Author: Stephen Kershnar
Publisher: University Press of America
ISBN: 9780761821533
Category : Social Science
Languages : en
Pages : 220
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Book Description
In general, there are two ways in which punishment is justified. Forward-looking justifications look to the good results that punishment brings about and that therefore occur after it. These results include the wrongdoer being deterred, incapacitated, or improved, as well as the deterrence of would-be wrongdoers, a decrease in costs associated with crime prevention, less fear in the community, and the promotion of hatred and disgust for actions that victimize others. In contrast, backward-looking justifications look to events that occurred before the punishment. On this approach, punishment is not justified via the good results that it brings about. The dominant backward-looking justification is retributivism. According to it, the wrongdoer in virtue of his past act deserves punishment and this desert justifies punishment. This book is an in-depth defense of retributivism. Since punitive desert lies at the heart of retributivism, it is important to provide an analysis of it. This is the focus of the first part of the book. I argue that punitive desert has to do with punishment being an intrinsically valuable event, where its value results from its standing in a certain relation to a person's having culpably performed a wrongdoing. I argue that this type of desert does not by itself contain moral duties to act in any way. In particular, it does not impose on someone the duty to punish a wrongdoer. This results in retributivism being more complex than the traditional accounts, since it must therefore involve duties that refer to but are not constituted by punitive desert. I also argue that punitive desert is independent of the wrongdoer's moral character and instead rests solely on a person's acts. Lastly, I argue that the value of punitive desert cannot be accounted for via more fundamental moral considerations. This results in punitive desert being a rather primitive moral notion in that it is not justified via more fundamental moral values. Like other intrinsically good things, e.g. friendship, and other intrinsically bad things, e.g. promise-breaking, punitive desert can be used to explain why certain states of affairs are both good and right.--Adapted from introduction.
Author: Stephen Kershnar
Publisher: SUNY Press
ISBN: 9780791460726
Category : Philosophy
Languages : en
Pages : 174
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Book Description
Examines whether race-based programs and slavery reparations are justified.
Author: Anthony F. Lang, Jr.
Publisher: Routledge
ISBN: 1134038674
Category : History
Languages : en
Pages : 277
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Book Description
This book seeks to demonstrate how rules not only guide a variety of practices within international politics but also contribute to the chaos and tension on the part of agents in light of the structures they sustain. Four central themes- practice, legitimacy, regulation, and responsibility- reflect different dimensions of a rule governed political order. The volume does not provide a single new set of rules for governing an increasingly chaotic international system. Instead, it provides reflections upon the way in which rules can and cannot deal with practices of violence. While many assume that "obeying the rules" will bring more peaceful outcomes, the chapters in this volume demonstrate that this may occur in some cases, but more often than not the very nature of a rule governed order will create tensions and stresses that require a constant attention to underlying political dynamics. This wide-ranging volume will be of great interest to students of International Law, International Security and IR theory.
Author: Deirdre Golash
Publisher: NYU Press
ISBN: 0814731848
Category : Law
Languages : en
Pages : 229
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Book Description
Golash addresses the value of punishment in contemporary society.
Author: Thomas Nadelhoffer
Publisher: Oxford University Press
ISBN: 0199779201
Category : Law
Languages : en
Pages : 310
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Book Description
The twelve essays in this volume aim at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed as scholars struggle to come to grips with the picture of human agency being pieced together by researchers in the biosciences.
Author: Matthew C. Altman
Publisher: Springer Nature
ISBN: 303111874X
Category : Philosophy
Languages : en
Pages : 801
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Book Description
This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.
Author: J.G. Murphy
Publisher: Springer Science & Business Media
ISBN: 9400994613
Category : Philosophy
Languages : en
Pages : 336
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Book Description
One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Author: Nicholas Greenwood Onuf
Publisher: Policy Press
ISBN: 1529229820
Category : Political Science
Languages : en
Pages : 282
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Book Description
This book brings together thirteen of Nicholas Onuf’s previously published yet rarely cited essays. They address topics that Onuf has puzzled over for decades, including the problem of materiality in social construction, epochal change in the modern world, and the power of language.
Author: Bradley Jay Strawser
Publisher: Oxford University Press
ISBN: 0199339791
Category : Philosophy
Languages : en
Pages : 291
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Book Description
The increased military employment of remotely operated aerial vehicles, also known as drones, has raised a wide variety of important ethical questions, concerns, and challenges. Many of these have not yet received the serious scholarly examination such worries rightly demand. This volume attempts to fill that gap through sustained analysis of a wide range of specific moral issues that arise from this new form of killing by remote control. Many, for example, are troubled by the impact that killing through the mediated mechanisms of a drone half a world away has on the pilots who fly them. What happens to concepts such as bravery and courage when a war-fighter controlling a drone is never exposed to any physical danger? This dramatic shift in risk also creates conditions of extreme asymmetry between those who wage war and those they fight. What are the moral implications of such asymmetry on the military that employs such drones and the broader questions for war and a hope for peace in the world going forward? How does this technology impact the likely successes of counter-insurgency operations or humanitarian interventions? Does not such weaponry run the risk of making war too easy to wage and tempt policy makers into killing when other more difficult means should be undertaken? Killing By Remote Control directly engages all of these issues. Some essays discuss the just war tradition and explore whether the rise of drones necessitates a shift in the ways we think about the ethics of war in the broadest sense. Others scrutinize more specific uses of drones, such as their present use in what are known as "targeted killing" by the United States. The book similarly tackles the looming prospect of autonomous drones and the many serious moral misgivings such a future portends. "A path-breaking volume! BJ Strawser, an internationally known analyst of drone ethics, has assembled a broad spectrum of civilian and military experts to create the first book devoted to this hot-button issue. This important work represents vanguard thinking on weapon systems that make headlines nearly every day. It will catalyze debates policy-makers and military leaders must have in order to preserve peace and protect the innocent. - James Cook, Department Chair/Head of Philosophy, US Air Force Academy "The use of 'drones' (remotely piloted air vehicles) in war has grown exponentially in recent years. Clearly, this evolution presages an enormous explosion of robotic vehicles in war - in the air, on the ground, and on and under the sea. This collection of essays provides an invaluable contribution to what promises to be one of the most fundamental challenges to our assumptions about ethics and warfare in at least the last century. The authors in this anthology approach the ethical challenges posed by these rapidly advancing technologies from a wide range of perspectives. Cumulatively, they represent an essential overview of the fundamental ethical issues involved in their development. This collection makes a key contribution to an urgently needed dialogue about the moral questions involved." - Martin L. Cook, Adm. James B. Stockdale Professor of Professional Military Ethics, Professor Leadership & Ethics, College of Operational & Strategic Leadership, U.S. Naval War College
Author: Evan Mandery
Publisher: Jones & Bartlett Publishers
ISBN: 1449605982
Category : Law
Languages : en
Pages : 613
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Book Description
This revised and updated second edition is an overview of capital punishment. It offers an examination of the death penalty, supported by statistics and Supreme Court cases, and followed by pro and con discussions. The book addresses every major issue relating to the death penalty including deterrence, racial impact, arbitrariness, its use on special populations, and methods of execution. This text challenges students to evaluate their beliefs and assumptions on each of the various issues surrounding this controversial subject. Each chapter begins with a primer of the issue to be discussed, followed by the data and critical documents necessary to make an educated assessment, and concludes with essays that offer differing viewpoints by some of the best minds in the country. New material added to the second edition includes: updated data on deterrence ; new data and articles on brutalization and cost ; new cases and articles on the death penalty for juveniles ; new case and articles on the death penalty for raping a child ; and a new chapter on methods of execution.
