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Author: David Boonin
Publisher: Cambridge University Press
ISBN: 1139470787
Category : Philosophy
Languages : en
Pages :
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Book Description
In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.
Author: David Boonin
Publisher: Cambridge University Press
ISBN: 1139470787
Category : Philosophy
Languages : en
Pages :
Get Book Here
Book Description
In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.
Author: Deirdre Golash
Publisher: NYU Press
ISBN: 0814731848
Category : Law
Languages : en
Pages : 229
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Book Description
Golash addresses the value of punishment in contemporary society.
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: 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.
Author: Igor Primoratz
Publisher: Prometheus Books
ISBN: 159102983X
Category : Law
Languages : en
Pages : 210
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Book Description
While the philosophy of punishment is dominated by utilitarian and "mixed" theories, this study, written in the analytic tradition but also drawing on the views of Hegel, argues for a purely retributive view: all the main questions facing a theory of punishment are answered in terms of justice and desert, without any concessions to social expediency.
Author: Christopher Heath Wellman
Publisher: Oxford University Press
ISBN: 019027476X
Category : Law
Languages : en
Pages : 241
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Book Description
In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.
Author: Victor Tadros
Publisher: Oxford University Press
ISBN: 019106730X
Category : Law
Languages : en
Pages : 369
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Book Description
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
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.
Author: Michael Cavadino
Publisher: SAGE
ISBN: 1526496801
Category : Social Science
Languages : en
Pages : 640
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Book Description
Now in its Sixth Edition, this book remains the most comprehensive and authoritative on the penal system, providing students with an incisive, critical account of the punitive, managerial and humanitarian approaches to criminal justice. Fully updated to cover the most recent changes in the Criminal Justice System, the new edition: Outlines contemporary policy debates on sentencing, staffing, youth custody and overcrowding. Explores growing inequalities in the criminal justice system including issues of race, religion, gender and sexuality, with new content on faith, and transgender prisoners. Considers the impact of privatisation on the probation service. Discusses the most recent debates around the parole process, including high-profile cases and attempts at reform. The book is supported by online resources for lecturers and students, including chapter PowerPoints, sample syllabus, summaries of key legislative acts, bills and official reports, a list of recommended further reading for each chapter, and links to important Penal Agencies and Organisations, Law Reform Organisations, and other useful academic sites. Essential reading for students of criminal justice and criminology, studying penology, punishments and the penal system.
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.
