Harm And Blame In Punishment

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The Limits of Blame

Author : Erin I. Kelly
Publisher : Harvard University Press
ISBN 13 : 0674980778
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)

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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.

Blame

Author : D. Justin Coates
Publisher : Oxford University Press
ISBN 13 : 019986084X
Total Pages : 331 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Blame by : D. Justin Coates

Download or read book Blame written by D. Justin Coates and published by Oxford University Press. This book was released on 2013 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is it to blame someone, and when are would-be blamers in a position to do so? What function does blame serve in our lives, and is it a valuable way of relating to one another? The essays in this volume explore answers to these and related questions.

Conversation & Responsibility

Author : Michael McKenna
Publisher : OUP USA
ISBN 13 : 0199740038
Total Pages : 259 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Conversation & Responsibility by : Michael McKenna

Download or read book Conversation & Responsibility written by Michael McKenna and published by OUP USA. This book was released on 2012-03-28 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book builds upon the work of English philosopher P.F. Strawson, suggesting that moral responsibility is interpersonal and can be explained on analogy with a conversation: the relationship between a responsible agent and those holding him or her responsible is akin to the relationship between a speaker and his or her audience.

The Punisher's Brain

Author : Morris B. Hoffman
Publisher : Cambridge University Press
ISBN 13 : 1139916564
Total Pages : 373 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis The Punisher's Brain by : Morris B. Hoffman

Download or read book The Punisher's Brain written by Morris B. Hoffman and published by Cambridge University Press. This book was released on 2014-04-14 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do we punish, and why do we forgive? Are these learned behaviors, or is there something deeper going on? This book argues that there is indeed something deeper going on, and that our essential response to the killers, rapists, and other wrongdoers among us has been programmed into our brains by evolution. Using evidence and arguments from neuroscience and evolutionary psychology, Morris B. Hoffman traces the development of our innate drives to punish - and to forgive - throughout human history. He describes how, over time, these innate drives became codified into our present legal systems and how the responsibility and authority to punish and forgive was delegated to one person - the judge - or a subset of the group - the jury. Hoffman shows how these urges inform our most deeply held legal principles and how they might animate some legal reforms.

The Problem of Blame

Author : Kelly McCormick
Publisher : Cambridge University Press
ISBN 13 : 1108905463
Total Pages : 237 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Problem of Blame by : Kelly McCormick

Download or read book The Problem of Blame written by Kelly McCormick and published by Cambridge University Press. This book was released on 2022-05-05 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a case for the permissibility of reactive blame – the angry, harmful variety. Blame is a thorny philosophical problem, as it is notoriously difficult to specify the conditions under which an agent is deserving of blame, is deserving of blame in the basic sense, and furthermore why this is so. Kelly McCormick argues that sharpening the focus to reactive, angry blame can both show us how best to characterize the problem itself, and suggest a possible solution to it, because even reactive blame is both valuable and deserved in the basic sense. Finally, McCormick shows how, despite the many facets of the dark side of blame, adopting an explicitly victim-centered approach highlights a powerful argument from empathy for retaining reactive blame and its attendant attitudes and practices.

Deserved Criminal Sentences

Author : Andreas von Hirsch
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902678
Total Pages : 217 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Deserved Criminal Sentences by : Andreas von Hirsch

Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.

The Case Against Punishment

Author : Deirdre Golash
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.

The Palgrave Handbook on the Philosophy of Punishment

Author : Matthew C. Altman
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.

Running on Empty

Author : Jonice Webb
Publisher : Morgan James Publishing
ISBN 13 : 161448242X
Total Pages : 250 pages
Book Rating : 4.6/5 (144 download)

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Book Synopsis Running on Empty by : Jonice Webb

Download or read book Running on Empty written by Jonice Webb and published by Morgan James Publishing. This book was released on 2012-10-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: A large segment of the population struggles with feelings of being detached from themselves and their loved ones. They feel flawed, and blame themselves. Running on Empty will help them realize that they're suffering not because of something that happened to them in childhood, but because of something that didn't happen. It's the white space in their family picture, the background rather than the foreground. This will be the first self-help book to bring this invisible force to light, educate people about it, and teach them how to overcome it.

The Ethics of Social Punishment

Author : Linda Radzik
Publisher : Cambridge University Press
ISBN 13 : 1108836062
Total Pages : 181 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Ethics of Social Punishment by : Linda Radzik

Download or read book The Ethics of Social Punishment written by Linda Radzik and published by Cambridge University Press. This book was released on 2020-11-12 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the way ordinary people enforce morality in everyday life.

Rejecting Retributivism

Author : Gregg D. Caruso
Publisher : Cambridge University Press
ISBN 13 : 1108484700
Total Pages : 401 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Rejecting Retributivism by : Gregg D. Caruso

Download or read book Rejecting Retributivism written by Gregg D. Caruso and published by Cambridge University Press. This book was released on 2021-04-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.

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.

War Crimes

Author : Matthew Talbert
Publisher :
ISBN 13 : 019067587X
Total Pages : 185 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis War Crimes by : Matthew Talbert

Download or read book War Crimes written by Matthew Talbert and published by . This book was released on 2019 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do war crimes occur? Are perpetrators of war crimes always blameworthy? In an original and challenging thesis, this book argues that war crimes are often explained by perpetrators' beliefs, goals, and values, and in these cases perpetrators may be blameworthy even if they sincerely believed that they were doing the right thing.

Morality and Moral Controversies

Author : Steven Scalet
Publisher : Routledge
ISBN 13 : 1351839225
Total Pages : 809 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis Morality and Moral Controversies by : Steven Scalet

Download or read book Morality and Moral Controversies written by Steven Scalet and published by Routledge. This book was released on 2019-06-18 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morality and Moral Controversies, 10th Edition challenges students to critically assess today’s leading moral, social, and political issues. As a comprehensive anthology, it provides students with the tools they need to understand the philosophical ideas that are currently shaping our world. The 10th edition includes classic and contemporary readings in moral theory, the most current topics in applied ethics, and updated debates in social and political philosophy. As in the previous nine editions, the materials were selected for balance, timeliness, and accessibility after reviewing a vast range of possible articles from leading scholarly journals, mainstream periodicals, online posts, and book chapters. Hallmarks include carefully edited and philosophically relevant U.S. Supreme Court decisions, compelling readings, and contrasting points of view that reflect a broad ethical and political spectrum. Upon completing this book, readers will be able to: Understand philosophical ideas that are shaping the world today. Apply various philosophical ideas to politics, religion, ethics, economics, personal relationships, medicine, the environment and climate change, warfare, and other areas. Appreciate how to construct, apply, and evaluate basic philosophical arguments. Key updates to the 10th edition include: All material published in the actual book (in contrast to placing sections online behind a paywall, as was the case in earlier editions with a different publisher). New readings on: autonomous warfare self-driving cars the right to health care technology and privacy the value of democracy racial equality immigration.

A Philosophy of Criminal Attempts

Author : Bebhinn Donnelly-Lazarov
Publisher : Cambridge University Press
ISBN 13 : 1316298493
Total Pages : 253 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis A Philosophy of Criminal Attempts by : Bebhinn Donnelly-Lazarov

Download or read book A Philosophy of Criminal Attempts written by Bebhinn Donnelly-Lazarov and published by Cambridge University Press. This book was released on 2015-04-30 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation of criminal attempts unearths some of the most fundamental, intriguing and perplexing questions about criminal law and its place in human action. When does attempting begin? What is the relationship between attempting and intending? Do we always attempt the possible and, if so, possible to whom? Does attempting involve action and does action involve attempting? Is my attempt fixed by me or can another perspective reveal what it is? How 'much' action is needed for an attempt, how 'much' intention is needed and can these matters be decided categorically? Bebhinn Donnelly-Lazarov's answers to these questions will interest criminal law theorists, philosophers and lawyers or law reformers, who encounter the mixed practical and philosophical phenomenon of attempting. Inspired by G. E. M. Anscombe's philosophy, Part I examines attempting generally and its relationship with intention, action subjectivity, and possibility. From the conclusions reached, Part II proposes a specific theory of criminal attempts.

Wrongs and Crimes

Author : Victor Tadros
Publisher : Oxford University Press
ISBN 13 : 0199571376
Total Pages : 369 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Wrongs and Crimes by : Victor Tadros

Download or read book Wrongs and Crimes written by Victor Tadros and published by Oxford University Press. This book was released on 2016 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a philosophical investigation of the relationship between moral wrongdoing and criminalization, this book provides an account of the nature of moral wrongdoing, the sources of moral wrongdoing, why wrongdoing is the central target of criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.

Blamestorming, Blamemongers and Scapegoats

Author : Gavin Dingwall
Publisher : Policy Press
ISBN 13 : 1447304993
Total Pages : 216 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Blamestorming, Blamemongers and Scapegoats by : Gavin Dingwall

Download or read book Blamestorming, Blamemongers and Scapegoats written by Gavin Dingwall and published by Policy Press. This book was released on 2016-07-20 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first detailed criminological account of the role of blame in which the authors present a novel study of the legal process of blame attribution, set in the context of criminalisation as a social and political process. It will also be of wider interest to anyone wishing to discover the role of blame in modern society.