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1

Waldman, W. A penalty element formulation for calculating bulk stress. Melbourne, Australia: Aeronautical Research Laboratory, 1989.

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2

Funaro, Daniele. Convergence results for pseudospectral approximations of hyperbolic systems by a penalty type boundary treatment. Hampton, Va: National Aeronautics and Space Administration, Langley Research Center, 1989.

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3

Funaro, Daniele. Convergence results for pseudospectral approximations of hyperbolic systems by a penalty type boundary treatment. Hampton, Va: National Aeronautics and Space Administration, Langley Research Center, 1989.

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4

Bedau, Hugo Adam. Capital Punishment. Edited by Hugh LaFollette. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199284238.003.0028.

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Understanding and justifying capital punishment need to proceed from within a larger framework that can be and often is left implicit. That framework consists of one's views about punishment generally; only within that context can one adequately face the narrower issues peculiar to understanding and justifying the death penalty. If punishment as such could not be justified, then a fortiori neither could the death penalty. If punishment generally serves certain purposes or functions, then presumably so does the death penalty. Not so conversely, however. The death penalty might not be justified, but that need not put in doubt the justification of punishment in general. The discussion in this article proceeds on two assumptions. First, the general features defining punishment within a legal system will be taken for granted. Secondly, the function and purposes of the death penalty will be assumed to be those shared by punishments generally.
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5

D, Gottlieb, and Institute for Computer Applications in Science and Engineering., eds. A stable penalty method for the compressible Navier-Stokes equations. Hampton, VA: Institute for Computer Applications in Science and Engineering, NASA Langley Research Center, 1994.

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6

Doyle, David M., and Liam O'Callaghan. Capital Punishment in Independent Ireland. Liverpool University Press, 2020. http://dx.doi.org/10.3828/liverpool/9781789620276.001.0001.

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This is a comprehensive and nuanced historical survey of the death penalty in Ireland from the immediate post-Civil War period through to its complete abolition. Using original archival material, this book sheds light on the various social, legal and political contexts in which the death penalty operated and was discussed. In Ireland the death penalty served a dual function: as an instrument of punishment in the civilian criminal justice system, and as a weapon to combat periodic threats to the security of the state posed by the IRA. In closely examining cases dealt with in the ordinary criminal courts, this book elucidates ideas of class, gender, community and sanity and how these factors had an impact the administration of justice. The application of the death penalty also had a strong political dimension, most evident in the enactment of emergency legislation and the setting up of military courts specifically targeted at the IRA. As this book demonstrates, the civilian and the political strands converged in the story of the abolition of the death penalty in Ireland. Long after decision-makers accepted that the death penalty was no longer an acceptable punishment for ‘ordinary’ cases of murder, lingering anxieties about the threat of subversives dictated the pace of abolition and the scope of the relevant legislation.
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7

Simon, Morris. 6 The Approval and Regulation of Individuals. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199688753.003.0006.

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This chapter concerns the approval and the regulation of individuals—specifically the senior management and customer-facing staff of a firm. Following the collapse of institutions such as Northern Rock (2007), it was agreed that the regulator should engage more intensively with firms over senior management’s competence and technical skills. This chapter considers the requirement for approval, the application process for approval, the possibility of withdrawal of approval, and the penalty for performance of a controlled function without approval. It then considers the Financial Conduct Authority’s (FCA) power to prohibit an individual from performing certain functions, or to take disciplinary action against an individual guilty of misconduct. Finally, the FCA and Prudential Regulatory Authority’s (PRA) ability to make rules of conduct, and the application of the Statements of Principle and Code of Practice for Approved Persons (APER), are discussed.
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8

Yaffe, Gideon. The Weight of a Legal Reason. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198803324.003.0006.

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This chapter forwards a theory of the strength of legal reasons under which how much say a person has over the law matters to how strong his legal reasons are. Three measures of strength are discussed: (1) a statutory measure, set by the severity of a statutorily specified penalty, (2) an institutional measure, set by the amount of force employed by legal institutions, and (3) an expressive measure, set by the amount of disapproval expressed by the law. The strength of a legal reason provided by a fact for a particular person, in any of these three senses, is a function of the person’s complicity in the legal facts thanks to which the fact provides a legal reason with a given strength. Complicity, in the relevant sense, it is suggested, is established by the person’s degree of say over the relevant body of legal facts.
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9

Smith, Peter Scharff. Prisoners’ Families, Public Opinion, and the State. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198810087.003.0008.

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This chapter moves the focus from the offender-state binary to a broader discussion about the relationship between penal policies, prisons, and society. It does so using a partly Durkheimian approach. The sociologist Émile Durkheim saw the function of the institutions of penality less as a form of instrumental rationality and more as a kind of routinized expression of emotion. According to such an approach, thinking of punishment as a calculated instrument for the rational control of conduct would be to miss its essential character, to mistake superficial form for true content since the essence of punishment is irrational, unthinking emotion fixed by a sense of the sacred and its violation. Furthermore, this chapter suggests that interpreting and implementing the rights of prisoners’ children and families provides a perspective on criminal justice systems, which can potentially change the current state-offender dynamic.
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10

Albertson, Kevin, Mary Corcoran, and Jake Phillips, eds. Marketisation and Privatisation in Criminal Justice. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781447345701.001.0001.

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Criminal justice used to be thought of as a field autonomous from politics and the economy, with the management of crime and punishment being seen as essentially the responsibility of government. However, in recent decades, policies have been adopted which blur the institutional boundaries and functions of the public sector with those of for-profit and civil society interests in many parts of the penal/welfare complex. The impact of these developments on society is contested: Proponents of the ‘neo-liberal penality thesis’ argue economic deregulation, welfare retrenchment, individualised choices – and associated responsibility – may be aligned by market forces into efficient delivery of ‘law and order’. Set against the neo-liberal penal position are arguments that the corporate sector may be no more efficient in delivering criminal justice services than is the public sector, and reliance on the profit motive to deliver criminal justice may lead to perverse incentivisation of NGOs or state agencies. It is to this debate we add our contribution. Criminal justice is an ideal sector in which to consider the implications arising from the differing incentive structures held by different institutions, both private and public, citizens, governments, social enterprise and the corporate sector. All agree on the need for criminal justice, even as they compete in the policy sphere to dictate its form and delivery.
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11

Hardy, Jeffrey S. Oversight and Assistance. Cornell University Press, 2017. http://dx.doi.org/10.7591/cornell/9781501702792.003.0004.

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This chapter focuses on the most powerful and important institution in the Gulag's new network of oversight and assistance, the Procuracy. By the mid-1960s, Khrushchev's penal system was enmeshed in a multifaceted and robust network of oversight and assistance that helped curb violence and other illegalities, promoted the reeducation of prisoners, and even supported the economic responsibilities of the individual penal facilities. In this manner the corrective-labor institutions of the Ministry of Internal Affairs (MVD) were integrated more fully into the party-state apparatus and their surrounding communities, thereby reducing the conditions of isolation that led to abuse. Never again would the Soviet Gulag function as an autonomous empire within the empire.
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12

Rhine, Edward E., and Faye S. Taxman. American Exceptionalism in Community Supervision. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190203542.003.0010.

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This chapter explores whether the concept of American exceptionalism applies to the discourse and conduct of community supervision in its main variant—probation—when comparing the United States with Europe. Community supervision in the United States does not serve merely as a stand-alone punishment. It functions frequently as a much-less-acknowledged “front door” to incarceration due to failures in its conduct. It is often used after incarceration terms or as an “elastic frame” in which additional punishments—such as economic sanctions, liberty restrictions, and coerced treatment—can be levied. This chapter's approach is to compare US and European probation through the use of five indicia, or “markers,” to gauge the penal scope and shape of probation. The markers provide criteria to assess the liberty restrictions imposed on offenders.
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13

Stuart, Casey-Maslen, Clapham Andrew, Giacca Gilles, and Parker Sarah. Art.14 Enforcement. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723523.003.0018.

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This chapter discusses Article 14 of theATT. It requires all states parties to take ‘appropriate’ measures to enforce national laws and regulations that serve to implement the ATT. Such enforcement is typically achieved by a range of legislative and administrative measures, policies, and programmes, including penal sanctions. Article 14 is related to any other provision that requires measures to control or regulate international transfer of conventional arms, including their export, import, transit, or trans-shipment. It also applies to other provisions relating to brokering and diversion. Domestic enforcement of the ATT is important to the overall effectiveness of the ATT. A system of enforcement is critical in order to ensure that the national control system functions as planned and to ensure that sanctions are applied when violations of domestic laws occur.
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14

Salla, Fernando. O Trabalho dos Presos e a Privatização das Prisões. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-225-4.

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The book presents the historical trajectory of the prison and discusses the role that the work of prisoners plays. In particular, it analyses the functions of prison and the work of prisoners based on two distinct theoretical lines, represented by Dario Melossi-Massimo Pavarini and Michel Foucault. The book identifies and analyses the various ideas proposed over the years for reforming prisons and, above all, the work carried out inside them by the prisoners. It points out failures in many attempts to make the productive sector of prisons similar to that of the private sector. It addresses the phenomenon of privatization of prisons that has gained momentum since the mid-1970s and the various proposals that have emerged, including those aimed at the productive sector. In addition, it stresses the limits and obstacles for the success of such proposals, which are imposed by the penal system as well as the dynamics of the prison world. The research on which the book is based was developed with the national and international bibliography and specially with the documentation of the American justice system.
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15

Gordon, Gregory S. Adopting Incitement to Commit War Crimes. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190612689.003.0011.

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Chapter 10 proposes a new atrocity speech offense—incitement to commit war crimes. It demonstrates that any imagined ills related to this proposed expansion of speech criminalization in the military context-- from supposed chilling effects to drags on operational efficiency – are easily outweighed by the salutary impact of wider proscription. The chapter contends that exposing intraforce military relations to the specter of greater verbal regulation will promote law of armed conflict (LOAC) compliance and esprit de corps, thereby ultimately enhancing broader functional objectives. It also explains why the proposal’s timing is propitious. War weapons have become more lethal and war tactics more savage. And the incitement offense has fossilized as a penal option within the narrow target-crime confines of genocide. As the international legal imagination has begun to visualize its utility in relation to other global crimes, notably terrorism, its adaption for LOAC violation purposes seems prudently incremental and normatively sound.
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16

Johnson, Andrew. If I Give My Soul. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190238988.001.0001.

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Prisons and jails in Rio de Janeiro are violent and crowded; they are governed by narco-gangs and are also intensely religious spaces. Rio's penal institutions reflect the social world of the poor neighborhoods where most of the inmates lived before their arrests. They are places where the state has a weak presence and residents organize around nonstate entities, primarily gangs like the Comando Vermelho or the Pentecostal churches. Inside of prison Pentecostal inmates form churches that resemble the gangs in organization and leadership structure. The gangs allow the churches to function autonomously, even allowing inmates to renounce their gang affiliation and join the churches as long as their religious commitments are deemed genuine. To gather data on the incarcerated Pentecostal groups, I spent two weeks living inside a prison in Brazil and then collected ethnographic data by regularly visiting one prison and one jail in Rio de Janeiro over a year to observe church activities and interview inmates, guards, and the Pentecostal volunteers visiting from outside churches. This book is a lived religion study of prison Pentecostalism, and I emphasized the rituals and embodied daily practice of the faith. From the data collected, I argue that the ganglike structure of the churches and the rigorous and visible practice of the faith enable the churches to thrive in prison. The churches provide protection, which makes them an attractive option to inmates whose lives may be at risk, but more important the churches allow members the opportunity to live moral and dignified lives in the midst of horrendous circumstances.
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