Criminal Punishment And Human Rights Convenient Morality

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Criminal Punishment and Human Rights: Convenient Morality

Author : Adnan Sattar
Publisher : Routledge
ISBN 13 : 0429861478
Total Pages : 270 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Criminal Punishment and Human Rights: Convenient Morality by : Adnan Sattar

Download or read book Criminal Punishment and Human Rights: Convenient Morality written by Adnan Sattar and published by Routledge. This book was released on 2019-03-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the ‘International Bill of Human Rights’, academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-à-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences – and longer prison sentences – in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.

Crime and Punishment

Author : Hyman Gross
Publisher : OUP Oxford
ISBN 13 : 0191630195
Total Pages : 238 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Crime and Punishment by : Hyman Gross

Download or read book Crime and Punishment written by Hyman Gross and published by OUP Oxford. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral assessment of the conduct in question, with criminal liability tracking as closely as possible the contours of morality. Versions of this view are frequently argued for in philosophical accounts of crime and punishment, and seem to be presumed by lawyers and policy makers working in the criminal justice system. Challenging such assumptions, this book considers the dominant justifications of punishment and subjects them to a piercing moral critique. It argues that none overcome the objection that people who are convicted of a serious crime and sent to prison have their basic human rights violated. The institution of criminal punishment is shown to be a regrettable necessity not deserving of the moral enthusiasm it enjoys among many politicians and the popular press. From a moral point of view, punishment is entitled at best to grudging toleration. In the course of developing the argument, the book introduces the principal issues of criminal law theory with the aim of presenting a morally enlightened perspective on crimes and why we punish them. Enforcement of the law by police, prosecutors, and courts is a matter of concern for political morality, and the principal practices of the criminal justice system are subjected to moral scrutiny. The book presents an original, engaging, and provocative approach to the philosophy of crime and punishment, challenging not only students, but a wide range of other readers to rethink the fascinating and troubling questions at the foundations of crime and punishment.

Punishment, Restorative Justice and the Morality of Law

Author : Erik Claes
Publisher : Intersentia nv
ISBN 13 : 9050954235
Total Pages : 214 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Punishment, Restorative Justice and the Morality of Law by : Erik Claes

Download or read book Punishment, Restorative Justice and the Morality of Law written by Erik Claes and published by Intersentia nv. This book was released on 2005 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.

For Capital Punishment

Author : Walter Berns
Publisher : Upa
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis For Capital Punishment by : Walter Berns

Download or read book For Capital Punishment written by Walter Berns and published by Upa. This book was released on 1991 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Ethics of Punishment

Author : Walter Hamilton Moberly
Publisher :
ISBN 13 :
Total Pages : 396 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Ethics of Punishment by : Walter Hamilton Moberly

Download or read book The Ethics of Punishment written by Walter Hamilton Moberly and published by . This book was released on 1968 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Capital Punishment

Author : Lill Scherdin
Publisher : Routledge
ISBN 13 : 1317169921
Total Pages : 344 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Capital Punishment by : Lill Scherdin

Download or read book Capital Punishment written by Lill Scherdin and published by Routledge. This book was released on 2016-04-08 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: As most jurisdictions move away from the death penalty, some remain strongly committed to it, while others hold on to it but use it sparingly. This volume seeks to understand why, by examining the death penalty’s relationship to state governance in the past and present. It also examines how international, transnational and national forces intersect in order to understand the possibilities of future death penalty abolition. The chapters cover the USA - the only western democracy that still uses the death penalty - and Asia - the site of some 90 per cent of all executions. Also included are discussions of the death penalty in Islam and its practice in selected Muslim majority countries. There is also a comparative chapter departing from the response to the mass killings in Norway in 2011. Leading experts in law, criminology and human rights combine theory and empirical research to further our understanding of the relationships between ways of governance, the role of leadership and the death penalty practices. This book questions whether the death penalty in and of itself is a hazard to a sustainable development of criminal justice. It is an invaluable resource for all those researching and campaigning for the global abolition of capital punishment.

Punishment and Ethics

Author : J. Ryberg
Publisher : Springer
ISBN 13 : 0230290620
Total Pages : 190 pages
Book Rating : 4.2/5 (32 download)

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Book Synopsis Punishment and Ethics by : J. Ryberg

Download or read book Punishment and Ethics written by J. Ryberg and published by Springer. This book was released on 2010-10-20 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.

Honor and Revenge: A Theory of Punishment

Author : Whitley R.P. Kaufman
Publisher : Springer Science & Business Media
ISBN 13 : 9400748450
Total Pages : 209 pages
Book Rating : 4.4/5 (7 download)

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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.

Punishment in International Society

Author : Wolfgang Wagner
Publisher : Oxford University Press
ISBN 13 : 0197693482
Total Pages : 257 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis Punishment in International Society by : Wolfgang Wagner

Download or read book Punishment in International Society written by Wolfgang Wagner and published by Oxford University Press. This book was released on 2024 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment in International Society examines the penal philosophies and practices in international society, arguing for the added value of a punitive lens to international politics. Bringing together an international roster of scholars from the social sciences, law, and humanities, the contributions demonstrate that punitive practices have been more prevalent than commonly acknowledged as they have often been masked as (self-)defence, reparations, or coercive diplomacy. By approaching international punishment from various disciplines, this volume sheds new light on different dimensions of the punitive practices across the globe.

Death is Different

Author : Hugo Adam Bedau
Publisher : UPNE
ISBN 13 : 9781555530082
Total Pages : 334 pages
Book Rating : 4.5/5 (3 download)

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Book Synopsis Death is Different by : Hugo Adam Bedau

Download or read book Death is Different written by Hugo Adam Bedau and published by UPNE. This book was released on 1987 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ethics, Public Policy, and Criminal Justice

Author : Frederick Elliston
Publisher :
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Ethics, Public Policy, and Criminal Justice by : Frederick Elliston

Download or read book Ethics, Public Policy, and Criminal Justice written by Frederick Elliston and published by . This book was released on 1982 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Essay on Crimes and Punishments

Author : Cesare Beccaria
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584776382
Total Pages : 274 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis An Essay on Crimes and Punishments by : Cesare Beccaria

Download or read book An Essay on Crimes and Punishments written by Cesare Beccaria and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.

Rights Forfeiture and Punishment

Author : Christopher Heath Wellman
Publisher : Oxford University Press
ISBN 13 : 0190676434
Total Pages : 256 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Rights Forfeiture and Punishment by : Christopher Heath Wellman

Download or read book Rights Forfeiture and Punishment written by Christopher Heath Wellman and published by Oxford University Press. This book was released on 2017-07-03 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.

Punishment

Author : ROB. CANTON
Publisher : Key Ideas in Criminology
ISBN 13 : 9780367152284
Total Pages : 280 pages
Book Rating : 4.1/5 (522 download)

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Book Synopsis Punishment by : ROB. CANTON

Download or read book Punishment written by ROB. CANTON and published by Key Ideas in Criminology. This book was released on 2022-06-10 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the concept of punishment: its meaning and significance, not least to those subject to it; its social, political and emotional contexts; its role in the criminal justice system; and the difficulties of bringing punishment to an end. It explores how levels of criminal punishment could and should be reduced, without compromising moral standards, public safety, or the rights of victims of crime. Core contents include: Why punishment matters, the salience of emotions in its various discourses, and the role of culture. The politicisation of punishment and legitimacy. The penal system, the prominence of the prison in research on punishment, and the role of community sanctions. The aims of punishment, its limits, and the role of power. The ethics of punishment and human rights. Punishment and social order. This book is essential reading for all criminologists, as well as students taking courses on punishment, penology, prisons and the criminal justice system.

Punishment and Desert

Author : J. Kleinig
Publisher : Springer Science & Business Media
ISBN 13 : 9401020272
Total Pages : 170 pages
Book Rating : 4.4/5 (1 download)

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Book Synopsis Punishment and Desert by : J. Kleinig

Download or read book Punishment and Desert written by J. Kleinig and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Superficial acquaintance with the literature on punishment leaves a fairly definite impression. There are two approaches to punishment - retributive and utilitarian - and while some attempts may be made to reconcile them, it is the former rather than the latter which requires the reconciliation. Taken by itself the retributive approach is primitive and unenlightened, falling short of the rational civilized humanitarian values which we have now acquired. Certainly this is the dominant impression left by 'popular' discussions of the SUbject. And retributive vs. utilitarian seems to be the mould in which most philosophical dis cussions are cast. The issues are far more complex than this. Punishment may be con sidered in a great variety of contexts - legal, educational, parental, theological, informal, etc. - and in each of these contexts several im portant moral questions arise. Approaches which see only a simple choice between retributivism and utilitarianism tend to obscure this variety and plurality. But even more seriously, the distinction between retributivism and utilitarianism is far from clear. That it reflects the traditional distinction between deontological and teleological ap proaches to ethics serves to transfer rather than to resolve the un clarity. Usually it is said that retributive approaches seek to justify acts by reference to features which are intrinsic to them, whereas utilitarian approaches appeal to the consequences of such acts. This, however, makes assumptions about the individuation of acts which are difficult to justify.

Sentencing and Human Rights

Author : Sarah J Summers
Publisher : Oxford University Press
ISBN 13 : 0192697617
Total Pages : 305 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Sentencing and Human Rights by : Sarah J Summers

Download or read book Sentencing and Human Rights written by Sarah J Summers and published by Oxford University Press. This book was released on 2022-10-06 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah J Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.

Life Imprisonment

Author : Dirk van Zyl Smit
Publisher : Harvard University Press
ISBN 13 : 0674989112
Total Pages : 428 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Life Imprisonment by : Dirk van Zyl Smit

Download or read book Life Imprisonment written by Dirk van Zyl Smit and published by Harvard University Press. This book was released on 2019-01-14 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life imprisonment has replaced the death penalty as the most common sentence imposed for heinous crimes worldwide. Consequently, it has become the leading issue of international criminal justice reform. In the first survey of its kind, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this harsh punishment.