justice at the Turn of Century	1	(22)
The Order-Maintenance Approach	23	(36)
Part I Empirical Critique
The Broken Windows Theory	59	(31)
Policing Strategies and Methodology	90	(37)
Part II Theoretical Critique
On Disorderly, Disreputable, or Unpredictable People	127	(33)
The Implications of Subject Creation	160	(25)
Part III Rhetorical Critique
The Turn to Harm as Justification	185	(32)
Part IV Rethinking Punishment and Criminal Justice
An Alternative Vision	217	(25)
Toward a New Mode of Political Analysis	242	(9)
Notes	251	(14)
Bibliography	265	(24)
Index	289