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Author: O. Lee
Publisher: Springer Science & Business Media
ISBN: 9401024383
Category : Law
Languages : en
Pages : 283
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Book Description
XIV Seen as a whole, however, I regard the work before us to be especially noteworthy precisely because of its illumination of both the social contexts surrounding the law and the ideas which underlie the efforts towards criminal law reform. An analysis of this kind has not appeared until now, to my knowledge, even in the German literature on the subject, so that this book is of great value to ·the German reader as well as the American. B. Particulars In Chapter IV: A the authors give a general introduction into the development of the German criminal law reform. In that connection they recognize the special role of the Christian Democratic (CDU), Socialist (SPD) coalition in the political situation [leading to passage of the reform law]. The authors emphasize the importance of the introduction of a uniform prison sentence [that is to say ·the termination of the distinction between kinds of prison sentences] and the elimination of short term prison sentences, as the main points of the reform in the "general part" of the code. They remark (pages 170; 192) that a uniform concept of the goal of punishment is still lacking, although, when all is said, there is a general agreement on the principle of resocialization.
Author: O. Lee
Publisher: Springer Science & Business Media
ISBN: 9401024383
Category : Law
Languages : en
Pages : 283
Get Book Here
Book Description
XIV Seen as a whole, however, I regard the work before us to be especially noteworthy precisely because of its illumination of both the social contexts surrounding the law and the ideas which underlie the efforts towards criminal law reform. An analysis of this kind has not appeared until now, to my knowledge, even in the German literature on the subject, so that this book is of great value to ·the German reader as well as the American. B. Particulars In Chapter IV: A the authors give a general introduction into the development of the German criminal law reform. In that connection they recognize the special role of the Christian Democratic (CDU), Socialist (SPD) coalition in the political situation [leading to passage of the reform law]. The authors emphasize the importance of the introduction of a uniform prison sentence [that is to say ·the termination of the distinction between kinds of prison sentences] and the elimination of short term prison sentences, as the main points of the reform in the "general part" of the code. They remark (pages 170; 192) that a uniform concept of the goal of punishment is still lacking, although, when all is said, there is a general agreement on the principle of resocialization.
Author: Donald Black
Publisher: Oxford University Press
ISBN: 0199831602
Category : Social Science
Languages : en
Pages : 304
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Book Description
Conflict is ubiquitous and inevitable, but people generally dislike it and try to prevent or avoid it as much as possible. So why do clashes of right and wrong occur? And why are some more serious than others? In Moral Time, sociologist Donald Black presents a new theory of conflict that provides answers to these and many other questions. The heart of the theory is a completely new concept of social time. Black claims that the root cause of conflict is the movement of social time, including relational, vertical, and cultural time--changes in intimacy, inequality, and diversity. The theory of moral time reveals the causes of conflict in all human relationships, from marital and other close relationships to those between strangers, ethnic groups, and entire societies. Moreover, the theory explains the origins and clash of right and wrong not only in modern societies but across the world and across history, from conflict concerning sexual behavior such as rape, adultery, and homosexuality, to bad manners and dislike in everyday life, theft and other crime, racism, anti-Semitism, anti-Americanism, witchcraft accusations, warfare, heresy, obscenity, creativity, and insanity. Black concludes by explaining the evolution of conflict and morality across human history, from the tribal to the modern age. He also provides surprising insights into the postmodern emergence of the right to happiness and the expanding rights of humans and non-humans across the world. Moral Time offers an incisive, powerful, and radically new understanding of human conflict--a fundamental and inescapable feature of social life.
Author: Boutellier, Hans
Publisher: Bristol University Press
ISBN: 152920383X
Category : Social Science
Languages : en
Pages : 192
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Book Description
Moral order is disturbed by criminal events. However, in a secularized and networked society a common moral ground is increasingly hard to find. People feel confused about the bigger issues of our time such as crime, anti-social behaviour, Islamist radicalism, sexual harassment and populism. Traditionally, issues around morality have been neglected by criminologists. Through theory, case studies and discussion, this book sheds a new and topical light on these concerns. Using the moral perspective, Boutellier bridges the gap between people’s emotional opinions on crime, and criminologists' rationalized answers to questions of crime and security.
Author: Victor Tadros
Publisher: Oxford University Press, USA
ISBN: 0199554420
Category : Law
Languages : en
Pages : 385
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Book Description
How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.
Author: Vincent Chiao
Publisher:
ISBN: 0190273941
Category : Law
Languages : en
Pages : 289
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Book Description
Criminal law as public law 1: context -- Criminal law as public law 2: structure -- Criminal law as public law 3: content -- Mass incarceration and the theory of punishment -- Criminal law in the age of the administrative state -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment
Author: Patrick Devlin
Publisher: Amagi Books
ISBN: 9780865978058
Category : Law
Languages : en
Pages : 0
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Book Description
Are morals always relative? Are private actions--among consenting adults-- always beyond the law? Or are there some behaviors which so weaken a society that common beliefs about right and wrong must be enforced to protect the common good? In opposing the decriminalization of private acts of homosexuality in Britain, Patrick Devlin maintained that not only is it reasonable to allow popular morality to influence lawmaking, it is imperative: " . . . For a society is not something that is kept together physically; it is held by the invisible bonds of common thought." Today, as divisive issues such as same-sex marriage and "don't ask, don't tell" confront our legislative, judicial, and executive branches, the views expressed by Devlin in The Enforcement of Morals resonate and reverberate anew. Patrick Devlin (1905-1992) studied history and law at Cambridge University and became a successful lawyer.
Author: A. P. Simester
Publisher:
ISBN: 0198853149
Category : Law
Languages : en
Pages : 537
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Book Description
This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.
Author: Richard Weisman
Publisher: Routledge
ISBN: 1317055098
Category : Social Science
Languages : en
Pages : 158
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Book Description
Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.
Author: Richard L. Lippke
Publisher: Oxford University Press
ISBN: 0190469196
Category : Law
Languages : en
Pages : 289
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Book Description
Taming the Presumption of Innocence provides a comprehensive account of the presumption of innocence in criminal law and procedure. It maintains that the presumption is a vital component of the proof structure of criminal trials.
Author: Joel Feinberg
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 452
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Book Description
N this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the magnitude, probability, risk, and "importance" of harm.
