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Author: Ferdinand David Schoeman
Publisher: Cambridge University Press
ISBN: 9780521339513
Category : Philosophy
Languages : en
Pages : 370
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Book Description
An examination of the responsibility individuals have for their actions and characters.
Author: Ferdinand David Schoeman
Publisher: Cambridge University Press
ISBN: 9780521339513
Category : Philosophy
Languages : en
Pages : 370
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Book Description
An examination of the responsibility individuals have for their actions and characters.
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: Michael H. Tonry
Publisher:
ISBN: 0195320506
Category : Law
Languages : en
Pages : 257
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Book Description
Philosophy and Policy : Doing Justice -- Human Dignity -- Proportionality -- Social Disadvantage -- Multiple Offenses -- Preventing Crime -- Deterrence -- Prediction and Incapacitation : Moving Forward -- Doing Justice Better.
Author: Meda Chesney-Lind
Publisher: The New Press
ISBN: 1595587365
Category : Law
Languages : en
Pages : 370
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Book Description
In a series of newly commissioned essays from the leading scholars and advocates in criminal justice, Invisible Punishment explores, for the first time, the far-reaching consequences of our current criminal justice policies. Adopted as part of “get tough on crime” attitudes that prevailed in the 1980s and '90s, a range of strategies, from “three strikes” and “a war on drugs,” to mandatory sentencing and prison privatization, have resulted in the mass incarceration of American citizens, and have had enormous effects not just on wrong-doers, but on their families and the communities they come from. This book looks at the consequences of these policies twenty years later.
Author: Leo Zaibert
Publisher: Routledge
ISBN: 131707324X
Category : Law
Languages : en
Pages : 237
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Book Description
Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
Author: Leo Zaibert
Publisher: Cambridge University Press
ISBN: 110867660X
Category : Philosophy
Languages : en
Pages : 278
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Book Description
The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions.
Author: Matthew Altman
Publisher: Routledge
ISBN: 1000379345
Category : Law
Languages : en
Pages : 225
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Book Description
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
Author: Richard S. Frase
Publisher: Oxford University Press, USA
ISBN: 0199757860
Category : Law
Languages : en
Pages : 297
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Book Description
This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.
Author: Matthew H. Kramer
Publisher: Oxford University Press
ISBN: 0199642184
Category : Law
Languages : en
Pages : 370
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Book Description
Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.
Author: Andreas von Hirsch
Publisher: Bloomsbury Publishing
ISBN: 1509902678
Category : Law
Languages : en
Pages : 217
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Book Description
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
