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Author: A.W. Norrie
Publisher: Springer Science & Business Media
ISBN: 9400906994
Category : Philosophy
Languages : en
Pages : 239
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Book Description
This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.
Author: A.W. Norrie
Publisher: Springer Science & Business Media
ISBN: 9400906994
Category : Philosophy
Languages : en
Pages : 239
Get Book Here
Book Description
This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.
Author: Matthew B. Robinson
Publisher:
ISBN: 9781611636352
Category : Political Science
Languages : en
Pages : 256
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Book Description
Criminal Injustice examines the influence of politics and ideology on criminal justice practice. Politics refers to governing decisions about how to deal with social problems and distribute resources in society, and ideology means the beliefs and values that guide political decisions and underlie our societal institutions. The book clearly illustrates that criminal justice practice is directly and meaningfully impacted by politics and ideology, beginning with law-making. The main argument of Criminal Injustice is that politics and ideology distort America's ideal goals of crime control and due process, oftentimes resulting in ineffective and unfair criminal justice policies. That is, politics and ideology distort the ideals of Americans found in the Declaration of Independence and the U.S. Constitution. In the book, the author demonstrates how this is true and he argues that the main problem with criminal justice practice is that it does not target the most harmful acts in America; instead it focuses heavily only on a handful of harmful acts committed by certain groups of people under certain circumstances. This occurs because of who makes the law and who pays for it; these people create laws and policies that benefit them and their financial backers rather than ''the people'' more generally. Further, media coverage of crime and criminal justice reinforces myths of crime (including who is dangerous and who is not) which helps maintain the focus of criminal justice agencies on street crime rather than on other forms of harmful behavior that actually cause far more damage to society.
Author: Peter J. Benekos
Publisher: Routledge
ISBN: 1317523474
Category : Political Science
Languages : en
Pages : 386
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Book Description
This book reviews concepts, information and points of view that help to explain the context and constraints of the criminal justice system. The chapters summarize developments in public policy and crime control, and interweave themes central to the discussion: the impact of ideology, the role of the media, and the politicization of crime and criminal justice.
Author: Jeffrey Reiman
Publisher: Routledge
ISBN: 131734295X
Category : Social Science
Languages : en
Pages : 296
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Book Description
Illustrates the issue of economic inequality within the American justice system. The best-selling text, The Rich Get Richer and the Poor Get Prison contends that the criminal justice system is biased against the poor from start to finish. The authors argue that even before the process of arrest, trial, and sentencing, the system is biased against the poor in what it chooses to treat as crime. The authors show that numerous acts of the well-off--such as their refusal to make workplaces safe, refusal to curtail deadly pollution, promotion of unnecessary surgery, and prescriptions for unnecessary drugs--cause as much harm as the acts of the poor that are treated as crimes. However, the dangerous acts of the well-off are almost never treated as crimes, and when they are, they are almost never treated as severely as the crimes of the poor. Not only does the criminal justice system fail to protect against the harmful acts of well-off people, it also fails to remedy the causes of crime, such as poverty. This results in a large population of poor criminals in our prisons and in our media. The authors contend that the idea of crime as a work of the poor serves the interests of the rich and powerful while conveying a misleading notion that the real threat to Americans comes from the bottom of society rather than the top. Learning Goals Upon completing this book, readers will be able to: Examine the criminal justice system through the lens of the poor. Understand that much of what goes on in the criminal justice system violates one’s own sense of fairness. Morally evaluate the criminal justice system’s failures. Identify the type of legislature that is biased against the poor.
Author: Malcolm Jorgensen
Publisher: Cambridge University Press
ISBN: 1108481434
Category : Law
Languages : en
Pages : 303
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Book Description
Demonstrates American legal policymakers hold competing conceptions of the 'international rule of law' structured by foreign policy ideologies.
Author: Stephen Skinner
Publisher: Bloomsbury Publishing
ISBN: 1509910824
Category : Law
Languages : en
Pages : 513
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Book Description
With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
Author: Lawrence Baum
Publisher: Princeton University Press
ISBN: 0691175527
Category : Political Science
Languages : en
Pages : 283
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Book Description
Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.
Author: Michael H. Tonry
Publisher: Routledge
ISBN: 1843920638
Category : Law
Languages : en
Pages : 178
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Book Description
The Labour government has embarked upon a root-and-branch remaking of the criminal justice system in England and Wales, with a mass of new legislation and constant high profile for criminal justice issues. This text explores the origins and wider implications of these policy developments.
Author: Daniel P. Mears
Publisher: Cambridge University Press
ISBN: 110716169X
Category : Law
Languages : en
Pages : 325
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Book Description
This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.
Author: John Wright
Publisher: Routledge
ISBN: 1317298845
Category : Social Science
Languages : en
Pages : 151
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Book Description
Conservative Criminology serves as an important counterpoint to virtually every other academic text on crime. Hundreds of books have been written about crime and criminal justice policy from a variety of perspectives, including Marxist, liberal, progressive, feminist, radical, and post-modernist. To date, however, no book has been written outlining a conservative perspective on crime and criminal justice policy. Not a polemic against liberalism, Conservative Criminology nonetheless focuses on how liberal ideology affects the study of crime and criminals and the policies that criminologist advocate. Wright and DeLisi, both senior scholars, give a voice to a major political philosophy—a philosophy often demonized by academics—and to conservatives in the academic world. In the end, Conservative Criminology calls for an investment in intellectual diversity, a respect for varying political philosophies, and a renewed commitment to honesty in scholarship. The authors encourage debate in the profession about the proper role of ideology in the academy and in public policies on crime and justice. Conservative Criminology is for the criminal justice professional and student. It serves as a stimulating supplement to courses in criminology and criminal justice, as well as a primary text for special issues or capstone courses. This book supports the reader in recognizing ideological biases, whatever they might be, and in considering their own convictions.
