School of Social and Political Sciences - Research Publications

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    Postcolonial penality: Liberty and repression in the shadow of independence, India c. 1947
    Brown, M (SAGE PUBLICATIONS LTD, 2017-05-01)
    This article reports primary archival data on the colonial penal history of British India and its reconfiguration into the postcolonial Indian state. It introduces criminologists to frameworks through which postcolonial scholars have sought to make sense of the continuities and discontinuities of rule across the colonial/postcolonial divide. The article examines the postcolonial life of one example of colonial penal power, known as the criminal tribes policy, under which more than three million Indian subjects of British rule were restricted in their movements, subject to a host of administrative rules and sometimes severe punishments, sequestered in settlements and limited in access to legal redress. It illustrates how at the birth of the postcolonial Indian state, encompassing visions of a liberal, unfettered and free life guaranteed in a new Constitution and charter of Fundamental Rights, freedom for some was to prove as elusive as citizens as it had been as subjects.
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    "An Unqualified Human Good"? On Rule of Law, Globalization, and Imperialism
    Brown, M (Wiley, 2018)
    Forty years ago, E. P. Thompson praised the English rule of law forged during the bloody and fractious eighteenth century, calling it not only “an unqualified human good,” but also a “cultural achievement of universal significance.” This article examines colonial rule-of-law development as another example of law and state building. Both have relevance for contemporary rule-of-law programming in the Global South where Thompson’s “cultural achievement” has resisted fabrication by legal technicians. The problems faced today are not new, for colonial rulers also engaged with complex indigenous norms and forms and sought to balance universal principles with political control imperatives. Contra arguments about colonial “lawfare,” colonial rule of law often frustrated authoritarian tendencies while developing new forms of legal subjectivity and avenues for redress of grievances. Using data from the Indian province of Punjab, the article illustrates how historical case studies might aid contemporary rule-of-law programming in the Global South.
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    Colonial history and theories of the present: Some reflections upon penal history and theory
    Brown, M ; GODFREY, BS ; DUNSTALL, G (Willan Publishing, 2013-01-01)
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    Mentoring, Social Capital and Desistance: A Study of Women Released from Prison
    Brown, M ; Ross, S (SAGE PUBLICATIONS LTD, 2010-04-01)
    Mentoring ex-prisoners is an increasingly popular tool in the burgeoning field of offender reintegration and resettlement. Yet surprisingly little is known about what makes mentoring effective and indeed even whether it can be effective within the domain of criminal justice. This article proceeds in two parts. First, drawing upon desistance theory it attempts to develop a theoretical underpinning for mentoring practice with ex-offenders that would identify appropriate targets for mentoring practice, including the development of social capital or connectedness. Part two of the article utilises data from research on a women's mentoring program in Victoria, Australia, to understand how one key dimension of desistance — social capital — is recognised by women as a domain of need and those women's perceptions of the way mentoring may deliver gains in social connectedness and capital. The article concludes with a discussion of the distinctly gendered nature of women's postprison experiences and the way in which these factors shape both the process of desistance and the nature of mentoring interventions.