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Author: Cornelia Klocker
Publisher: Routledge
ISBN: 9781032236087
Category :
Languages : en
Pages : 206
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Book Description
This book analyses collective punishment in the context of human rights law. It will be of interest to students, academics and policy-makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.
Author: Cornelia Klocker
Publisher: Routledge
ISBN: 9781032236087
Category :
Languages : en
Pages : 206
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Book Description
This book analyses collective punishment in the context of human rights law. It will be of interest to students, academics and policy-makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.
Author: Cornelia Klocker
Publisher: Routledge
ISBN: 1000062600
Category : Law
Languages : en
Pages : 254
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Book Description
This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular. The book will be of interest to students, academics and policy makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.
Author: Bruce N. Waller
Publisher: Routledge
ISBN: 1351378244
Category : Philosophy
Languages : en
Pages : 365
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Book Description
The Injustice of Punishment emphasizes that we can never make sense of moral responsibility while also acknowledging that punishment is sometimes unavoidable. Recognizing both the injustice and the necessity of punishment is painful but also beneficial. It motivates us to find effective means of minimizing both the use and severity of punishment, and encourages deeper inquiry into the causes of destructive behavior and how to change those causes in order to reduce the need for punishment. There is an emerging alternative to the comfortable but destructive system of moral responsibility and just deserts. That alternative is not the creation of philosophers but of sociologists, criminologists, psychologists, and workplace engineers; it was developed, tested, and employed in factories, prisons, hospitals, and other settings; and it is writ large in the practices of cultures that minimize belief in individual moral responsibility. The alternative marks a promising path to less punishment, less coercive control, deeper common commitment, and more genuine freedom.
Author: Elizabeth T. Gershoff
Publisher: Springer
ISBN: 3319148184
Category : Psychology
Languages : en
Pages : 125
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Book Description
This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.
Author:
Publisher: Human Rights Watch
ISBN:
Category :
Languages : en
Pages : 138
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Book Description
Author: Mark A. Drumbl
Publisher: Cambridge University Press
ISBN: 1139464566
Category : Law
Languages : en
Pages : 211
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Book Description
This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.
Author: Rebecca Wolfe
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This study explores the conditions under which people are willing to punish collectives for an individual's actions - i.e., collective punishment. Manipulating the perspective of the participant and the control the collective had over the perpetrator, the authors found collectives received harsher punishments when the collective had control over the perpetrator and the participant was in the role of victim than when the collective had no control over the perpetrator and the participant was in the role of a neutral observer. Perpetrators received harsher punishments from victims when the collective had control over the perpetrator as compared to when the collective did not have control over the perpetrator. The opposite was true for neutral observers. Possible affective and cognitive explanations for these findings are explored.
Author: Jean Ensminger
Publisher: Russell Sage Foundation
ISBN: 1610448405
Category : Social Science
Languages : en
Pages : 493
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Book Description
Questions about the origins of human cooperation have long puzzled and divided scientists. Social norms that foster fair-minded behavior, altruism and collective action undergird the foundations of large-scale human societies, but we know little about how these norms develop or spread, or why the intensity and breadth of human cooperation varies among different populations. What is the connection between social norms that encourage fair dealing and economic growth? How are these social norms related to the emergence of centralized institutions? Informed by a pioneering set of cross-cultural data, Experimenting with Social Norms advances our understanding of the evolution of human cooperation and the expansion of complex societies. Editors Jean Ensminger and Joseph Henrich present evidence from an exciting collaboration between anthropologists and economists. Using experimental economics games, researchers examined levels of fairness, cooperation, and norms for punishing those who violate expectations of equality across a diverse swath of societies, from hunter-gatherers in Tanzania to a small town in rural Missouri. These experiments tested individuals’ willingness to conduct mutually beneficial transactions with strangers that reap rewards only at the expense of taking a risk on the cooperation of others. The results show a robust relationship between exposure to market economies and social norms that benefit the group over narrow economic self-interest. Levels of fairness and generosity are generally higher among individuals in communities with more integrated markets. Religion also plays a powerful role. Individuals practicing either Islam or Christianity exhibited a stronger sense of fairness, possibly because religions with high moralizing deities, equipped with ample powers to reward and punish, encourage greater prosociality. The size of the settlement also had an impact. People in larger communities were more willing to punish unfairness compared to those in smaller societies. Taken together, the volume supports the hypothesis that social norms evolved over thousands of years to allow strangers in more complex and large settlements to coexist, trade and prosper. Innovative and ambitious, Experimenting with Social Norms synthesizes an unprecedented analysis of social behavior from an immense range of human societies. The fifteen case studies analyzed in this volume, which include field experiments in Africa, South America, New Guinea, Siberia and the United States, are available for free download on the Foundation’s website:www.russellsage.org.
Author: R. Loeffel
Publisher: Springer
ISBN: 1137021837
Category : History
Languages : en
Pages : 269
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Book Description
In the Third Reich, political dissidents were not the only ones liable to be punished for their crimes. Their parents, siblings and relatives also risked reprisals. This concept - known as Sippenhaft – was based in ideas of blood and purity. This definitive study surveys the threats, fears and infliction of this part of the Nazi system of terror.
Author: Jessica T Simes
Publisher: Univ of California Press
ISBN: 0520380339
Category : Law
Languages : en
Pages : 251
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Book Description
A spatial view of punishment -- The urban model -- Small cities and mass incarceration -- Social services beyond the city : isolation and regional inequity -- Race and communities of pervasive incarceration -- Punishing places -- Beyond punishing places : a research and reform agenda -- Appendix : data and methodology.
