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Author: J.G. Murphy
Publisher: Springer Science & Business Media
ISBN: 9400994613
Category : Philosophy
Languages : en
Pages : 336
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Book Description
One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Author: J.G. Murphy
Publisher: Springer Science & Business Media
ISBN: 9400994613
Category : Philosophy
Languages : en
Pages : 336
Get Book Here
Book Description
One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Author: J.G. Murphy
Publisher: Springer Science & Business Media
ISBN: 9027709998
Category : Law
Languages : en
Pages : 280
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Book Description
One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Author: Elizabeth Shaw
Publisher: Cambridge University Press
ISBN: 1108661262
Category : Philosophy
Languages : en
Pages : 247
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Book Description
'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what (if any) changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism.
Author: Nicholas N. Kittrie
Publisher: Penguin Group
ISBN:
Category : Psychology
Languages : en
Pages : 482
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Book Description
Author: William R. Kelly
Publisher: Rowman & Littlefield
ISBN: 1442273895
Category : Law
Languages : en
Pages : 235
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Book Description
Over the past fifty years, American criminal justice policy has had a nearly singular focus – the relentless pursuit of punishment. Punishment is intuitive, proactive, logical, and simple. But the problem is that despite all of the appeal, logic, and common sense, punishment doesn't work. The majority of crimes committed in the United States are by people who have been through the criminal justice system before, many on multiple occasions. There are two issues that are the primary focus of this book. The first is developing a better approach than simple punishment to actually address crime-related circumstances, deficits and disorders, in order to change offender behavior, reduce recidivism, victimization and cost. And the second issue is how do we do a better job of determining who should be diverted and who should be criminally prosecuted. From Retribution to Public Safety develops a strategy for informed decision making regarding criminal prosecution and diversion. The authors develop procedures for panels of clinical experts to provide prosecutors with recommendations about diversion and intervention. This requires a substantial shift in criminal procedure as well as major reform to the public health system, both of which are discussed in detail. Rather than ask how much punishment is necessary the authors look at how we can best reduce recidivism. In doing so they develop a roadmap to fix a fundamentally flawed system that is wasting massive amounts of public resources to not reducing crime or recidivism.
Author: Mark J. Findlay
Publisher: Routledge
ISBN: 1317436687
Category : Social Science
Languages : en
Pages : 428
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Book Description
This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities
Author: Sharon Lamb
Publisher: Harvard University Press
ISBN: 9780674910119
Category : Law
Languages : en
Pages : 260
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Book Description
This work looks at the topic of victimisation and blame as a pathology for our time, and its consequences for personal responsibility.
Author: Ian Shapiro
Publisher: NYU Press
ISBN: 0814780555
Category : Law
Languages : en
Pages : 501
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Book Description
Contributors discuss the work of thinkers such as Cass Sunstein and Jeremy Waldron in their exploration of the relations between philosophical theories and everyday life. They elucidate major attempts to reconcile theory with practice in the Western tradition, from Herodotus to Heidegger, and discuss topics such as the role of theory in judicial decision-making and the political implication of theory. Of interest to philosophers, lawyers, and social scientists. Annotation copyright by Book News, Inc., Portland, OR
Author: Iris Marion Young
Publisher: Princeton University Press
ISBN: 0691216355
Category : Social Science
Languages : en
Pages : 207
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Book Description
Iris Marion Young is known for her ability to connect theory to public policy and practical politics in ways easily understood by a wide range of readers. This collection of essays, which extends her work on feminist theory, explores questions such as the meaning of moral respect and the ways individuals relate to social collectives, together with timely issues like welfare reform, same-sex marriage, and drug treatment for pregnant women. One of the many goals of Intersecting Voices is to energize thinking in those areas where women and men are still deprived of social justice. Essays on the social theory of groups, communication across difference, alternative principles for family law, exclusion of single mothers from full citizenship, and the ambiguous value of home lead to questions important for rethinking policy. How can women be conceptualized as a single social collective when there are so many differences among them? What spaces of discourse are required for the full inclusion of women and cultural minorities in public discussion? Can the conceptual and practical link between self-sufficiency and citizenship that continues to relegate some people to second-class status be broken? How could legal institutions be formed to recognize the actual plurality of family forms? In formulating such questions and the answers to them, Young draws upon ideas from both Anglo-American and Continental philosophers, including Seyla Benhabib, Joshua Cohen, Luce Irigaray, Susan Okin, William Galston, Simone de Beauvoir, and Michel Foucault.
Author: J.G. Murphy
Publisher: Springer Science & Business Media
ISBN: 9401579229
Category : Philosophy
Languages : en
Pages : 254
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Book Description
Jeffrie G. Murphy's second collection of essays further pursues the topics of punishment and retribution that were explored in his 1979 collection Retribution, Justice and Therapy. Murphy now explores these topics in the context of political philosophy as well as moral philosophy, and he now begins to develop some doubts about the version of the retributive theory with which his name has long been associated.
