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Author: Steven M. Eisenstat
Publisher:
ISBN:
Category :
Languages : en
Pages : 62
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Book Description
In this article I examine the legitimacy of allowing crime victims' desires for revenge to serve as a factor when imposing criminal punishment upon wrongdoers. I argue that revenge is in and of itself a value neutral emotion; an emotion which simply describes a victim's desire to get back at his victimizer. For example, if the victim wishes to mete out punishment upon a person who actually committed a criminal wrong upon him, such a desire for revenge, I suggest, is moral. Furthermore, if the punishment inflicted by the wronged party is proportional to the harm suffered, I argue that such a punishment represents a just resolution of the criminal matter. In other words, I disagree with the notion that revenge is, per se, immoral or unjust.My article then examines the historical and religious reasons why revenge justice was supplanted by State imposed justice, and concludes that it was not because of a belief in the inherent immorality of the desire for revenge, but rather, was due to the very practical concerns that revenge justice often punished the innocent, and permitted disproportionate and inequitable levels of punishment. Revenge justice also frequently created an endless and escalating level of violence which threatened, and in some cases, actually destroyed early civilizations.Based upon the above analyses, the article critically examines the traditional theories of Retribution and Utilitarianism as justifications for imposing criminal punishment, and concludes that both theories are deficient in that they fail to recognize and address the victim's interest in assuring just punishment. Similarly, the article also criticizes the notions that traditional tort remedies and restorative justice models, provide adequate venues for victim involvement and redress.The article thus concludes that victims' desires for revenge deserve to be recognized as a legitimate factor when deciding what the level of punishment should be, so long as the ultimate sentencing authority remains with the State. I then offer a number of procedural mechanisms which would enhance the level of victim participation at the sentencing phase of criminal justice proceedings, including granting victims party status at all proceedings where sentencing decisions are rendered.
Author: Steven M. Eisenstat
Publisher:
ISBN:
Category :
Languages : en
Pages : 62
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Book Description
In this article I examine the legitimacy of allowing crime victims' desires for revenge to serve as a factor when imposing criminal punishment upon wrongdoers. I argue that revenge is in and of itself a value neutral emotion; an emotion which simply describes a victim's desire to get back at his victimizer. For example, if the victim wishes to mete out punishment upon a person who actually committed a criminal wrong upon him, such a desire for revenge, I suggest, is moral. Furthermore, if the punishment inflicted by the wronged party is proportional to the harm suffered, I argue that such a punishment represents a just resolution of the criminal matter. In other words, I disagree with the notion that revenge is, per se, immoral or unjust.My article then examines the historical and religious reasons why revenge justice was supplanted by State imposed justice, and concludes that it was not because of a belief in the inherent immorality of the desire for revenge, but rather, was due to the very practical concerns that revenge justice often punished the innocent, and permitted disproportionate and inequitable levels of punishment. Revenge justice also frequently created an endless and escalating level of violence which threatened, and in some cases, actually destroyed early civilizations.Based upon the above analyses, the article critically examines the traditional theories of Retribution and Utilitarianism as justifications for imposing criminal punishment, and concludes that both theories are deficient in that they fail to recognize and address the victim's interest in assuring just punishment. Similarly, the article also criticizes the notions that traditional tort remedies and restorative justice models, provide adequate venues for victim involvement and redress.The article thus concludes that victims' desires for revenge deserve to be recognized as a legitimate factor when deciding what the level of punishment should be, so long as the ultimate sentencing authority remains with the State. I then offer a number of procedural mechanisms which would enhance the level of victim participation at the sentencing phase of criminal justice proceedings, including granting victims party status at all proceedings where sentencing decisions are rendered.
Author: Charles K. B. Barton
Publisher: Open Court Publishing
ISBN:
Category : Law
Languages : en
Pages : 208
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Book Description
"In Getting Even, Charles Barton contends that revenge can be a form of justice that is constructive and healing for our society. Our current judiciary system, he explains, denies both victims and the accused an active role in the legal proceedings and resolution of their cases, reducing them to bystanders in what is essentially their own conflict. Barton does not argue for an individual's right to take the law into his own hands, but does show that the courts should recognize the revenge motive as legitimate and rational within the rules of justice."--pub. desc.
Author: Raúl Márquez Porras
Publisher: Springer Nature
ISBN: 3030795950
Category : Law
Languages : en
Pages : 294
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Book Description
This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice—which it terms 'vindicatory'—wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace—or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue durée historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.
Author: Thane Rosenbaum
Publisher: University of Chicago Press
ISBN: 0226726614
Category : Law
Languages : en
Pages : 325
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Book Description
We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.
Author: Katherine Maynard
Publisher: Routledge
ISBN: 1136990127
Category : History
Languages : en
Pages : 229
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Book Description
In the wake of Guantanamo Bay, extraordinary renditions, and secret torture centres in Eastern Europe and elsewhere, Revenge versus Legality addresses the relationship between law and wild or vigilante justice; between the power to enforce retribution and the desire to seek revenge. Taking up a variety of narratives from the eras of Romanticism, Realism, Modernism and the Contemporary period, and including new theories to explain the interactions that occur between legalistic courtroom justice and the vigilante variety, Revenge versus Legality analyzes some of the main obstacles to justice, ranging from judicial corruption, to racism and imperialism. The book culminates in a consideration of that form of crime or lawlessness that poses the most serious threat to the rule of law: vigilante justice masquerading as legality. With its mixture of politics, literature, law, and film, this lively and accessible book offers a timely reflection on the enduring phenomenon of revenge.
Author: Steven Eistenstat
Publisher:
ISBN:
Category : Punishment
Languages : en
Pages : 56
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Book Description
Author: Derek Dunne
Publisher: Springer
ISBN: 1137572876
Category : Literary Criticism
Languages : en
Pages : 239
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Book Description
This book, the first to trace revenge tragedy's evolving dialogue with early modern law, draws on changing laws of evidence, food riots, piracy, and debates over royal prerogative. By taking the genre's legal potential seriously, it opens up the radical critique embedded in the revenge tragedies of Kyd, Shakespeare, Marston, Chettle and Middleton.
Author: Whitley R.P. Kaufman
Publisher: Springer Science & Business Media
ISBN: 9400748450
Category : Philosophy
Languages : en
Pages : 209
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Book Description
This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new “abolitionist” movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.
Author: Mark Costanzo
Publisher: Macmillan
ISBN: 9780312179458
Category : Law
Languages : en
Pages : 228
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Book Description
A professor of social psychology explores the history of execution in America, weighing its social costs, discussing its potential benefits and problems, and building a new model for understanding the politics behind the death penalty.
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.
