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Author: Graeme Newman
Publisher: Routledge
ISBN: 1351475711
Category : Social Science
Languages : en
Pages : 314
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Book Description
Punishment occupies a central place in our lives and attitudes. We suffer a profound ambivalence about its moral consequences. Persons who have been punished or are liable to be punished have long objected to the legitimacy of punishment. We are all objects of punishment, yet we are also its users. Our ambivalence is so profound that not only do we punish others, but we punish ourselves as well. We view those who submit too willingly to punishment as obedient verging on the groveling coward, and we view those who resist punishment as disobedient, rebels. In The Punishment Response Graeme Newman describes the uses of punishment and how these uses change over time.Some argue that punishment promotes discrimination and divisiveness in society. Others claim that it is through punishment that order and legitimacy are upheld. It is important that punishment is understood as neither one nor the other; it is both. This point, simple though it seems, has never really been addressed. This is why Newman claims we wax and wane in our uses of punishment; why punishing institutions are clogged by bureaucracy; why the death penalty comes and goes like the tide.Graeme Newman emphasizes that punishment is a cultural process and also a mechanism of particular institutions, of which criminal law is but one. Because academic discussions of punishment have been confined to legalistic preoccupations, much of the policy and justification of punishment have been based on discussions of extreme cases. The use of punishment in the sphere of crime is an extreme unto itself, since crime is a minor aspect of daily life. The uses of punishment, and the moral justifications for punishment within the family and school have rarely been considered, certainly not to the exhaustive extent that criminal law has been in this outstanding work.
Author: Graeme Newman
Publisher: Routledge
ISBN: 1351475711
Category : Social Science
Languages : en
Pages : 314
Get Book Here
Book Description
Punishment occupies a central place in our lives and attitudes. We suffer a profound ambivalence about its moral consequences. Persons who have been punished or are liable to be punished have long objected to the legitimacy of punishment. We are all objects of punishment, yet we are also its users. Our ambivalence is so profound that not only do we punish others, but we punish ourselves as well. We view those who submit too willingly to punishment as obedient verging on the groveling coward, and we view those who resist punishment as disobedient, rebels. In The Punishment Response Graeme Newman describes the uses of punishment and how these uses change over time.Some argue that punishment promotes discrimination and divisiveness in society. Others claim that it is through punishment that order and legitimacy are upheld. It is important that punishment is understood as neither one nor the other; it is both. This point, simple though it seems, has never really been addressed. This is why Newman claims we wax and wane in our uses of punishment; why punishing institutions are clogged by bureaucracy; why the death penalty comes and goes like the tide.Graeme Newman emphasizes that punishment is a cultural process and also a mechanism of particular institutions, of which criminal law is but one. Because academic discussions of punishment have been confined to legalistic preoccupations, much of the policy and justification of punishment have been based on discussions of extreme cases. The use of punishment in the sphere of crime is an extreme unto itself, since crime is a minor aspect of daily life. The uses of punishment, and the moral justifications for punishment within the family and school have rarely been considered, certainly not to the exhaustive extent that criminal law has been in this outstanding work.
Author: Thom Brooks
Publisher: Routledge
ISBN: 1315527758
Category : Law
Languages : en
Pages : 242
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Book Description
Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.
Author: David Perrier
Publisher: Thomson Carswell
ISBN: 9780459283377
Category : Law
Languages : en
Pages : 738
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Book Description
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: Terance D. Miethe
Publisher: Cambridge University Press
ISBN: 9780521844079
Category : Social Science
Languages : en
Pages : 258
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Book Description
This 2005 book examines punishment in different forms, including corporal and economic punishment.
Author: Todd R. Clear
Publisher: NYU Press
ISBN: 0814717195
Category : Law
Languages : en
Pages : 270
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Book Description
"Over the last 35 years, the United States penal system has grown at a rate unprecedented in U.S. history, five times larger than in the past and grossly out of scale with the rest of the world. This growth was part of a sustained and intentional effort to "get tough" on crime, and characterizes a time when no policy options were acceptable save for those that increased penalties. In this book, the authors, both eminent criminologists argue that America's move to mass incarceration from the 1960s to the early 2000s was more than just a response to crime or a collection of policies adopted in isolation; it was a grand social experiment. Tracing a wide array of trends related to the criminal justice system, the book charts the rise of penal severity in America and speculates that a variety of forces, fiscal, political, and evidentiary, have finally come together to bring this great social experiment to an end. The book cautions that the legacy of the grand experiment of the past forty years wiil be difficult to escape. However the authors suggest that the U.S. now stands at the threshold of a new era in the criminal justice system, and they offer several practical and pragmatic policy solutions to changing the approach to punishment." -- Publisher's website.
Author: Lily L. Tsai
Publisher: Cambridge University Press
ISBN: 1108897673
Category : Political Science
Languages : en
Pages : 291
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Book Description
Against the backdrop of rising populism around the world and democratic backsliding in countries with robust, multiparty elections, this book asks why ordinary people favor authoritarian leaders. Much of the existing scholarship on illiberal regimes and authoritarian durability focuses on institutional explanations, but Tsai argues that, to better understand these issues, we need to examine public opinion and citizens' concerns about retributive justice. Government authorities uphold retributive justice - and are viewed by citizens as fair and committed to public good - when they affirm society's basic values by punishing wrongdoers who act against these values. Tsai argues that the production of retributive justice and moral order is a central function of the state and an important component of state building. Drawing on rich empirical evidence from in-depth fieldwork, original surveys, and innovative experiments, the book provides a new framework for understanding authoritarian resilience and democratic fragility.
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: Rowan Cruft
Publisher: Oxford University Press
ISBN: 0191621641
Category : Law
Languages : en
Pages : 405
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Book Description
For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.
Author: Walter Berns
Publisher: Upa
ISBN:
Category : Capital punishment
Languages : en
Pages : 232
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Book Description
This distinguished constitutional theorist takes a hard look at current criminal law and the Supreme Court's most recent decisions regarding the legality of capital punishment. Examining the penal system, capital punishment, and punishment in general, he reviews the continuing debate about the purpose of punishment for deterrence, rehabilitation, or retribution. He points out that the steady moderation of criminal law has not effected a corresponding moderation in criminal ways or improved the conditions under which men must live. He decries the "pious sentiment" of those who maintain that criminals need to be rehabilitated. He concludes that the real issue is not whether the death penalty deters crime, but that in an imperfect universe, justice demands the death penalty. Originally published by Basic Books in 1979.
