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Contemporary Punishment Views Explanations And Justifications
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Author :Rudolph Joseph Gerber Publisher :Notre Dame [Ind.] : University of Notre Dame Press ISBN 13 : Total Pages :288 pages Book Rating :4.F/5 ( download)
Book Synopsis Contemporary Punishment: Views, Explanations, and Justifications by : Rudolph Joseph Gerber
Download or read book Contemporary Punishment: Views, Explanations, and Justifications written by Rudolph Joseph Gerber and published by Notre Dame [Ind.] : University of Notre Dame Press. This book was released on 1972 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contemporary Punishment written by and published by . This book was released on 1972 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contemporary Punishment: Views, Explanations by : Rudolph Joseph Gerber
Download or read book Contemporary Punishment: Views, Explanations written by Rudolph Joseph Gerber and published by . This book was released on 1972 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Honor and Revenge: A Theory of Punishment by : Whitley R.P. Kaufman
Download or read book Honor and Revenge: A Theory of Punishment written by Whitley R.P. Kaufman and published by Springer Science & Business Media. This book was released on 2012-08-28 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Criminal Punishment and Restorative Justice by : David J. Cornwell
Download or read book Criminal Punishment and Restorative Justice written by David J. Cornwell and published by Waterside Press. This book was released on 2006 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Punishment and Restorative Justice is an appraisal of the divide that exists between punitive and restorative methods. The book looks at events that serve to restrict a greater and more emphatic adoption of restorative justice and its huge potential in contemporary criminal justice developments. In an era of increasing and worldwide reliance on imprisonment and other punitive methods, the author argues that justice and communities would be far better served by a more enthusiastic and early shift to restorative methods. Criminal Punishment and Restorative Justice provides an international perspective on how restorative justice can bring about an altogether more enlightened approach to dealing with offenders and victims alike, against a backdrop of often spurious, traditional justifications for punishment. While acknowledging the need for a constructive use of custody and other corrections in response to serious crime, the author points out that the present over-reliance on custody can be reduced by challenging offenders to take responsibility for their offenses and to make practical reparation for their wrong-doing and repairing the harm that they have caused. The book also assesses the potential of restorative justice to make corrections more effective, civilized, humane, and pragmatic in terms of finding solutions to crime on the basis of sound principles and information, not political expediency.
Book Synopsis The Future of Punishment by : Thomas A. Nadelhoffer
Download or read book The Future of Punishment written by Thomas A. Nadelhoffer and published by Oxford University Press. This book was released on 2013-03-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility. While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.
Book Synopsis The Limits of Blame by : Erin I. Kelly
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Philosophical Perspectives on Punishment, Second Edition by : Gertrude Ezorsky
Download or read book Philosophical Perspectives on Punishment, Second Edition written by Gertrude Ezorsky and published by SUNY Press. This book was released on 2015-11-20 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historical and contemporary philosophical writings on punishment. Bringing together classic and contemporary texts, this collection considers general philosophical concepts about and justifications for punishment, along with particular issues such as the death penalty and possible alternatives to punishment. New to the second edition are sections on prison labor, solitary confinement, and issues relating to the punishment of people of color, women, and the poor. Drawing from philosophy, law, literature, and activism, Gertrude Ezorsky provides a comprehensive and up-to-date account of the philosophical issues underlying and growing out of punishment.
Book Synopsis Philosophical Perspectives on Punishment by : Gertrude Ezorsky
Download or read book Philosophical Perspectives on Punishment written by Gertrude Ezorsky and published by State University of New York Press. This book was released on 1972-06-30 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Punishment," writes J. E. McTaggart, " is pain and to inflict pain on any person obviously [requires] justification." But if the need to justify punishment is obvious, the manner of doing so is not. Philosophers have developed an array of diverse, often conflicting arguments to justify punitive institutions. Gertrude Ezorsky introduces this source book of significant historical and contemporary philosophical writings on problems of punishment with her own article, "The Ethics of Punishment." She brings together systematically the important papers and relevant studies from psychology, law, and literature, and organizes them under five subtopics: concepts of punishment, the justification of punishment, strict liability, the death penalty, and alternatives to punishment. Under these general headings forty-two papers are presented to give philosophical perspectives on punishment. Included are many (e.g., John Stuart Mill's defense of capital punishment) not generally available. This book brings together in a single volume the views of such diverse writers as Plato, St. Thomas Aquinas, Samuel Butler, Karl Marx, and Lady Barbara Wooten. Others are J. Andenaes, K. G. Armstrong, John Austin, Kurt Baier, Jeremy Bentham, F. H. Bradley, Richard Brandt, Clarence Darrow, A. C. Ewing, Joel Feinberg, "The Hon. Mr. Gilpin," H. L. A. Hart, G. W. F. Hegel, Thomas Hobbs, Immanuel Kant, J. D. Mabbott, H. J. McCloskey, J. E. McTaggart, R. Martinson, G. E. Moore, Herbert Morris, Anthony Quinton, D. Daiches Raphael, H. Rashdall, John Rawls, W. D. Ross, Royal Commission on Capital Punishment Report 1949–53, George Bernard Shaw, T. L. S. Sprigge, and R. Wasserstrom.
Book Synopsis Justice and Punishment by : Matt Matravers
Download or read book Justice and Punishment written by Matt Matravers and published by OUP Oxford. This book was released on 2000-08-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadly conceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim is that it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified. Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justification of punishment as intrinsic to morality itself.
Book Synopsis Rethinking Punishment by : Leo Zaibert
Download or read book Rethinking Punishment written by Leo Zaibert and published by Cambridge University Press. This book was released on 2018-04-19 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions.
Book Synopsis The Punishment Response by : Graeme Newman
Download or read book The Punishment Response written by Graeme Newman and published by Routledge. This book was released on 2017-07-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Punishment written by Antony Duff and published by Dartmouth Publishing Company. This book was released on 1993 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This philosophical work on punishment includes coverage of retributivisms, moral education and reform, consequentialism and rights, sentencing and how to make the punishment fit the crime, abolitionism and sociological perspectives.
Book Synopsis The Rationale of Punishment by : Jeremy Bentham
Download or read book The Rationale of Punishment written by Jeremy Bentham and published by Wentworth Press. This book was released on 1830 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Book Synopsis Escape Routes: Contemporary Perspectives on Life After Punishment by : Stephen Farrall
Download or read book Escape Routes: Contemporary Perspectives on Life After Punishment written by Stephen Farrall and published by Routledge. This book was released on 2010-12-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Escape Routes: Contemporary Perspectives on Life After Punishment addresses the reasons why people stop offending, and the processes by which they are rehabilitated or resettled back into the community. Engaging with, and building upon, renewed criminological interest in this area, Escape Routes nevertheless broadens and enlivens the current debate. First, its scope goes beyond a narrowly-defined notion of crime and includes, for example, essays on religious redemption, the lives of ex-war criminals, and the relationship between ethnicity and desistance from crime. Second, contributors to this volume draw upon a number of areas of contemporary research, including urban studies, philosophy, history, religious studies, and ethics, as well as criminology. Examining new theoretical work in the study of desistance and exploring the experiences of a number of groups whose experiences of life after punishment do not usually attract much attention, Escape Routes provides new insights about the processes associated with reform, resettlement and forgiveness. Intended to drive our understanding of life after punishment forward, its rich array of theoretical and substantive papers will be of considerable interest to criminologists, lawyers, and sociologists.
Book Synopsis Social Justice by : Loretta Capeheart
Download or read book Social Justice written by Loretta Capeheart and published by Rutgers University Press. This book was released on 2020-05-15 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye for an eye, the balance of the scales – for centuries, these and other traditional concepts exemplified the public’s perception of justice. Today, popular culture, including television shows like Law and Order, informs the public’s vision. But do age-old symbols, portrayals in the media, and existing systems truly represent justice in all of its nuanced forms, or do we need to think beyond these notions? The second edition of Social Justice: Theories, Issues, and Movements responds to the need for a comprehensive introduction to these issues. Theories of social justice are presented in an accessible fashion to encourage engagement of students, activists, and scholars with these important lines of inquiry. Issues are analyzed utilizing various theories for furthering engagement in possibilities. Struggles for justice -- from legal cases to on the ground movements -- are presented for historical context and to inform the way forward.
Book Synopsis Freedom and Criminal Responsibility in American Legal Thought by : Thomas Andrew Green
Download or read book Freedom and Criminal Responsibility in American Legal Thought written by Thomas Andrew Green and published by Cambridge University Press. This book was released on 2014-10-27 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the most fundamental problem in criminal law, the way in which free will and determinism relate to criminal responsibility.
