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Author: A.W. Norrie
Publisher: Springer Science & Business Media
ISBN: 9400906994
Category : Philosophy
Languages : en
Pages : 239
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Book Description
This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.
Author: A.W. Norrie
Publisher: Springer Science & Business Media
ISBN: 9400906994
Category : Philosophy
Languages : en
Pages : 239
Get Book Here
Book Description
This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.
Author: Jeffrey Reiman
Publisher: Routledge
ISBN: 131734295X
Category : Social Science
Languages : en
Pages : 296
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Book Description
Illustrates the issue of economic inequality within the American justice system. The best-selling text, The Rich Get Richer and the Poor Get Prison contends that the criminal justice system is biased against the poor from start to finish. The authors argue that even before the process of arrest, trial, and sentencing, the system is biased against the poor in what it chooses to treat as crime. The authors show that numerous acts of the well-off--such as their refusal to make workplaces safe, refusal to curtail deadly pollution, promotion of unnecessary surgery, and prescriptions for unnecessary drugs--cause as much harm as the acts of the poor that are treated as crimes. However, the dangerous acts of the well-off are almost never treated as crimes, and when they are, they are almost never treated as severely as the crimes of the poor. Not only does the criminal justice system fail to protect against the harmful acts of well-off people, it also fails to remedy the causes of crime, such as poverty. This results in a large population of poor criminals in our prisons and in our media. The authors contend that the idea of crime as a work of the poor serves the interests of the rich and powerful while conveying a misleading notion that the real threat to Americans comes from the bottom of society rather than the top. Learning Goals Upon completing this book, readers will be able to: Examine the criminal justice system through the lens of the poor. Understand that much of what goes on in the criminal justice system violates one’s own sense of fairness. Morally evaluate the criminal justice system’s failures. Identify the type of legislature that is biased against the poor.
Author: Leon Radzinowicz
Publisher:
ISBN:
Category : Crime
Languages : en
Pages : 174
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Book Description
Author: Matthew B. Robinson
Publisher:
ISBN: 9781611636352
Category : Political Science
Languages : en
Pages : 256
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Book Description
Criminal Injustice examines the influence of politics and ideology on criminal justice practice. Politics refers to governing decisions about how to deal with social problems and distribute resources in society, and ideology means the beliefs and values that guide political decisions and underlie our societal institutions. The book clearly illustrates that criminal justice practice is directly and meaningfully impacted by politics and ideology, beginning with law-making. The main argument of Criminal Injustice is that politics and ideology distort America's ideal goals of crime control and due process, oftentimes resulting in ineffective and unfair criminal justice policies. That is, politics and ideology distort the ideals of Americans found in the Declaration of Independence and the U.S. Constitution. In the book, the author demonstrates how this is true and he argues that the main problem with criminal justice practice is that it does not target the most harmful acts in America; instead it focuses heavily only on a handful of harmful acts committed by certain groups of people under certain circumstances. This occurs because of who makes the law and who pays for it; these people create laws and policies that benefit them and their financial backers rather than ''the people'' more generally. Further, media coverage of crime and criminal justice reinforces myths of crime (including who is dangerous and who is not) which helps maintain the focus of criminal justice agencies on street crime rather than on other forms of harmful behavior that actually cause far more damage to society.
Author: Peter J. Benekos
Publisher: Routledge
ISBN: 1317523474
Category : Political Science
Languages : en
Pages : 386
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Book Description
This book reviews concepts, information and points of view that help to explain the context and constraints of the criminal justice system. The chapters summarize developments in public policy and crime control, and interweave themes central to the discussion: the impact of ideology, the role of the media, and the politicization of crime and criminal justice.
Author: Malcolm Jorgensen
Publisher: Cambridge University Press
ISBN: 1108481434
Category : Law
Languages : en
Pages : 303
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Book Description
Demonstrates American legal policymakers hold competing conceptions of the 'international rule of law' structured by foreign policy ideologies.
Author: Matthew B. Robinson
Publisher:
ISBN: 9781531016364
Category : Crime
Languages : en
Pages : 306
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Book Description
"This book examines the influence of politics and ideology on criminal justice practice. Politics refers to governing decisions about how to deal with social problems and distribute resources in society, and ideology means the beliefs and values that guide political decisions and underlie our societal institutions. The book clearly illustrates that criminal justice practice is directly and meaningfully impacted by politics and ideology, beginning with law-making. The main argument of Criminal Injustice is that politics and ideology distort America's ideal goals of crime control and due process, oftentimes resulting in ineffective and unfair criminal justice policies. That is, politics and ideology distort the ideals of Americans found in the Declaration of Independence and the U.S. Constitution"--
Author: Maria W. Los
Publisher: Springer
ISBN: 1349088552
Category : Social Science
Languages : en
Pages : 365
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Book Description
Author: Anthony Bottoms
Publisher: Routledge
ISBN: 1135994269
Category : Social Science
Languages : en
Pages : 184
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Book Description
In this book six leading criminologists address the central issues of ideology, crime and criminal justice in a series of essays originally presented at a symposium held in honour of Sir Leon Radzinowicz in Cambridge in March 2001. This book is concerned with the key themes of the history of criminal justice, the history and development of criminological thought, and criminal justice policy. Each of the contributed chapters makes an original and important contribution to the development of the discipline of criminology. This book is valuable reading for anybody interested in the past and present of the discipline of criminology, explored through essays on morality, prisons, policing, criminal justice and penal policy.
Author: Stephen Skinner
Publisher: Bloomsbury Publishing
ISBN: 1509910832
Category : Law
Languages : en
Pages : 416
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Book Description
With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.