Desert, Retribution, and Torture

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Publisher : University Press of America
ISBN 13 : 9780761821533
Total Pages : 220 pages
Book Rating : 4.8/5 (215 download)

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Book Synopsis Desert, Retribution, and Torture by : Stephen Kershnar

Download or read book Desert, Retribution, and Torture written by Stephen Kershnar and published by University Press of America. This book was released on 2001 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In general, there are two ways in which punishment is justified. Forward-looking justifications look to the good results that punishment brings about and that therefore occur after it. These results include the wrongdoer being deterred, incapacitated, or improved, as well as the deterrence of would-be wrongdoers, a decrease in costs associated with crime prevention, less fear in the community, and the promotion of hatred and disgust for actions that victimize others. In contrast, backward-looking justifications look to events that occurred before the punishment. On this approach, punishment is not justified via the good results that it brings about. The dominant backward-looking justification is retributivism. According to it, the wrongdoer in virtue of his past act deserves punishment and this desert justifies punishment. This book is an in-depth defense of retributivism. Since punitive desert lies at the heart of retributivism, it is important to provide an analysis of it. This is the focus of the first part of the book. I argue that punitive desert has to do with punishment being an intrinsically valuable event, where its value results from its standing in a certain relation to a person's having culpably performed a wrongdoing. I argue that this type of desert does not by itself contain moral duties to act in any way. In particular, it does not impose on someone the duty to punish a wrongdoer. This results in retributivism being more complex than the traditional accounts, since it must therefore involve duties that refer to but are not constituted by punitive desert. I also argue that punitive desert is independent of the wrongdoer's moral character and instead rests solely on a person's acts. Lastly, I argue that the value of punitive desert cannot be accounted for via more fundamental moral considerations. This results in punitive desert being a rather primitive moral notion in that it is not justified via more fundamental moral values. Like other intrinsically good things, e.g. friendship, and other intrinsically bad things, e.g. promise-breaking, punitive desert can be used to explain why certain states of affairs are both good and right.--Adapted from introduction.

The Case Against Punishment

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Publisher : NYU Press
ISBN 13 : 0814731848
Total Pages : 229 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Case Against Punishment by : Deirdre Golash

Download or read book The Case Against Punishment written by Deirdre Golash and published by NYU Press. This book was released on 2006-10 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Golash addresses the value of punishment in contemporary society.

Sentencing Law and Policy

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Publisher :
ISBN 13 : 9780735507098
Total Pages : 0 pages
Book Rating : 4.5/5 (7 download)

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Book Synopsis Sentencing Law and Policy by : Nora V. Demleitner

Download or read book Sentencing Law and Policy written by Nora V. Demleitner and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading text in criminal law, co-authored by leading scholars in the field, Sentencing Law and Policy draws from extensive sources to present a comprehensive overview of all aspects of criminal sentencing. Online integration with sentencing commissions, thorough treatment of current case law, and provocative notes and questions, stimulate students to consider connections between disparate institutions and examine the purposes and politics of the criminal justice system. The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more. Features: Authors are among the leading sentencing scholars in the United States. Demleitner and Berman are editors of the leading sentencing journal, Federal Sentencing Reporter. Berman is the blog master of the leading sentencing blog, with huge readership. Intuitive organization tracks the process that occurs in every criminal sentencing. Each chapter draws on the most relevant examples from three distinct sentencing worlds: guideline-determinate, indeterminate, and capital. Wide-ranging source materials, including: U.S. Supreme Court decisions. Cases from state high courts, federal appellate courts, and foreign jurisdictions. Statutes and guidelines provisions. Reports and data from sentencing commissions and other agencies. Problems and questions in text are integrated with websites of sentencing commissions, such as the site for the U.S. Sentencing Commissions (www.ussc.gov). Challenging questions ask students to compare institutions and consider the connections between specific sentencing rules and the purposes and politics of criminal justice, emphasizing the effects of sentencing. Notes tell students directly what are the most common practices in U.S. jurisdictions. Instructorsand’ website (www.sentencingbook.net) provides the Teacherand’s Manualand—available only electronically on the siteand— with additional teaching materials to be posted as needed. Studentsand’ website (www.sentencingbook.com) features longer collections of rules and guidelines, statutes, case studies, recent articles, practice problems, sample exams, and a virtual library. Thoroughly updated, the revised Third Edition includes: New Supreme Court cases, including Gall, Kimbrough, Padilla (6th Amendment), and Kennedy (child rape sentencing limits). Policy debates over mass incarceration, the relevance of the budget crisis, and the state-level variation in deincarceration. Shifting authority among key actors in the crack penalty/crack reform debate, including the Fair Sentencing Act (FSA). Expanded core study of discretion in sentencing and attention to race in sentencing, with a close study of the North Carolina Racial Justice Act and the emergence of and“racial impact statementsand” about existing systems and proposed legislation ina number of states. Death penalty abolition. Developments in state sentencing guidelines, noting stand-still in new states, and the relevance of the ALI MPC project. Emergence of and“second lookand” policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the and“supervised releaseand” that has come to replace traditional parole. Discussion of new technologies, developm

The Future of Punishment

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Publisher : Oxford University Press
ISBN 13 : 0199779201
Total Pages : 310 pages
Book Rating : 4.1/5 (997 download)

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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 2013-04-25 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twelve essays in this volume aim at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed as scholars struggle to come to grips with the picture of human agency being pieced together by researchers in the biosciences.

Retribution, Justice, and Therapy

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Publisher : Springer Science & Business Media
ISBN 13 : 9400994613
Total Pages : 255 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Retribution, Justice, and Therapy by : J.G. Murphy

Download or read book Retribution, Justice, and Therapy written by J.G. Murphy and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Capital Punishment in America

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Publisher : Jones & Bartlett Publishers
ISBN 13 : 1449605982
Total Pages : 613 pages
Book Rating : 4.4/5 (496 download)

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Book Synopsis Capital Punishment in America by : Evan Mandery

Download or read book Capital Punishment in America written by Evan Mandery and published by Jones & Bartlett Publishers. This book was released on 2011-02-28 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and updated second edition is an overview of capital punishment. It offers an examination of the death penalty, supported by statistics and Supreme Court cases, and followed by pro and con discussions. The book addresses every major issue relating to the death penalty including deterrence, racial impact, arbitrariness, its use on special populations, and methods of execution. This text challenges students to evaluate their beliefs and assumptions on each of the various issues surrounding this controversial subject. Each chapter begins with a primer of the issue to be discussed, followed by the data and critical documents necessary to make an educated assessment, and concludes with essays that offer differing viewpoints by some of the best minds in the country. New material added to the second edition includes: updated data on deterrence ; new data and articles on brutalization and cost ; new cases and articles on the death penalty for juveniles ; new case and articles on the death penalty for raping a child ; and a new chapter on methods of execution.

Of Crimes and Punishments

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Publisher : ReadHowYouWant.com
ISBN 13 : 1425029264
Total Pages : 178 pages
Book Rating : 4.4/5 (25 download)

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Book Synopsis Of Crimes and Punishments by : Cesare Bonesana

Download or read book Of Crimes and Punishments written by Cesare Bonesana and published by ReadHowYouWant.com. This book was released on 2006 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Palgrave Handbook on the Philosophy of Punishment

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Publisher : Springer Nature
ISBN 13 : 303111874X
Total Pages : 801 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis The Palgrave Handbook on the Philosophy of Punishment by : Matthew C. Altman

Download or read book The Palgrave Handbook on the Philosophy of Punishment written by Matthew C. Altman and published by Springer Nature. This book was released on 2023-03-23 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.

International Theory at the Margins

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Publisher : Policy Press
ISBN 13 : 1529229820
Total Pages : 282 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis International Theory at the Margins by : Nicholas Greenwood Onuf

Download or read book International Theory at the Margins written by Nicholas Greenwood Onuf and published by Policy Press. This book was released on 2024-03-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together thirteen of Nicholas Onuf’s previously published yet rarely cited essays. They address topics that Onuf has puzzled over for decades, including the problem of materiality in social construction, epochal change in the modern world, and the power of language.

Crime and Punishment

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Publisher : Oxford University Press
ISBN 13 : 0199644713
Total Pages : 238 pages
Book Rating : 4.1/5 (996 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 Oxford University Press. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.

Ethics in Practice

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Publisher : Wiley-Blackwell
ISBN 13 : 9780631228332
Total Pages : 680 pages
Book Rating : 4.2/5 (283 download)

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Book Synopsis Ethics in Practice by : Hugh LaFollette

Download or read book Ethics in Practice written by Hugh LaFollette and published by Wiley-Blackwell. This book was released on 2002-02-25 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics in Practice, Second Edition is a comprehensive collection of more than 60 new, newly-revised, and classic essays on fourteen contemporary moral questions. Though the selection of essays, organization of sections, and incisive general and section introductions, this book integrates ethical theory and the discussion of practical moral problems. Visit the volume's web page at: http://www.stpt.usf.edu/hhl/papers/ethics.in.practice.2nd.htm Further web resources for the volume can be found here: http://www.stpt.usf.edu/hhl/eip/

Desert and Virtue

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Publisher : Rowman & Littlefield
ISBN 13 : 9780739139363
Total Pages : 170 pages
Book Rating : 4.1/5 (393 download)

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Book Synopsis Desert and Virtue by : Stephen Kershnar

Download or read book Desert and Virtue written by Stephen Kershnar and published by Rowman & Littlefield. This book was released on 2010 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Desert and Virtue: A Theory of Intrinsic Value presents a comprehensive examination of desert and what makes people deserve things. Stephen Kershnar demonstrates how desert relates to virtue, good deeds, moral responsibility, and personal change and growth through the life process. He persuasively argues that desert is a function that relates well-being, intrinsic value, and a "ground," which is defined as a person's character or act. Kershnar also explores whether his theory is consistent with the limited responsibility people have for who they are. Desert and Virtue's insightful analysis will be particularly useful for those interested in philosophy, religion, and other fields that touch on value theory.

Desert Collapses

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Publisher : Routledge
ISBN 13 : 1000429229
Total Pages : 230 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Desert Collapses by : Stephen Kershnar

Download or read book Desert Collapses written by Stephen Kershnar and published by Routledge. This book was released on 2021-08-18 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Free Will Skepticism in Law and Society

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Publisher : Cambridge University Press
ISBN 13 : 1108661262
Total Pages : 247 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Free Will Skepticism in Law and Society by : Elizabeth Shaw

Download or read book Free Will Skepticism in Law and Society written by Elizabeth Shaw and published by Cambridge University Press. This book was released on 2019-08-29 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Self-Defense, Necessity, and Punishment

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Publisher : Routledge
ISBN 13 : 1000727475
Total Pages : 408 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Self-Defense, Necessity, and Punishment by : Uwe Steinhoff

Download or read book Self-Defense, Necessity, and Punishment written by Uwe Steinhoff and published by Routledge. This book was released on 2019-10-08 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and of rights forfeiture, the value of human life and its limits, and the principles of reciprocity and precaution. While the author’s analysis is primarily philosophical, it is informed by a metaethical stance that also places heavy emphasis on existing law and legal scholarship. In doing so, the book appeals to widely shared moral intuitions, precepts, and concepts grounded in criminal law. Self-Defense, Necessity, and Punishment offers the most comprehensive and systematic account of the ethics of self-defense. It will be of interest to scholars and graduate students working in applied ethics and moral philosophy, philosophy of law, and political philosophy.

Punishment and Ethics

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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.

War, Torture and Terrorism

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Publisher : Routledge
ISBN 13 : 1134038674
Total Pages : 214 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis War, Torture and Terrorism by : Anthony F. Lang, Jr.

Download or read book War, Torture and Terrorism written by Anthony F. Lang, Jr. and published by Routledge. This book was released on 2008-10-27 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to demonstrate how rules not only guide a variety of practices within international politics but also contribute to the chaos and tension on the part of agents in light of the structures they sustain. Four central themes- practice, legitimacy, regulation, and responsibility- reflect different dimensions of a rule governed political order. The volume does not provide a single new set of rules for governing an increasingly chaotic international system. Instead, it provides reflections upon the way in which rules can and cannot deal with practices of violence. While many assume that "obeying the rules" will bring more peaceful outcomes, the chapters in this volume demonstrate that this may occur in some cases, but more often than not the very nature of a rule governed order will create tensions and stresses that require a constant attention to underlying political dynamics. This wide-ranging volume will be of great interest to students of International Law, International Security and IR theory.