Michigan Law Review Volume 77 Issue 3 1979 The Rise of Prisons and the Origins of the Rehabilitative Ideal Carl E. Schneider University of Michigan Law School,
[email protected] Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Criminal Law Commons, Law and Psychology Commons, Law Enforcement and Corrections Commons, and the Legal History Commons Recommended Citation Carl E. Schneider, The Rise of Prisons and the Origins of the Rehabilitative Ideal, 77 MICH. L. REV. 707 (1979). Available at: https://repository.law.umich.edu/mlr/vol77/iss3/27 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. THE RISE OF PRISONS AND THE ORIGINS OF THE REHABILITATIVE IDEAL Carl E. Schneider* THE DISCOVERY OF THE ASYLUM: SOCIAL ORDER AND DISORDER IN THE NEW REPUBLIC. By David J. Rothman. Boston: Little, Brown. 1971. Pp. xx, 376. $12.50. I. INTRODUCTION In 1971, David Rothman published this appealing and pro vocative study of the rise of the large custodial institution-the penitentiary, the insane asylum, and the almshouse-in Jack sonian America. The Discovery of the Asylum has been influen tiaP and remains the best general treatment of prisons in antebel lum America. 2 It merits careful, though cautious, attention from the legal community. This essay attempts to give it that attention and to use the opportunity to begin to explore a significant but little-studied question: When did what Professor Allen has called the rehabilitative ideal3 first begin to be taken seriously in Eng land and the United States? A review of Rothman's book invites that inquiry because an examination of the book's two main • Editor-in-Chief, Michigan Law Review.-Ed.