Filosofie zločinu a trestu – vybrané aspekty amerického trestního práva v 19. století se zvláštním zřetelem k problematice vězeňství

Abstract

In his article, the author discusses the development of American criminal law in the 19th century, with the focus on prison issues. In this context, he also recalls the views of the French thinker Michel Foucault on this topic expressed in his now classic work “Discipline and Punish”. In order to provide the necessary context, this section is preceded by a brief outline of the development of American criminal law since its colonial beginnings. Then, as far as the prison system itself in the newly founded United States of America is concerned, the author highlights two different approaches to prisoners that were applied in the jail houses Eastern Penitentiary in Pennsylvania and Auburn Prison in New York. He also focuses on the economic side of the issue, whereas part of the text aims to analyse the phenomenon of the “convict lease system” as practised particularly in the American South. Finally, he concludes his article by mentioning other attempts to reform the prison system in the second half of the 19th century.