Contrasting Prisoners Rights: A Comparative Examination of England and Germany

Hardcover | April 8, 2004

byLiora Lazarus

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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 understandingsare 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 withinthe 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 prisonadministration, 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 thelast thirty years.

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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 understandingsare placed against the background of broader ...

Liora Lazarus is Fellow and Tutor in Law at St. Anne's College, Oxford, and Lecturer in Law and Associate of the Centre for Criminological Research at the University of Oxford.

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Format:HardcoverDimensions:336 pages, 9.21 × 6.14 × 0.9 inPublished:April 8, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199259836

ISBN - 13:9780199259830

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Table of Contents

Introduction. Comparing Prisoners' Rights1. Prisoners in a Rights Culture: the Case of Germany2. Prison Reform in Germany: Reform Ideals and Political Compromises3. The German Prison Act: Principles and Special Provisions4. Penal Politics and Prison Law in England5. Prisoners and the Parliamentary Constitution6. The Jurisprudence of Prisoners' Rights in EnglandConclusion