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Punishment And Freedom
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Book Synopsis Punishment and Freedom by : Alan Brudner
Download or read book Punishment and Freedom written by Alan Brudner and published by OUP Oxford. This book was released on 2009-07-16 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
Book Synopsis Punishment and Freedom by : Devora Steinmetz
Download or read book Punishment and Freedom written by Devora Steinmetz and published by University of Pennsylvania Press. This book was released on 2008-06-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment and Freedom offers a fresh look at classical rabbinic texts about criminal law from the perspective of legal and moral philosophy, arguing that the Rabbis constructed an extreme positivist view of law that is based in divine command and that is related to the rabinnic notion notion of human freedom and responsibility.
Book Synopsis Punishment and Freedom by : Alan Brudner
Download or read book Punishment and Freedom written by Alan Brudner and published by OUP Oxford. This book was released on 2009-07-16 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a novel theory of the criminal law that focuses, not on when it is appropriate to blame and make suffer an individual character, but on when it is legitimate to deprive a free agent of its liberty and on how it is possible to reconcile punishment with individual freedom.
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.
Book Synopsis Punishment and Freedom by : Alan Brudner
Download or read book Punishment and Freedom written by Alan Brudner and published by Oxford University Press. This book was released on 2012-02-23 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an original theory on the nature of crimimal law, this text provides an understanding of apparent contradictions and paradoxes within the field.
Book Synopsis Freedom from Cruel and Unusual Punishment by : Kristin O'Donnell Tubb
Download or read book Freedom from Cruel and Unusual Punishment written by Kristin O'Donnell Tubb and published by Greenhaven Publishing. This book was released on 2005 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the history of the Bill of Rights and examines the events that led to their formation including the Articles of Confederation and Constitution as well as a detailed explanation of those rights and other important amendments to the Constitution.
Book Synopsis Executing Freedom by : Daniel LaChance
Download or read book Executing Freedom written by Daniel LaChance and published by University of Chicago Press. This book was released on 2018-02-09 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-1990s, as public trust in big government was near an all-time low, 80% of Americans told Gallup that they supported the death penalty. Why did people who didn’t trust government to regulate the economy or provide daily services nonetheless believe that it should have the power to put its citizens to death? That question is at the heart of Executing Freedom, a powerful, wide-ranging examination of the place of the death penalty in American culture and how it has changed over the years. Drawing on an array of sources, including congressional hearings and campaign speeches, true crime classics like In Cold Blood, and films like Dead Man Walking, Daniel LaChance shows how attitudes toward the death penalty have reflected broader shifts in Americans’ thinking about the relationship between the individual and the state. Emerging from the height of 1970s disillusion, the simplicity and moral power of the death penalty became a potent symbol for many Americans of what government could do—and LaChance argues, fascinatingly, that it’s the very failure of capital punishment to live up to that mythology that could prove its eventual undoing in the United States.
Book Synopsis Beyond Freedom and Dignity by : B. F. Skinner
Download or read book Beyond Freedom and Dignity written by B. F. Skinner and published by Hackett Publishing. This book was released on 2002-03-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this profound and profoundly controversial work, a landmark of 20th-century thought originally published in 1971, B. F. Skinner makes his definitive statement about humankind and society. Insisting that the problems of the world today can be solved only by dealing much more effectively with human behavior, Skinner argues that our traditional concepts of freedom and dignity must be sharply revised. They have played an important historical role in our struggle against many kinds of tyranny, he acknowledges, but they are now responsible for the futile defense of a presumed free and autonomous individual; they are perpetuating our use of punishment and blocking the development of more effective cultural practices. Basing his arguments on the massive results of the experimental analysis of behavior he pioneered, Skinner rejects traditional explanations of behavior in terms of states of mind, feelings, and other mental attributes in favor of explanations to be sought in the interaction between genetic endowment and personal history. He argues that instead of promoting freedom and dignity as personal attributes, we should direct our attention to the physical and social environments in which people live. It is the environment rather than humankind itself that must be changed if the traditional goals of the struggle for freedom and dignity are to be reached. Beyond Freedom and Dignity urges us to reexamine the ideals we have taken for granted and to consider the possibility of a radically behaviorist approach to human problems--one that has appeared to some incompatible with those ideals, but which envisions the building of a world in which humankind can attain its greatest possible achievements.
Book Synopsis Discipline and Punish by : Michel Foucault
Download or read book Discipline and Punish written by Michel Foucault and published by Vintage. This book was released on 2012-04-18 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Book Synopsis Money and the Governance of Punishment by : Patricia Faraldo Cabana
Download or read book Money and the Governance of Punishment written by Patricia Faraldo Cabana and published by Taylor & Francis. This book was released on 2017-06-26 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.
Book Synopsis When People Want Punishment by : Lily L. Tsai
Download or read book When People Want Punishment written by Lily L. Tsai and published by Cambridge University Press. This book was released on 2021-08-12 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the backdrop of rising populism around the world and democratic backsliding in countries with robust, multiparty elections, this book asks why ordinary people favor authoritarian leaders. Much of the existing scholarship on illiberal regimes and authoritarian durability focuses on institutional explanations, but Tsai argues that, to better understand these issues, we need to examine public opinion and citizens' concerns about retributive justice. Government authorities uphold retributive justice - and are viewed by citizens as fair and committed to public good - when they affirm society's basic values by punishing wrongdoers who act against these values. Tsai argues that the production of retributive justice and moral order is a central function of the state and an important component of state building. Drawing on rich empirical evidence from in-depth fieldwork, original surveys, and innovative experiments, the book provides a new framework for understanding authoritarian resilience and democratic fragility.
Book Synopsis The Illusion of Free Markets by : Bernard E. Harcourt
Download or read book The Illusion of Free Markets written by Bernard E. Harcourt and published by Harvard University Press. This book was released on 2012-11-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely believed today that the free market is the best mechanism ever invented to efficiently allocate resources in society. Just as fundamental as faith in the free market is the belief that government has a legitimate and competent role in policing and the punishment arena. This curious incendiary combination of free market efficiency and the Big Brother state has become seemingly obvious, but it hinges on the illusion of a supposedly natural order in the economic realm. The Illusion of Free Markets argues that our faith in “free markets” has severely distorted American politics and punishment practices. Bernard Harcourt traces the birth of the idea of natural order to eighteenth-century economic thought and reveals its gradual evolution through the Chicago School of economics and ultimately into today’s myth of the free market. The modern category of “liberty” emerged in reaction to an earlier, integrated vision of punishment and public economy, known in the eighteenth century as “police.” This development shaped the dominant belief today that competitive markets are inherently efficient and should be sharply demarcated from a government-run penal sphere. This modern vision rests on a simple but devastating illusion. Superimposing the political categories of “freedom” or “discipline” on forms of market organization has the unfortunate effect of obscuring rather than enlightening. It obscures by making both the free market and the prison system seem natural and necessary. In the process, it facilitated the birth of the penitentiary system in the nineteenth century and its ultimate culmination into mass incarceration today.
Book Synopsis Cruel and Unusual Punishment by : Joseph A. Melusky
Download or read book Cruel and Unusual Punishment written by Joseph A. Melusky and published by Bloomsbury Publishing USA. This book was released on 2003-02-21 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue. The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment." Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes.
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:
Book Synopsis Punishment in Popular Culture by : Austin Sarat
Download or read book Punishment in Popular Culture written by Austin Sarat and published by NYU Press. This book was released on 2015-06-05 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Criminal Justice – Law Enforcement 105046 and Professional Studies 105045 programs.
Book Synopsis Punishment Without Crime by : Alexandra Natapoff
Download or read book Punishment Without Crime written by Alexandra Natapoff and published by Basic Books. This book was released on 2018-12-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Book Synopsis Punishment and Freedom by : Alan Brudner
Download or read book Punishment and Freedom written by Alan Brudner and published by Oxford University Press. This book was released on 2012-03-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
