Punishment and Responsibility PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Punishment and Responsibility PDF full book. Access full book title Punishment and Responsibility by H. L. A. Hart. Download full books in PDF and EPUB format.
Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191021776
Category : Law
Languages : en
Pages : 336
Get Book
Book Description
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191021776
Category : Law
Languages : en
Pages : 336
Get Book
Book Description
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
Author: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674980778
Category : Philosophy
Languages : en
Pages : 241
Get Book
Book Description
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.
Author: Rowan Cruft
Publisher: Oxford University Press
ISBN: 0191621641
Category : Law
Languages : en
Pages : 408
Get Book
Book Description
For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.
Author: Ferdinand David Schoeman
Publisher: Cambridge University Press
ISBN: 9780521339513
Category : Philosophy
Languages : en
Pages : 370
Get Book
Book Description
An examination of the responsibility individuals have for their actions and characters.
Author: Gideon Yaffe
Publisher: Oxford University Press
ISBN: 019880332X
Category : Law
Languages : en
Pages : 252
Get Book
Book Description
Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.
Author: Gregg D. Caruso
Publisher: Cambridge University Press
ISBN: 1108484700
Category : Law
Languages : en
Pages : 401
Get Book
Book Description
Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Author: Michael J. Zimmerman
Publisher: Broadview Press
ISBN: 1554810558
Category : Philosophy
Languages : en
Pages : 197
Get Book
Book Description
In The Immorality of Punishment Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into practice alternative means of preventing crime and promoting social stability.
Author: Alf Ross
Publisher: Univ of California Press
ISBN: 9780520027176
Category : Law
Languages : en
Pages : 204
Get Book
Book Description
Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.
Author: Herbert Lionel Adolphus Hart
Publisher:
ISBN:
Category : Criminal liability
Languages : en
Pages : 277
Get Book
Book Description
Author: Thomas A. Nadelhoffer
Publisher: Oxford University Press
ISBN: 019977935X
Category : Philosophy
Languages : en
Pages : 310
Get Book
Book Description
Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility. While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.
