Ideologies and Realities in Prison Law: Some Trends

Vagn Greve, Annika Snare

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    Abstract

    For a long period prisoners were in a kind of law-exempted space. It is only in more recent times they have received rights comparable to the human rights citizens enjoy outside prisons. This article reviews the characteristics and developments of legislations in the Nordic countries, England, Germany and U.S.A. It is noted that legislation in all these countries has moved toward principles of the ‘Rechtsstaat’. However, it is also shown that today is marked by a reverse trend, which has led to – and will lead to – abandonment of achieved rights. ‘Rechtsstaat’-principles have not been replaced by principles of ‘welfare state’ ideologies, but mainly by pure retribution or punitiveness.
    Original languageEnglish
    Title of host publicationCriminal Law
    EditorsPeter Wahlgren
    Number of pages26
    Place of PublicationStockholm
    PublisherStockholm Institute for Scandinavian Law
    Publication dateSept 2009
    Pages307-332
    ISBN (Print)9789185142682
    Publication statusPublished - Sept 2009
    SeriesScandinavian Studies in Law
    ISSN0085-5944

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