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Author: J.G. Murphy
Publisher: Springer Science & Business Media
ISBN: 9027709998
Category : Law
Languages : en
Pages : 280
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Book Description
One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Author: J.G. Murphy
Publisher: Springer Science & Business Media
ISBN: 9027709998
Category : Law
Languages : en
Pages : 280
Get Book Here
Book Description
One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Author: J.G. Murphy
Publisher: Springer Science & Business Media
ISBN: 9400994613
Category : Philosophy
Languages : en
Pages : 336
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Book Description
One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Author: Nicholas N. Kittrie
Publisher: Penguin Group
ISBN:
Category : Psychology
Languages : en
Pages : 482
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Book Description
Author: William R. Kelly
Publisher: Rowman & Littlefield
ISBN: 1442273895
Category : Law
Languages : en
Pages : 235
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Book Description
Over the past fifty years, American criminal justice policy has had a nearly singular focus – the relentless pursuit of punishment. Punishment is intuitive, proactive, logical, and simple. But the problem is that despite all of the appeal, logic, and common sense, punishment doesn't work. The majority of crimes committed in the United States are by people who have been through the criminal justice system before, many on multiple occasions. There are two issues that are the primary focus of this book. The first is developing a better approach than simple punishment to actually address crime-related circumstances, deficits and disorders, in order to change offender behavior, reduce recidivism, victimization and cost. And the second issue is how do we do a better job of determining who should be diverted and who should be criminally prosecuted. From Retribution to Public Safety develops a strategy for informed decision making regarding criminal prosecution and diversion. The authors develop procedures for panels of clinical experts to provide prosecutors with recommendations about diversion and intervention. This requires a substantial shift in criminal procedure as well as major reform to the public health system, both of which are discussed in detail. Rather than ask how much punishment is necessary the authors look at how we can best reduce recidivism. In doing so they develop a roadmap to fix a fundamentally flawed system that is wasting massive amounts of public resources to not reducing crime or recidivism.
Author: Ian Shapiro
Publisher: NYU Press
ISBN: 0814780555
Category : Law
Languages : en
Pages : 501
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Book Description
Contributors discuss the work of thinkers such as Cass Sunstein and Jeremy Waldron in their exploration of the relations between philosophical theories and everyday life. They elucidate major attempts to reconcile theory with practice in the Western tradition, from Herodotus to Heidegger, and discuss topics such as the role of theory in judicial decision-making and the political implication of theory. Of interest to philosophers, lawyers, and social scientists. Annotation copyright by Book News, Inc., Portland, OR
Author: Christopher Slobogin
Publisher: Oxford University Press
ISBN: 019977840X
Category : Psychology
Languages : en
Pages : 210
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Book Description
In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.
Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 1107320534
Category : Political Science
Languages : en
Pages : 323
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Book Description
The contributions in this volume offer a comprehensive analysis of transitional justice from 1945 to the present. They focus on retribution against the leaders and agents of the autocratic regime preceding the democratic transition, and on reparation to its victims. Part I contains general theoretical discussions of retribution and reparation. The essays in Part II survey transitional justice in the wake of World War II, covering Austria, Belgium, Denmark, France, Germany, Hungary, the Netherlands, and Norway. In Part III, the contributors discuss more recent transitions in Argentina, Chile, Eastern Europe, the former German Democratic Republic, and South Africa, including a chapter on the reparation of injustice in some of these transitions. The editor provides a general introduction, brief introductions to each part, and a conclusion that looks beyond regime transitions to broader issues of rectifying historical injustice.
Author: Jonathan Rothchild
Publisher: University of Virginia Press
ISBN: 0813934222
Category : Religion
Languages : en
Pages : 430
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Book Description
It is often assumed that the law and religion address different spheres of human life. Religion and ethics articulate complex systems of moral reasoning that concern norms, deliberation of ends, cultivation of disposition, and transformation of moral agency. Law, in contrast, seeks to govern human conduct through procedural justice, rights, and public good. Doing Justice to Mercy challenges this assumption by presenting the reader with an urgent conversation between the law and religion that yields a constructive approach, both theoretically and practically, to the complex role of mercy in our legal process. Authored by legal practitioners, activists, and theorists in addition to theologians and ethicists, the essays collected here are informed by timeless principles, and yet they could not be timelier. The trend in sentencing moves toward an increased severity, and the number of incarcerated people in the United States is at an all-time high. In the half-decade since 9/11, moreover, homeland security has established itself as a permanent fixture in our lives. In this atmosphere, the current volume seeks initially to clarify how justice and mercy intertwine in relation to a number of issues, such as rehabilitation, the death penalty, domestic violence, and war crimes. Exploring the legal, philosophical, and theological grounds for mercy in our courts, the discussion then moves to the practical ways in which mercy may be implemented. Contributors:Marc Mauer, The Sentencing Project * Lois Gehr Livezey, McCormick Theological Seminary * Ernie Lewis, Public Advocate, Commonwealth of Kentucky * Jonathan Rothchild, Loyola Marymount University * Albert W. Alschuler, Northwestern University School of Law * David Scheffer, Northwestern University School of Law * David Little, Harvard Divinity School * Matthew Myer Boulton, Andover Newton Theological School * Mark Lewis Taylor, Princeton Theological Seminary * Sarah Coakley, Cambridge University * William Schweiker, University of Chicago Divinity School * Kevin Jung, College of William and Mary * Peter J. Paris, Princeton Theological Seminary * W. Clark Gilpin, University of Chicago Divinity School * William C. Placher, Wabash College
Author: Dominique DuBois Gilliard
Publisher: InterVarsity Press
ISBN: 0830887733
Category : Social Science
Languages : en
Pages : 246
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Book Description
The United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Exploring the history and foundations of mass incarceration, Dominique Gilliard examines Christianity’s role in its evolution and expansion, assessing justice in light of Scripture, and showing how Christians can pursue justice that restores and reconciles.
Author: K. E. Boxer
Publisher: OUP Oxford
ISBN: 0191655791
Category : Philosophy
Languages : en
Pages : 191
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Book Description
This book explores moral responsibility, and whether it is compatible with causal determinism. Its author, K. E. Boxer, started out with deeply incompatibilist intuitions but became dissatisfied with the arguments that she and other contemporary incompatibilists marshalled in support of this view. Rethinking Responsibility has evolved out of her search for a more adequate argument. Boxer suggests that if incompatibilists are to be in a position to provide such an argument, they must shift their attention away from metaphysics and back to what H. L. A. Hart deemed the primary sense of the concept of moral responsibility, viz., the sense of liability. To say that an agent is morally responsible for an action in this sense is to say that she satisfies the necessary causal and capacity conditions for desert of certain forms of response. If incompatibilists are to show that among those conditions is a requirement for some form of ultimate responsibility incompatible with determinism, they must first clarify their understanding of moral desert and the moral responses associated with attributions of responsibility. The book examines different possible understandings of moral liability-responsibility based on different possible accounts of the nature of moral blame, the moral desert of punishment, and the relation between desert of moral blame and desert of punishment. A focal point throughout the discussion is whether, on any of the possible understandings, moral responsibility would require agents to be ultimately responsible for their actions in a way incompatible with causal determinism. Other issues discussed include what renders a defect a moral defect or a particular criticism a moral criticism, whether moral obligations are act-governing or will-governing, the connection between the moral reactive attitudes and the retributive sentiments, the relevance of the capacity to participate in ordinary interpersonal relationships, and whether it is possible to understand the moral desert of punishment in communicative terms. Boxer concludes that incompatibilists face an unenviable choice: either they must adopt an understanding of the moral desert of punishment that many find morally problematic, or they must abandon incompatibilism.
