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Dual Justice

America’s Divergent Approaches to Street and Corporate Crime

Dual Justice

America’s Divergent Approaches to Street and Corporate Crime

A far-reaching examination of how America came to treat street and corporate crime so differently.

While America incarcerates its most marginalized citizens at an unparalleled rate, the nation has never developed the capacity to consistently prosecute corporate wrongdoing. Dual Justice unearths the intertwined histories of these two phenomena and reveals that they constitute more than just modern hypocrisy.

By examining the carceral and regulatory states’ evolutions from 1870 through today, Anthony Grasso shows that America’s divergent approaches to street and corporate crime share common, self-reinforcing origins. During the Progressive Era, scholars and lawmakers championed naturalized theories of human difference to justify instituting punitive measures for poor offenders and regulatory controls for corporate lawbreakers. These ideas laid the foundation for dual justice systems: criminal justice institutions harshly governing street crime and regulatory institutions governing corporate misconduct.

Since then, criminal justice and regulatory institutions have developed in tandem to reinforce politically constructed understandings about who counts as a criminal. Grasso analyzes the intellectual history, policy debates, and state and federal institutional reforms that consolidated these ideas, along with their racial and class biases, into America’s legal system.


336 pages | 2 halftones, 1 tables | 6 x 9 | © 2024

Chicago Series in Law and Society

Law and Legal Studies: Law and Society

Political Science: American Government and Politics, Race and Politics

Reviews

"Dual Justice is an argument for creating the kind of society in which we should all wish to live. Grasso argues our existing carceral and regulatory institutions are instead sources of inequality and crime. Dual Justice proposes the possibility of a future our nation desperately needs."

John Hagan | Northwestern University

Dual Justice makes a striking, original contribution to our understanding of the roots of American public policy’s disparate treatment of different kinds of criminal behavior. Grasso traces the fascinating history of the divergent ideological frameworks that underlie criminal justice policy and policy toward white-collar crime: the idea of regulation vs. the rehabilitative ideal. Fascinatingly and convincingly, he traces both of these patterns to a common origin: the social Darwinism of the late nineteenth century.”

Robert C. Lieberman | Johns Hopkins University

Dual Justice recasts the history of America's carceral state as the successful embedding of a dual faced ideology about law breaking towards the poor and the business elite into our politics and legal culture. Grasso makes a comprehensive, effective case for how this synthesis of ideas about crime in both academia and policy making laid the foundation for the extreme punitiveness of today's carceral state.”

Jonathan Simon | University of California, Berkeley

Table of Contents

1. Crime, Ideology, and Inequality in American Politics
2. Ideological Formation: Constructing Rehabilitative and Regulatory Ideologies
3. Entrenching Rehabilitation: Pathology and Punishment in the Progressive Era
4. Entrenching Regulation: Crime, Politics, and the Origins of the Regulatory State
5. The Persistence of Rehabilitation: Criminality, Incorrigibility, and Twentieth-Century Politics
6. The Persistence of Regulation: Regulatory Responses to Corporate Lawbreaking
7. Reunifying Rehabilitative and Regulatory Ideologies in the Twenty-First Century
8. Deconstructing Ideology and Criminality: Possibilities for a Different Future
Acknowledgments
Notes
Works Cited
Index

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