Honor And Revenge A Theory Of Punishment

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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.

Conflict and Resolution: The Ethics of Forgiveness, Revenge, and Punishment

Author : Paula Satne
Publisher : Springer Nature
ISBN 13 : 303077807X
Total Pages : 324 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Conflict and Resolution: The Ethics of Forgiveness, Revenge, and Punishment by : Paula Satne

Download or read book Conflict and Resolution: The Ethics of Forgiveness, Revenge, and Punishment written by Paula Satne and published by Springer Nature. This book was released on 2022-05-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the current climate of political division and global conflict it is not surprising that there has been an increasing interest in how we ought to respond to perceived wrongdoing, both personal and political. In this volume, top scholars from around the world contribute all new original essays on the ethics of forgiveness, revenge, and punishment. This book draws on both historical and contemporary debates in order to answer important questions about the nature of forgiveness, the power of apology, the relationship between punishment and revenge, the path to reconciliation, the morality of blame, and the role of forgiveness in political conflict. Chapter 16 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

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.

Punishment and Retribution

Author : Leo Zaibert
Publisher : Routledge
ISBN 13 : 131707324X
Total Pages : 236 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Punishment and Retribution by : Leo Zaibert

Download or read book Punishment and Retribution written by Leo Zaibert and published by Routledge. This book was released on 2016-04-15 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.

A Theory of Legal Punishment

Author : Matthew C. Altman
Publisher : Routledge
ISBN 13 : 1000379345
Total Pages : 211 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis A Theory of Legal Punishment by : Matthew C. Altman

Download or read book A Theory of Legal Punishment written by Matthew C. Altman and published by Routledge. This book was released on 2021-05-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

Getting Even

Author : Charles K. B. Barton
Publisher : Open Court Publishing
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Getting Even by : Charles K. B. Barton

Download or read book Getting Even written by Charles K. B. Barton and published by Open Court Publishing. This book was released on 1999 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author of this text aims to show that revenge is a required form of justice that should be incorporated into the criminal justice system. He argues that the current system disempowers those who are victims of crime, the accused, and their respective communities.

Exploring the Landscape of the Mind

Author : Stephen S. Clark
Publisher : Xlibris Corporation
ISBN 13 : 1524519162
Total Pages : 535 pages
Book Rating : 4.5/5 (245 download)

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Book Synopsis Exploring the Landscape of the Mind by : Stephen S. Clark

Download or read book Exploring the Landscape of the Mind written by Stephen S. Clark and published by Xlibris Corporation. This book was released on 2017-04-19 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on the premise that humankind is, first and foremost, the outcome of the process of biological evolution. Recognition of this is fundamental to our understanding of who we are and how we behave. All living things have evolved the physical and mental attributes that promote their prospects for survival; they are good at doing the things that enable them to pass on their genes to succeeding generations, and we are no exception. Of course, through the development of culture, we have gained some freedom from our biological origins. Nevertheless, evolution has constructed the foundation upon which culture is built. The first part of the book, Ourselves Interacting with the World, presents an overview of the main capabilities that evolution has endowed us with and that enable us to interact with the environment in advantageous ways. This includes our senses, which act as windows on the world and also, of great importance, our emotions and ability to remember. Our ability to think is perhaps the crowning achievement of our evolutionary journey, and, of course, we must be able to act in a timely and effective manner. The second part of the book, Living Together, traces the history of how we became social creatures. To be truly human, we had to be capable of sharing and cooperation. We also needed to be able to control our aggressiveness and talent for deception. We settled down, making the transition from hunter-gatherers to urban dwellers, and agreed upon values and norms of behavior that enhanced our ability to get along. Ultimately, we came to see good and bad as a morality of right and wrong, further augmenting group cohesiveness. In the final part of the book, Challenges and Opportunities, attention turns to a consideration of the constraints and possibilities that must be considered in looking to the future. These realities can be seen to play out in four social arenas: the pursuit of fairness, the seeking of justice, the interplay of political beliefs and good government, and ultimately, a united society that is, at the same time, a true community. Our quest for these things will be greatly aided by a deep knowledge and appreciation of our evolutionary past and the indelible imprint it has left upon us. It may even lead us to that most elusive of all things, happiness.

Payback

Author : Thane Rosenbaum
Publisher : University of Chicago Press
ISBN 13 : 022604369X
Total Pages : 325 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Payback by : Thane Rosenbaum

Download or read book Payback written by Thane Rosenbaum and published by University of Chicago Press. This book was released on 2013-04-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.

Retribution

Author : Thom Brooks
Publisher : Routledge
ISBN 13 : 1351903497
Total Pages : 407 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Retribution by : Thom Brooks

Download or read book Retribution written by Thom Brooks and published by Routledge. This book was released on 2019-10-30 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Retribution is perhaps the most popular contemporary theory about punishment and has enjoyed enduring appeal as the oldest, even most venerable, penal theory with its strong ancient roots. Retribution is understood in many different ways, but the standard view of retribution is that punishment is justified where it is deserved and an offender should be punished in proportion to his desert. In this volume, retributivism is examined from various critical perspectives, including its diversity, relation with desert, the link between desert and proportionality, retributivist emotions and the idea of mercy. The theory of retribution has been the subject of a revival of interest in recent years and the essays selected for this volume are the leading works on retribution from the dominant international figures in the field.

Of Crimes and Punishments

Author : Cesare Bonesana
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:

Forgiveness and Revenge

Author : Trudy Govier
Publisher : Psychology Press
ISBN 13 : 9780415278553
Total Pages : 230 pages
Book Rating : 4.2/5 (785 download)

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Book Synopsis Forgiveness and Revenge by : Trudy Govier

Download or read book Forgiveness and Revenge written by Trudy Govier and published by Psychology Press. This book was released on 2002 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a powerful exploration of our attitudes to serious wrong-doings and a careful examination of the values that underlie our thinking about revenge and forgiveness.This text examines the impact of revenge and forgiveness.

Getting Even

Author : Charles K. B. Barton
Publisher : Open Court Publishing
ISBN 13 : 9780812694024
Total Pages : 202 pages
Book Rating : 4.6/5 (94 download)

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Book Synopsis Getting Even by : Charles K. B. Barton

Download or read book Getting Even written by Charles K. B. Barton and published by Open Court Publishing. This book was released on 1999 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author of this text aims to show that revenge is a required form of justice that should be incorporated into the criminal justice system. He argues that the current system disempowers those who are victims of crime, the accused, and their respective communities.

Retribution or Reality?

Author : Michael S. Moore
Publisher : Wipf and Stock Publishers
ISBN 13 : 1666707333
Total Pages : 193 pages
Book Rating : 4.6/5 (667 download)

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Book Synopsis Retribution or Reality? by : Michael S. Moore

Download or read book Retribution or Reality? written by Michael S. Moore and published by Wipf and Stock Publishers. This book was released on 2023-11-09 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book of Job is one of the greatest, if not the greatest, literary accomplishments of the ancient world, yet in many ways it is just as relevant today as it was then. This book examines Job from a comparative theological perspective in order to help contemporary readers access it, learn from it, and apply its insights to contemporary life.

Punishment and Political Order

Author : Keally McBride
Publisher : University of Michigan Press
ISBN 13 : 0472901133
Total Pages : 205 pages
Book Rating : 4.4/5 (729 download)

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Book Synopsis Punishment and Political Order by : Keally McBride

Download or read book Punishment and Political Order written by Keally McBride and published by University of Michigan Press. This book was released on 2019-02-28 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most of us think of punishment as an ugly display of power. But punishment also tells us something about the ideals and aspirations of a people and their government. How a state punishes reveals whether or not it is confident in its own legitimacy and sovereignty. Punishment and Political Order examines the questions raised by the state’s exercise of punitive power—from what it is about human psychology that desires sanction and order to how the state can administer pain while calling for justice. Keally McBride's book demonstrates punishment's place at the core of political administration and the stated ideals of the polity. "From start to finish this is a terrific, engaging book. McBride offers a fascinating perspective on punishment, calling attention to its utility in understanding political regimes and their ideals. She succeeds in reminding us of the centrality of punishment in political theory and, at the same time, in providing a framework for understanding contemporary events. I know of no other book that does as much to make the subject of punishment so compelling." —Austin Sarat, Amherst College "Punishment and Political Order will be welcome reading for anyone interested in understanding law in society, punishment and political spectacle, or governing through crime control. This is a clear, accessible, and persuasive examination of punishment—as rhetoric and reality. Arguing that punishment is a complex product of the social contract, this book demonstrates the ways in which understanding the symbolic power and violence of the law provides analytical tools for examining the ideological function of prison labor today, as well as the crosscutting and contingent connections between language and identity, legitimation and violence, sovereignty and agency more generally." —Bill Lyons, Director, Center for Conflict Management, University of Akron "Philosophical explorations of punishment have often stopped with a theory of responsibility. McBride's book moves well beyond this. It shows that the problem of punishment is a central issue for any coherent theory of the state, and thus that punishment is at the heart of political theory. This is a stunning achievement." —Malcolm M. Feeley, University of California at Berkeley Keally McBride is Assistant Professor of Politics at the University of San Francisco.

Research Handbook on Legal Evolution

Author : Wojciech Zaluski
Publisher : Edward Elgar Publishing
ISBN 13 : 180392182X
Total Pages : 515 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Research Handbook on Legal Evolution by : Wojciech Zaluski

Download or read book Research Handbook on Legal Evolution written by Wojciech Zaluski and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.

Retribution, Justice, and Therapy

Author : J.G. Murphy
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

Passions and Emotions

Author : James E. Fleming
Publisher : NYU Press
ISBN 13 : 0814760147
Total Pages : 350 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Passions and Emotions by : James E. Fleming

Download or read book Passions and Emotions written by James E. Fleming and published by NYU Press. This book was released on 2013 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the history of moral, political, and legal philosophy, many have portrayed passions and emotions as being opposed to reason and good judgment. At the same time, others have defended passions and emotions as tempering reason and enriching judgment, and there is mounting empirical evidence linking emotions to moral judgment. In Passions and Emotions, a group of prominent scholars in philosophy, political science, and law explore three clusters of issues: “Passion & Impartiality: Passions & Emotions in Moral Judgment”; “Passion & Motivation: Passions & Emotions in Democratic Politics”; and “Passion & Dispassion: Passions & Emotions in Legal Interpretation.” This timely, interdisciplinary volume examines many of the theoretical and practical legal, political, and moral issues raised by such questions.