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Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
ISBN: 364232388X
Category : Law
Languages : en
Pages : 249
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Book Description
Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
ISBN: 364232388X
Category : Law
Languages : en
Pages : 249
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Book Description
Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Author:
Publisher: FurPlanet Productions
ISBN: 9781614505167
Category :
Languages : en
Pages :
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Book Description
Author: Lily L. Tsai
Publisher: Cambridge University Press
ISBN: 1108897673
Category : Political Science
Languages : en
Pages : 291
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Book Description
Against the backdrop of rising populism around the world and democratic backsliding in countries with robust, multiparty elections, this book asks why ordinary people favor authoritarian leaders. Much of the existing scholarship on illiberal regimes and authoritarian durability focuses on institutional explanations, but Tsai argues that, to better understand these issues, we need to examine public opinion and citizens' concerns about retributive justice. Government authorities uphold retributive justice - and are viewed by citizens as fair and committed to public good - when they affirm society's basic values by punishing wrongdoers who act against these values. Tsai argues that the production of retributive justice and moral order is a central function of the state and an important component of state building. Drawing on rich empirical evidence from in-depth fieldwork, original surveys, and innovative experiments, the book provides a new framework for understanding authoritarian resilience and democratic fragility.
Author: A. John Simmons
Publisher: Princeton University Press
ISBN: 0691241856
Category : Philosophy
Languages : en
Pages : 348
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Book Description
The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag.
Author: Stephen B. Klein
Publisher: SAGE
ISBN: 1412956528
Category : Education
Languages : en
Pages : 545
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Book Description
Known for its uncompromising academic rigor and easy-to-read style and format, Klein: Learning: Principles and Applications is now in its Fifth Edition. Over the past four editions, this text has received unending praise for its accessible and thorough coverage of both classic and current studies of animal and human research. Concepts and theories are introduced within the framework of highly effective pedagogical elements, such as: chapter-opening vignettes, "Before You Go On" checkpoints, application boxes, chapter summaries, and critical thinking questions. In this new edition, the content has been updated and reorganized to reflect changes in the field, the pedagogical features have been strengthened and highlighted to continue to help students better comprehend the subject matter, and the ancillaries are all new. Key Features Chapter Opening Vignettes, and real-world examples peppered through the text, engage the reader on a personal level. Before You Go On bulleted questions emphasize mastery of key concepts throughout every chapter. End-of-chapter Critical Thinking questions help students integrate and apply chapter material. Coverage of Biological Influences on learning and memory outshines other texts. NEW! Theories of Learning and Applications are now presented in the same chapters for better continuity. NEW! A special focus on Cognition reflects new directions in the field. This text is accompanied by robust ancillaries! The Companion Student Study Site includes e-Flashcards, study quizzes, Web resources and exercises. Also included are SAGE journal articles with critical thinking questions so students can review original research that relates to the material in their textbook. Go to http://www.sagepub.com/klein5study/ to view the site. The Instructor's Resources (on CD-ROM) is available to adopters of the textbook. It includes PowerPoint slides, a computerized test bank with multiple-choice, true/false, and short answer/essay questions, suggested exercises, Web resources, and more. Contact Customer Care at 800-818-7243 for your copy.
Author: David D. Friedman
Publisher: Princeton University Press
ISBN: 1400823471
Category : Law
Languages : en
Pages : 339
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Book Description
What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting. Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well. This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.
Author: J. Angelo Corlett
Publisher: Springer Science & Business Media
ISBN: 9400707762
Category : Law
Languages : en
Pages : 274
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Book Description
This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new retributivism defended therein. Finally, chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”—John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside.
Author: Nicola Lacey
Publisher: Routledge
ISBN: 1134838018
Category : Philosophy
Languages : en
Pages : 237
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Book Description
Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
Author: David Lubar
Publisher: Millbrook Press ™
ISBN: 1467731463
Category : Juvenile Fiction
Languages : en
Pages : 48
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Book Description
Logan and his friend Benedict run into the wrong guy at the library―literally. When Logan slams into the reference guy in the basement and gives him a little lip, Logan gets punished, really and truly punished. He has three days to complete three tasks before Professor Wordsworth will lift the magical punishment that keeps getting Logan in even more trouble.
Author: Robert A. Ferguson
Publisher: Yale University Press
ISBN: 0300230834
Category : Law
Languages : en
Pages : 283
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Book Description
A radical rethinking of prisons and their purpose
