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Author: Mark R. Reiff
Publisher: Cambridge University Press
ISBN: 9781139446211
Category : Philosophy
Languages : en
Pages : 284
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Book Description
This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.
Author: Mark R. Reiff
Publisher: Cambridge University Press
ISBN: 9781139446211
Category : Philosophy
Languages : en
Pages : 284
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Book Description
This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.
Author: Igor Primoratz
Publisher: Prometheus Books
ISBN: 159102983X
Category : Law
Languages : en
Pages : 210
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Book Description
While the philosophy of punishment is dominated by utilitarian and "mixed" theories, this study, written in the analytic tradition but also drawing on the views of Hegel, argues for a purely retributive view: all the main questions facing a theory of punishment are answered in terms of justice and desert, without any concessions to social expediency.
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: Elise Bant
Publisher: Bloomsbury Publishing
ISBN: 1509939172
Category : Law
Languages : en
Pages : 448
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Book Description
Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
Author: Leo Zaibert
Publisher: Ashgate Publishing, Ltd.
ISBN: 0754623890
Category : Law
Languages : en
Pages : 238
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Book Description
Punishment is a phenomenon which occurs in many contexts. Discussions of punishment assume punishment is criminal punishment carried out by the State. This book contains an account of punishment which overcomes the difficulties of competing accounts and treats punishment comprehensibly to better understand how it differs from similar phenomena, discussing its justification fruitfully.
Author: Herbert Lionel Adolphus Hart
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
This collection of essays represents the main contribution made by H.L.A. Hart in the last ten years to the theory of punishment and the critical study of legal criteria of responsibility.
Author: Alan Brudner
Publisher: OUP Oxford
ISBN: 0191633283
Category : Law
Languages : en
Pages : 357
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Book Description
This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
Author: Stephen Schafer
Publisher: Patterson Smith Publishing Corporation
ISBN:
Category : Reparation (Criminal justice)
Languages : en
Pages : 244
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Book Description
First edition published in 1960 under title : Restitution to victims of crime.
Author: Thom Brooks
Publisher: Routledge
ISBN: 1315527758
Category : Law
Languages : en
Pages : 242
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Book Description
Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 718
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Book Description
