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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: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674980778
Category : Philosophy
Languages : en
Pages : 241
Get Book Here
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: 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 S. Moore
Publisher:
ISBN: 0199599491
Category : Criminal law
Languages : en
Pages : 873
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Book Description
This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.
Author: Michael Javen Fortner
Publisher: Harvard University Press
ISBN: 0674743997
Category : History
Languages : en
Pages : 365
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Book Description
Often seen as a political sop to the racial fears of white voters, aggressive policing and draconian sentencing for illegal drug possession and related crimes have led to the imprisonment of millions of African Americans—far in excess of their representation in the population as a whole. Michael Javen Fortner shows in this eye-opening account that these punitive policies also enjoyed the support of many working-class and middle-class blacks, who were angry about decline and disorder in their communities. Black Silent Majority uncovers the role African Americans played in creating today’s system of mass incarceration. Current anti-drug policies are based on a set of controversial laws first adopted in New York in the early 1970s and championed by the state’s Republican governor, Nelson Rockefeller. Fortner traces how many blacks in New York came to believe that the rehabilitation-focused liberal policies of the 1960s had failed. Faced with economic malaise and rising rates of addiction and crime, they blamed addicts and pushers. By 1973, the outcry from grassroots activists and civic leaders in Harlem calling for drastic measures presented Rockefeller with a welcome opportunity to crack down on crime and boost his political career. New York became the first state to mandate long prison sentences for selling or possessing narcotics. Black Silent Majority lays bare the tangled roots of a pernicious system. America’s drug policies, while in part a manifestation of the conservative movement, are also a product of black America’s confrontation with crime and chaos in its own neighborhoods.
Author: Christopher Bennett
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 232
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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: Daniel N. Robinson
Publisher: Princeton University Press
ISBN: 1400825318
Category : Philosophy
Languages : en
Pages : 240
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Book Description
How should a prize be awarded after a horse race? Should it go to the best rider, the best person, or the one who finishes first? To what extent are bystanders blameworthy when they do nothing to prevent harm? Are there any objective standards of moral responsibility with which to address such perennial questions? In this fluidly written and lively book, Daniel Robinson takes on the prodigious task of setting forth the contours of praise and blame. He does so by mounting an important and provocative new defense of a radical theory of moral realism and offering a critical appraisal of prevailing alternatives such as determinism and behaviorism and of their conceptual shortcomings. The version of moral realism that arises from Robinson's penetrating inquiry--an inquiry steeped in Aristotelian ethics but deeply informed by modern scientific knowledge of human cognition--is independent of cognition and emotion. At the same time, Robinson carefully explores how such human attributes succeed or fail in comprehending real moral properties. Through brilliant analyses of constitutional and moral luck, of biosocial and genetic versions of psychological determinism, and of relativistic-anthropological accounts of variations in moral precepts, he concludes that none of these conceptions accounts either for the nature of moral properties or the basis upon which they could be known. Ultimately, the theory that Robinson develops preserves moral properties even while acknowledging the conditions that undermine the powers of human will.
Author: Robert McGee
Publisher: Thomas Nelson Inc
ISBN: 0849944244
Category : Reference
Languages : en
Pages : 353
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Book Description
Discover what two million readers have already discovered: that true significance is found only in Christ. Robert McGee's best-selling book has helped millions of readers learn how to be free to enjoy Christ's love while no longer basing their self-worth on their accomplishments or the opinions of others. In fact, Billy Graham said that it was a book that "should be read by every Christian." In this re-launch of this timeless classic you will: Gain new skills for getting off the performance treadmill Discover how four false beliefs have negatively impacted your life Learn how to overcome obstacles that prevent you from experiencing the truth that your self-worth is found only in the love, acceptance, and forgiveness of Christ Other products in the Search for Significance family of products include a devotional journal and youth edition.
Author: Elinor Mason
Publisher: Oxford University Press
ISBN: 0192570218
Category : Philosophy
Languages : en
Pages : 192
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Book Description
There must be some connection between our deontic notions, rightness and wrongness, and our responsibility notions, praise- and blameworthiness. Yet traditional approaches to each set of concepts tend to take the other set for granted. This book takes an integrated approach to these questions, drawing on both ethics and responsibility theory, and thereby illuminating both sets of concepts. Elinor Mason describes this as 'normative responsibility theory': the primary aim is not to give an account of the conditions of agency, but to give an account of what sort of wrong action makes blame fitting. She presents a pluralistic view of both obligation and blameworthiness, identifying three different ways to be blameworthy, corresponding to different ways of acting wrongly. First, ordinary blameworthiness is essentially connected to subjective wrongness, to acting wrongly by one's own lights. Subjective obligation, and ordinary blame, apply only to those who are within our moral community, who understand and share our value system. By contrast, detached blame can apply even when the agent is outside our moral community, and has no sense that her act is morally wrong. In detached blame, the blame rather than the blameworthiness is fundamental. Finally, agents can take responsibility for some inadvertent wrongs, and thus become responsible. This third sort of blameworthiness, 'extended blameworthiness', applies when the agent understands the objective wrongness of her act, but has no bad will. In such cases, the social context may be such that the agent should take responsibility, and accept ordinary blame from the wronged party.
Author: Bruce N. Waller
Publisher: MIT Press
ISBN: 0262553813
Category : Philosophy
Languages : en
Pages : 365
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Book Description
A vigorous attack on moral responsibility in all its forms argues that the abolition of moral responsibility will be liberating and beneficial. In Against Moral Responsibility, Bruce Waller launches a spirited attack on a system that is profoundly entrenched in our society and its institutions, deeply rooted in our emotions, and vigorously defended by philosophers from ancient times to the present. Waller argues that, despite the creative defenses of it by contemporary thinkers, moral responsibility cannot survive in our naturalistic-scientific system. The scientific understanding of human behavior and the causes that shape human character, he contends, leaves no room for moral responsibility. Waller argues that moral responsibility in all its forms—including criminal justice, distributive justice, and all claims of just deserts—is fundamentally unfair and harmful and that its abolition will be liberating and beneficial. What we really want—natural human free will, moral judgments, meaningful human relationships, creative abilities—would survive and flourish without moral responsibility. In the course of his argument, Waller examines the origins of the basic belief in moral responsibility, proposes a naturalistic understanding of free will, offers a detailed argument against moral responsibility and critiques arguments in favor of it, gives a general account of what a world without moral responsibility would look like, and examines the social and psychological aspects of abolishing moral responsibility. Waller not only mounts a vigorous, and philosophically rigorous, attack on the moral responsibility system, but also celebrates the benefits that would result from its total abolition.
Author: D. Justin Coates
Publisher: Oxford University Press on Demand
ISBN: 0199860823
Category : Philosophy
Languages : en
Pages : 331
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Book Description
What is it to blame someone, and when are would-be blamers in a position to do so? What function does blame serve in our lives, and is it a valuable way of relating to one another? The essays in this volume explore answers to these and related questions.
