Why Punish? How Much?

Why Punish? How Much? PDF Author: Michael H. Tonry
Publisher:
ISBN: 019532885X
Category : Social Science
Languages : en
Pages : 452

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Book Description
Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.

A Reader on Punishment

A Reader on Punishment PDF Author: Antony Duff
Publisher: Oxford University Press, USA
ISBN: 9780198763536
Category : Foreign Language Study
Languages : en
Pages : 351

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Book Description
Why we punish, who we punish, and how we punish are central elements of any discussion of the role of law in modern society. In this impressive collection, two leading experts on the theory of punishment have selected a range of articles which have made important and influential contributions to the way in which punishment is understood in contemporary society. The collection is prefaced by an original introduction written by the two editors, in which key concepts are identified. Each article is also prefaced by a short introduction setting out the issues to be discussed. Throughout the book the aim of the editors is to demonstrate that normative and empirical questions about punishment are deeply interrelated, and to show the importance of an interdisciplinary approach to understanding this vital social institution.

The Behavioral Code

The Behavioral Code PDF Author: Benjamin van Rooij
Publisher: Beacon Press
ISBN: 0807049093
Category : Social Science
Languages : en
Pages : 314

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Book Description
A 2022 PROSE Award finalist in Legal Studies and Criminology A 2022 American Bar Association Silver Gavel Award Finalist A Behavioral Scientist’s Notable Book of 2021 Freakonomics for the law—how applying behavioral science to the law can fundamentally change and explain misbehavior Why do most Americans wear seatbelts but continue to speed even though speeding fines are higher? Why could park rangers reduce theft by removing “no stealing” signs? Why was a man who stole 3 golf clubs sentenced to 25 years in prison? Some laws radically change behavior whereas others are consistently ignored and routinely broken. And yet we keep relying on harsh punishment against crime despite its continued failure. Professors Benjamin van Rooij and Adam Fine draw on decades of research to uncover the behavioral code: the root causes and hidden forces that drive human behavior and our responses to society’s laws. In doing so, they present the first accessible analysis of behavioral jurisprudence, which will fundamentally alter how we understand the connection between law and human behavior. The Behavioral Code offers a necessary and different approach to battling crime and injustice that is based in understanding the science of human misconduct—rather than relying on our instinctual drive to punish as a way to shape behavior. The book reveals the behavioral code’s hidden role through illustrative examples like: • The illusion of the US’s beloved tax refund • German walls that “pee back” at public urinators • The $1,000 monthly “good behavior” reward that reduced gun violence • Uber’s backdoor “Greyball” app that helped the company evade Seattle’s taxi regulators • A $2.3 billion legal settlement against Pfizer that revealed how whistleblower protections fail to reduce corporate malfeasance • A toxic organizational culture playing a core role in Volkswagen’s emissions cheating scandal • How Peter Thiel helped Hulk Hogan sue Gawker into oblivion Revelatory and counterintuitive, The Behavioral Code catalyzes the conversation about how the law can effectively improve human conduct and respond to some of our most pressing issues today, from police misconduct to corporate malfeasance.

Why Punish? How Much?

Why Punish? How Much? PDF Author: Michael H. Tonry
Publisher:
ISBN: 019532885X
Category : Social Science
Languages : en
Pages : 452

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Book Description
Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.

Punishment and Modern Society

Punishment and Modern Society PDF Author: David Garland
Publisher: University of Chicago Press
ISBN: 0226922502
Category : Law
Languages : en
Pages : 321

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Book Description
In this path-breaking book, David Garland argues that punishment is a complex social institution that affects both social relations and cultural meanings. Drawing on theorists from Durkheim to Foucault, he insightfully critiques the entire spectrum of social thought concerning punishment, and reworks it into a new interpretive synthesis. "Punishment and Modern Society is an outstanding delineation of the sociology of punishment. At last the process that is surely the heart and soul of criminology, and perhaps of sociology as well—punishment—has been rescued from the fringes of these 'disciplines'. . . . This book is a first-class piece of scholarship."—Graeme Newman, Contemporary Sociology "Garland's treatment of the theorists he draws upon is erudite, faithful and constructive. . . . Punishment and Modern Society is a magnificent example of working social theory."—John R. Sutton, American Journal of Sociology "Punishment and Modern Society lifts contemporary penal issues from the mundane and narrow contours within which they are so often discussed and relocates them at the forefront of public policy. . . . This book will become a landmark study."—Andrew Rutherford, Legal Studies "This is a superbly intelligent study. Its comprehensive coverage makes it a genuine review of the field. Its scholarship and incisiveness of judgment will make it a constant reference work for the initiated, and its concluding theoretical synthesis will make it a challenge and inspiration for those undertaking research and writing on the subject. As a state-of-the-art account it is unlikely to be bettered for many a year."—Rod Morgan, British Journal of Criminology Winner of both the Outstanding Scholarship Award of the Crime and Delinquency Division of the Society for the Study of Social Problems and the Distinguished Scholar Award from the American Sociological Association's Crime, Law, and Deviance Section

Thinking about Punishment

Thinking about Punishment PDF Author: Michael H. Tonry
Publisher: Routledge
ISBN: 9780754629054
Category : Criminal justice, Administration of
Languages : en
Pages : 0

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Book Description
This collection of Michael Tonry's key writings on penal policy and criminal justice brings together three clusters of topics not usually treated together: penal policy trends in western countries, racial and ethnic disparities, and sentencing policies, practices, and theories. Recent research in the past few decades has shown that these topics are inextricably interrelated.

Thinking about Punishment

Thinking about Punishment PDF Author: Michael Tonry
Publisher: Routledge
ISBN: 9781138378575
Category :
Languages : en
Pages : 554

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Book Description
Thinking about Punishment pulls together the key writings by Michael Tonry on penal policy trends in western countries, racial and ethnic disparities, and sentencing policies, practices, and theories. Recent research in the past few decades shows that these topics are inextricably interrelated. Tonry argues that the distinct historical and cultural characteristics of a country offer the best explanation of national patterns of punishment at any one time, and over time. More general theories and models fall apart when applied to individual national experiences. In the United States, the key factors explaining both penal policy trends and sentencing patterns and policies include historical patterns of race relations, obsolete constitutional arrangements, moral attitudes related to the continental expansion of the United States and the country's fundamentalist Protestant religious origins. Comparable - but different - characteristics explain other countries' experiences. This excellent collection of Michael Tonry's work is essential reading for anyone interested in penal policy and criminal justice.

Punishment Without Crime

Punishment Without Crime PDF Author: Alexandra Natapoff
Publisher: Basic Books
ISBN: 0465093809
Category : Law
Languages : en
Pages : 320

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Book Description
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018

Sentencing Law and Policy

Sentencing Law and Policy PDF Author: Nora V. Demleitner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 858

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Book Description
Four leading sentencing scholars have produced the first and only text with enough up-to-date material to support a full course or seminar on sentencing. Other texts offer only partial coverage or out-of-date examples. The chapters in Sentencing Law and Policy: Cases, Statutes, and Guidelines present examples from three distinct types of sentencing guideline-determinate, and capital. The materials draw on the full spectrum of legal institutions, from the U.S. Supreme Court To The state court level, with close consideration of the role of legislatures and sentencing commissions. The only current, full-course text on sentencing, this new title offers: an 'intuitive', conceptually-based organization that looks at the essential substantative components and procedural steps following the sequence of decisions that typically occurs in every criminal sentencing examples covering three distinct areas of sentencing, with chapter materials based on guideline-determinate, indeterminate, and capital sentencing materials from a range of institutions, including decision from the U.S. Supreme Court, state high courts, federal appellate courts, and some foreign jurisdictions - along with statutes and guideline provisions, and reports from various sentencing commissions and agencies in-text notes on sentencing policies that explain common practices in U.S. jurisdictions, then ask students to compare different institutional practices and consider the relationship between sentencing rules, politics, And The broader aims of criminal justice

Crime and Punishment

Crime and Punishment PDF Author: Hyman Gross
Publisher: Oxford University Press
ISBN: 0199644713
Category : Law
Languages : en
Pages : 238

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Book Description
Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.

An Essay on Crimes and Punishments

An Essay on Crimes and Punishments PDF Author: Cesare Beccaria
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776382
Category : Criminal justice, Administration of
Languages : en
Pages : 274

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Book Description
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.