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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
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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: Kent Greenfield
Publisher: Yale University Press
ISBN: 0300178875
Category : Psychology
Languages : en
Pages : 316
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Book Description
Freedom of choice is at the core of the American story. But what if choice is fake?Americans are fixated on the idea of choice. Our political theory is based on the consent of the governed. Our legal system is built upon the argument that people freely make choices and bear responsibility for them. And what slogan could better express the heart of our consumer culture than "Have it your way"?In this provocative book, Kent Greenfield poses unsettling questions about the choices we make. What if they are more constrained and limited than we like to think? If we have less free will than we realize, what are the implications for us as individuals and for our society? To uncover the answers, Greenfield taps into scholarship on topics ranging from brain science to economics, political theory to sociology. His discoveries—told through an entertaining array of news events, personal anecdotes, crime stories, and legal decisions—confirm that many factors, conscious and unconscious, limit our free will. Worse, by failing to perceive them we leave ourselves open to manipulation. But Greenfield offers useful suggestions to help us become better decision makers as individuals, and to ensure that in our laws and public policy we acknowledge the complexity of choice.
Author: Paul Russell
Publisher: Oxford University Press
ISBN: 019062762X
Category : Philosophy
Languages : en
Pages : 313
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Book Description
The Limits of Free Will presents influential articles by Paul Russell concerning free will and moral responsibility. The problems arising in this field of philosophy, which are deeply rooted in the history of the subject, are also intimately related to a wide range of other fields, such as law and criminology, moral psychology, theology, and, more recently, neuroscience. These articles were written and published over a period of three decades, although most have appeared in the past decade. Among the topics covered: the challenge of skepticism; moral sentiment and moral capacity; necessity and the metaphysics of causation; practical reason; free will and art; fatalism and the limits of agency; moral luck, and our metaphysical attitudes of optimism and pessimism. Some essays are primarily critical in character, presenting critiques and commentary on major works or contributions in the contemporary scene. Others are mainly constructive, aiming to develop and articulate a distinctive account of compatibilism. The general theory advanced by Russell, which he describes as a form of "critical compatibilism", rejects any form of unqualified or radical skepticism; but it also insists that a plausible compatibilism has significant and substantive implications about the limits of agency and argues that this licenses a metaphysical attitude of (modest) pessimism on this topic. While each essay is self-standing, there is nevertheless a core set of themes and issues that unite and link them together. The collection is arranged and organized in a format that enables the reader to appreciate and recognize these links and core themes.
Author: Kirsten Amis
Publisher: SAGE
ISBN: 1473987016
Category : Psychology
Languages : en
Pages : 185
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Book Description
The boundaries of the therapeutic relationship are a crucial part of effective therapy. But understanding them, and the effects of power and responsibility, can be intimidating to trainee or newly-qualified therapists. This book will take step by step through everything they need to know to work ethically and safeguard the wellbeing of both themselves and their clients. It tackles: · Contracting and the importance of negotiating and clarifying boundaries with clients · The implications and limits of maintaining confidentiality · Keeping clear sexual boundaries, and how to work around issues safely and appropriately · What happens when circumstances change, and everyday or serious disruptions occur to therapy · The nature of the therapist’s power, and how to employ it responsibly to a client’s benefit Packed with case studies, ethical dilemmas and points for reflection and discussion, this is an essential read for trainee practitioners and qualified therapists looking to ensure safe and ethical practice.
Author: Eric R. Boot
Publisher: Springer
ISBN: 3319669575
Category : Philosophy
Languages : en
Pages : 189
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Book Description
This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled “rights talk” leads to the neglect of duties without corresponding rights (e.g., duties of virtue) and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Russell Hardin
Publisher: University of Chicago Press
ISBN: 0226316203
Category : Philosophy
Languages : en
Pages : 254
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Book Description
This provocative, lucidly written reconstruction of utilitarianism focuses on the practical constraints involved in ethical choice: information may be inadequate, and understanding of causes and effects may be limited. Good decision making may be especially constrained if other people are closely involved in determining an outcome. Hardin demonstrates that many of these structural issues can and should be distinguished from the thornier problems of utilitarian value theory, and he is able to show what kinds of moral conclusions we can reach within the limits of reason.
Author: Barbara H. Fried
Publisher: Harvard University Press
ISBN: 0674037308
Category : Law
Languages : en
Pages : 350
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Book Description
Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution. This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.
Author: Luis Daniel Gascón
Publisher: NYU Press
ISBN: 1479871206
Category : Social Science
Languages : en
Pages : 302
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Book Description
A critical look at the realities of community policing in South Los Angeles The Limits of Community Policing addresses conflicts between police and communities. Luis Daniel Gascón and Aaron Roussell depart from traditional conceptions, arguing that community policing—popularized for decades as a racial panacea—is not the solution it seems to be. Tracing this policy back to its origins, they focus on the Los Angeles Police Department, which first introduced community policing after the high-profile Rodney King riots. Drawing on over sixty interviews with officers, residents, and stakeholders in South LA’s “Lakeside” precinct, they show how police tactics amplified—rather than resolved—racial tensions, complicating partnership efforts, crime response and prevention, and accountability. Gascón and Roussell shine a new light on the residents of this neighborhood to address the enduring—and frequently explosive—conflicts between police and communities. At a time when these issues have taken center stage, this volume offers a critical understanding of how community policing really works.
Author: Wilhelm Freiherr von Humboldt
Publisher: London : J. Chapman
ISBN:
Category : Political Science
Languages : en
Pages : 270
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Book Description
