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Author: Michael H. Tonry
Publisher:
ISBN: 0190070595
Category : Law
Languages : en
Pages : 265
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Book Description
This volume examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches.
Author: Michael H. Tonry
Publisher:
ISBN: 0190070595
Category : Law
Languages : en
Pages : 265
Get Book Here
Book Description
This volume examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches.
Author: Michael Tonry
Publisher: Oxford University Press
ISBN: 0190070609
Category : Law
Languages : en
Pages : 265
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Book Description
Can punishments ever meaningfully be proportioned in severity to the seriousness of the crimes for which they are imposed? A great deal of attention has been paid to the general justification of punishment, but the thorny practical questions have received significantly less. Serious analysis has seldom delved into what makes crimes more or less serious, what makes punishments more or less severe, and how links are to be made between them. In Of One-eyed and Toothless Miscreants, Michael Tonry has gathered together a distinguished cast of contributors to offer among the first sustained efforts to specify with precision how proportionality can be understood in relation to the implementation of punishment. Each chapter examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches. Written by many of the leading thinkers on punishment, this volume dissects previously undeveloped issues related to considerations of deserved punishment and provides new ways to understand both the severities of punishment and the seriousness of crime.
Author: Jesper Ryberg
Publisher: Oxford University Press
ISBN: 0197750508
Category : Social Science
Languages : en
Pages : 745
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Book Description
Author: Michael Tonry
Publisher: University of Chicago Press
ISBN: 0226817652
Category : Law
Languages : en
Pages : 457
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Book Description
Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.
Author: Michael Tonry
Publisher: Oxford University Press
ISBN: 0199910642
Category : Law
Languages : en
Pages : 257
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Book Description
Punishment policies and practices in the United States today are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices, mass incarceration, the world's highest imprisonment rate, extreme disparities, especially affecting members of racial and ethnic minority groups, high rates of wrongful conviction, assembly line case processing, and a general absence of respectful consideration of offenders' interests, circumstances, and needs. In Doing Justice, Preventing Crime, Michael Tonry lays normative and empirical foundations for building new, more just, and more effective systems of sentencing and punishment in the twenty-first century. The overriding goals are to treat people convicted of crimes justly, fairly, and even-handedly; to take sympathetic account of the circumstances of peoples' lives; and to punish no one more severely than he or she deserves. Drawing on philosophy and punishment theory, this book explains the structural changes needed to uphold the rule of law and its requirement that the human dignity of every person be respected. In clear and engaging prose, Michael Tonry surveys what is known about the deterrent, incapacitative, and rehabilitative effects of punishment, and explains what needs to be done to move from an ignoble present to a better future.
Author: Stephen Kershnar
Publisher: Taylor & Francis
ISBN: 1003817122
Category : Philosophy
Languages : en
Pages : 325
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Book Description
Our worldview assumes that people are morally responsible. Our emotions, beliefs, and values assume that a person is responsible for what she thinks and does, and that this is a good thing. This book argues that this worldview is false. It provides four arguments for this conclusion that build on the free will and responsibility literatures in original and insightful ways: Foundation: No one is responsible because there is no foundation for responsibility. A foundation for responsibility is something for which a person is responsible but not by being responsible for something else Epistemic Condition: No one is responsible because no one fulfills the epistemic condition necessary for blameworthiness Internalism: If a person were responsible, then she would be responsible for, and only for, what goes on in her head. Most of the evidence for responsibility says the opposite Amount: No one is responsible because we cannot make sense of what makes a person more or less praiseworthy (or blameworthy) There is no other book that argues against moral responsibility based on foundationalism, the epistemic condition, and internalism and shows that these arguments cohere. The book’s arguments for internalism and quantifying responsibility are new to the literature. Ultimately, the book’s conclusions undermine our commonsense view of the world and the most common philosophical understanding of God, morality, and relationships. Responsibility Collapses: Why Moral Responsibility Is Impossible is essential reading for scholars and advanced students in philosophy, religious studies, and political science who are interested in debates about agency, free will, and moral responsibility.
Author: Emmanouil Billis
Publisher: Bloomsbury Publishing
ISBN: 1509938613
Category : Law
Languages : en
Pages : 570
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Book Description
This edited volume seeks to reassess the old and to analyse and develop novel approaches to the notion of proportionality in criminal matters and the new security architecture. The discourse is not limited to conventional constitutional constellations and standard problems of sentencing in traditional criminal proceedings. Rather, the book offers an interdisciplinary and cross-jurisdictional exploration of highly topical, proportionality-related issues pertinent to penal theory and legal philosophy, criminalisation policies, security and anti-terrorism strategies, alternative types of justice delivery, and supranational enforcement as well as human rights and international criminal and humanitarian law. In today's global risk society, with its numerous visible and invisible enemies of the state and the individual, balancing freedom and security has become nothing less than an attempt at untying a Gordian knot. Against this background, the proportionality of measures of crime prevention and repression is unquestionably an issue of utmost importance, which basic research and legal policy in rule-of-law based systems are urgently called to address. The timely and fascinating contributions in this book, covering jurisdictions from both the common law and the civil law as well as hybrid and international jurisdictions, will appeal to academics, researchers, policy advisers and practitioners working in the areas of national and international criminal law, comparative criminal justice/criminology and legal philosophy as well as constitutional and security law.
Author: Esmorie Miller
Publisher: Routledge
ISBN: 135103944X
Category : Social Science
Languages : en
Pages : 288
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Book Description
Race, Recognition and Retribution in Contemporary Youth Justice provides a cross-national, sociohistorical investigation of the legacy of racial discrimination, which informs contemporary youth justice practice in Canada and England. The book links racial disparities in youth justice, especially exclusion from ideologies of care and notions of future citizenship, with historical practices of exclusion. Despite the logic of care found in both rehabilitative and retributive forms of youth justice, Black inner-city youth remain excluded from lenience and social welfare considerations. This exclusion reflects a historical legacy of racial discrimination apparent in the harsher sanctions levied against Black, innercity youth. In exploring race’s role in this arrangement, the book asks: To what extent were Black youth excluded from historic considerations of the lenience and social care, built into the logic of youth justice in England and Canada? To what extent are the disproportionately high incarceration rates, for Black, inner-city youth in the contemporary system, a reflection of a historic exclusion from considerations of lenience and social care? How might contemporary justice efforts be reoriented to explicitly prioritize considerations of lenience and social care ahead of penalty for Black, inner-city youth? Examining the entrenched structural continuities of racial discrimination, the book draws on archival and interview data, with interviewees including professionals who work with inner-city youth. In concert with the archival and interview data, the book offers the intractability/malleability I/M thesis, an integrated social theoretical logic with the capacity to expand the customary analytical scope for understanding the contemporary entrenched normalization of racialized youth as punishable. The aim is to advance a historicized account, exploring youth’s positioning as constitutive of a continuity of racialized peoples’, in general, and youth’s, in particular, historic exclusion from the benefits of modern rights, including lenience and care. The I/M logic takes its analytical currency from a combined critical race theory (CRT) and recognition theory. The book argues that a truly progressive era of youth justice necessitates cultivating policy and practice which explicitly prioritizes considerations of lenience and social care, ahead of reliance on penalty. This multidisciplinary book is valuable reading for academics and students researching criminology, sociology, politics, anthropology, critical race studies, and history. It will also appeal to practitioners in the field of youth justice, policymakers, and third-sector organizations.
Author: Stephen Kershnar
Publisher: Routledge
ISBN: 1000429210
Category : Philosophy
Languages : en
Pages : 259
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Book Description
People consider desert part of our moral world. It structures how we think about important areas such as love, punishment, and work. This book argues that no one deserves anything. If this is correct, then claims that people deserve general and specific things are false. At the heart of desert is the notion of moral credit or discredit. People deserve good things (credit) when they are good people or do desirable things. These desirable things might be right, good, or virtuous acts. People deserve bad things (discredit) when they are bad people or do undesirable things. On some theories, people deserve credit in general terms. For instance, they deserve a good life. On other theories, people deserve credit in specific terms. For instance, they deserve specific incomes, jobs, punishments, relationships, or reputations. The author’s argument against desert rests on three claims: There is no adequate theory of what desert is. Even if there were an adequate theory of what desert is, nothing grounds (justifies) desert. Even if there were an adequate theory of what desert is and something were to ground it, there is no plausible account of what people deserve. Desert Collapses will be of interest to researchers and advanced students working in ethics and political philosophy.
Author: Richard L. Lippke
Publisher: Taylor & Francis
ISBN: 1003849482
Category : Law
Languages : en
Pages : 259
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Book Description
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.
