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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: 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: 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: Elizabeth Shaw
Publisher: Cambridge University Press
ISBN: 1108661262
Category : Philosophy
Languages : en
Pages : 247
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Book Description
'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what (if any) changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism.
Author: Francis Wharton
Publisher:
ISBN:
Category : Crime
Languages : en
Pages : 108
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Book Description
Author: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674980778
Category : Philosophy
Languages : en
Pages : 241
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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. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :
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Book Description
Author: Vanessa Köneke
Publisher: GRIN Verlag
ISBN: 3640938518
Category : Psychology
Languages : en
Pages : 32
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Book Description
Seminar paper from the year 2009 in the subject Psychology - Social Psychology, grade: 1,3, University of Cologne (Institut für Wirtschafts- und Sozialpsychologie), course: Psychologie der Gerechtigkeit, language: English, abstract: It might seem like putting the cart before the horse: Unlike distributional justice, retributive justice does not deal with how to set up justice, but how to smooth out injustice. But actually every stick has two ends. So does the “cart” justice. Justice is done, when everybody gets his just deserts. And while just deserts refer to rewards on the one end – the end of distributive justice, they refer to punishment at the other end – the end of retributive justice. The issue of retributive justice arises after a wrongdoing like a crime has occurred and addresses the task of imposing an adequate sanction to the wrongdoer. Thus retribution is rather linked to reconstitute justice than to constitute it. But how exactly should the horse push? To say, how should justice be reconstituted? Giving the offender his just deserts seems to be a facile task. But what are just deserts? What are just deserts for somebody evading taxes - thereby stealing money from the state - compared to somebody stealing the savings of an old woman? What are just deserts for somebody mali-ciously burning the house of his ex-wife compared to somebody setting a house on fire be-cause he has fallen asleep while smoking? What are just deserts for a killing soldier compared to a killing civilian? Or what are just deserts for a husband burgling a pharmacy to get some exorbitant expensive medicine for his wife? And even if we individually know the answers to those questions: Would our answers be the same as the answers of our neighbor, our wife, or our best friend? And would they be the same in Germany and in the USA, Russia or Somalia? Many scientists have looked upon the issue. But while philosophers and jurists focus on normative questions, psychologists focus on descriptions. They do not make implications on what should be just, but about what humans experience to be just.
Author: Gregg D. Caruso
Publisher: Cambridge University Press
ISBN: 1108484700
Category : Law
Languages : en
Pages : 401
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Book Description
Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Author: Christopher D. Marshall
Publisher: Wm. B. Eerdmans Publishing
ISBN: 9780802847973
Category : Christianity and justice
Languages : en
Pages : 372
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Book Description
Recently a growing number of Christians have actively promoted the concept of "restorative justice" and attempted to develop programs for dealing with crime based on restorative principles. But is this approach truly consistent with the teaching of Scripture? To date, very little has been done to test this claim. Beyond Retribution fills a gap by plumbing the New Testament on the topics of crime, justice, and punishment. Christopher Marshall first explores the problems involved in applying ethical teachings from the New Testament to mainstream society. He then surveys the extent to which the New Testament addresses criminal justice issues, looking in particular at the concept of the justice of God in the teachings of Paul and Jesus. He also examines the topic of punishment, reviewing the debate in social thinking over the ethics and purpose of punishment -- including capital punishment -- and he advocates a new concept of "restorative punishment." The result of this engaging work is a biblically based challenge to imitate the way of Christ in dealing with both victims and offenders. - Publisher
Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624
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Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
