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Author: William Wringe
Publisher: Springer
ISBN: 1137357126
Category : Philosophy
Languages : en
Pages : 188
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Book Description
This book argues that punishment's function is to communicate a message about an offenders' wrongdoing to society at large. It discusses both 'paradigmatic' cases of punishment, where a state punishes its own citizens, and non-paradigmatic cases such as the punishment of corporations and the punishment of war criminals by international tribunals.
Author: William Wringe
Publisher: Springer
ISBN: 1137357126
Category : Philosophy
Languages : en
Pages : 188
Get Book
Book Description
This book argues that punishment's function is to communicate a message about an offenders' wrongdoing to society at large. It discusses both 'paradigmatic' cases of punishment, where a state punishes its own citizens, and non-paradigmatic cases such as the punishment of corporations and the punishment of war criminals by international tribunals.
Author: William Wringe
Publisher: Palgrave Macmillan
ISBN: 9781349553402
Category : Philosophy
Languages : en
Pages : 188
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Book Description
This book argues that punishment's function is to communicate a message about an offenders' wrongdoing to society at large. It discusses both 'paradigmatic' cases of punishment, where a state punishes its own citizens, and non-paradigmatic cases such as the punishment of corporations and the punishment of war criminals by international tribunals.
Author: William Wringe
Publisher: Springer
ISBN: 1137357126
Category : Philosophy
Languages : en
Pages : 188
Get Book
Book Description
This book argues that punishment's function is to communicate a message about an offenders' wrongdoing to society at large. It discusses both 'paradigmatic' cases of punishment, where a state punishes its own citizens, and non-paradigmatic cases such as the punishment of corporations and the punishment of war criminals by international tribunals.
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: Richard H. McAdams
Publisher: Harvard University Press
ISBN: 0674967208
Category : Law
Languages : en
Pages : 335
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Book Description
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics
Author: Christopher Bennett
Publisher: Cambridge University Press
ISBN: 9780521174008
Category : Philosophy
Languages : en
Pages : 0
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Book Description
Christopher Bennett presents a theory of punishment grounded in the practice of apology, and in particular in reactions such as feeling sorry and making amends. He argues that offenders have a 'right to be punished' - that it is part of taking an offender seriously as a member of a normatively demanding relationship (such as friendship or collegiality or citizenship) that she is subject to retributive attitudes when she violates the demands of that relationship. However, while he claims that punishment and the retributive attitudes are the necessary expression of moral condemnation, his account of these reactions has more in common with restorative justice than traditional retributivism. He argues that the most appropriate way to react to crime is to require the offender to make proportionate amends. His book is a rich and intriguing contribution to the debate over punishment and restorative justice.
Author: Florian Jeßberger
Publisher: Cambridge University Press
ISBN: 1108475140
Category : Law
Languages : en
Pages : 411
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Book Description
Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.
Author: Wesley Cragg
Publisher: Franz Steiner Verlag
ISBN: 9783515060295
Category : Law
Languages : en
Pages : 178
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Book Description
Retributivism is currently a keenly debated theory of punishment. In this volume, the contributors explore its various dimensions including its implications for sentencing and evaluate it against utilitarian options. Content: Jean Hampton: An Expressive Theory of Retribution u Brian Slattery: The Myth of Retributive Justice u Tim Dare: Retributivism, Punishment and Public Values u Anthony Duff: Alternatives to Punishment - or Alternative Punishments u Jerome Bickenbach: Duff on Non-Custodial Punishment u Sandra Marshall: Harm and Punishment in the Community. (Franz Steiner 1992)
Author: Chaim N. Saiman
Publisher: Princeton University Press
ISBN: 0691210853
Category : Philosophy
Languages : en
Pages : 312
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Book Description
How the rabbis of the Talmud transformed Jewish law into a way of thinking and talking about everything Typically translated as "Jewish law," halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim the study of halakhah is a holy endeavor that brings a person closer to God—a claim no country makes of its law. Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. Guiding readers across two millennia of richly illuminating perspectives, this panoramic book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.
Author: Mark D. White
Publisher: Oxford University Press
ISBN: 0199752230
Category : Law
Languages : en
Pages : 270
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Book Description
The contributors offer analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than deterrence, rehabilitation, or vengeance.
