Retribution Justice And Therapy

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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

Retribution, Justice, and Therapy

Author : J G Murphy
Publisher :
ISBN 13 : 9789400994621
Total Pages : 280 pages
Book Rating : 4.9/5 (946 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 . This book was released on 1979-07-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Retribution Reconsidered

Author : J.G. Murphy
Publisher : Springer Science & Business Media
ISBN 13 : 9401579229
Total Pages : 230 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Retribution Reconsidered by : J.G. Murphy

Download or read book Retribution Reconsidered written by J.G. Murphy and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jeffrie G. Murphy's second collection of essays further pursues the topics of punishment and retribution that were explored in his 1979 collection Retribution, Justice and Therapy. Murphy now explores these topics in the context of political philosophy as well as moral philosophy, and he now begins to develop some doubts about the version of the retributive theory with which his name has long been associated.

Criminal Justice

Author : Eleanor Hannon Judah
Publisher : Routledge
ISBN 13 : 1136372636
Total Pages : 288 pages
Book Rating : 4.1/5 (363 download)

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Book Synopsis Criminal Justice by : Eleanor Hannon Judah

Download or read book Criminal Justice written by Eleanor Hannon Judah and published by Routledge. This book was released on 2013-04-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are nearly two million inmates in America today. Are there better alternatives to incarceration? Criminal Justice: Retribution vs. Restoration presents new answers and unconventional suggestions addressing America’s overcrowded prisons and jails, high recidivism rates, and weakened family and community relationships with ex-prisoners. Experts in the field discuss the benefits and failures of America’s criminal justice system at various times in history and today, then explore possibilities to improve on that system. This groundbreaking book introduces encouraging, therapeutic approaches to criminal justice that include treatment, rehabilitation, and the direct involvement the victims, the families, and the communities. Criminal Justice looks at America’s over-reliance on punishment and retribution as the means of responding to prevalent social problems and examines the justice system’s tendency to incarcerate—rather than treat—minority, mentally ill, poor, and drug-dependent offenders. The authors—who are all active in some field of criminal justice—argue for a restorative model of correction that is more humane to both offenders and victims. This model opens up dialogue between offenders and their victims, families, and communities by promoting hallmark programs, including victim offender mediation, conferencing, peacemaking circles, restitution, and community projects and services. Criminal Justice includes such intriguing topics as: the social costs and moral economy of incarceration drug policy—should drug users be incarcerated or rehabilitated? the potential of restorative justice—a first-hand account from a prison inmate restorative justice and faith communities the practice and efficacy of restorative justice the path from fury to forgiveness—the emotions of the mother of a murdered child strategies for creating safe and just communities women in prison—their special needs both during incarceration and after re-entry social work and criminal justice—how they work together grassroots advocacy for criminal justice reform—a look back over the last 30 years by the founders of CURE (Citizens United for Rehabilitation of Errants) This book’s foundation rests on the Biblical concepts of restoration, healing, forgiveness, reconciliation, and responsibility. Criminal Justice: Retribution vs Restoration is an eye-opening look at the negative effects of our current system of blame and punishment and offers hope for better, more humane methods in the future. This holistic, empowering, and strengths-based perspective offers insight and suggestions that are valuable for students, social workers, policymakers, and criminal justice professionals.

The Right to be Different

Author : Nicholas N. Kittrie
Publisher : Penguin Group
ISBN 13 :
Total Pages : 482 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Right to be Different by : Nicholas N. Kittrie

Download or read book The Right to be Different written by Nicholas N. Kittrie and published by Penguin Group. This book was released on 1973 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trials and Punishments

Author : Antony Duff
Publisher : CUP Archive
ISBN 13 : 9780521407618
Total Pages : 340 pages
Book Rating : 4.4/5 (76 download)

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Book Synopsis Trials and Punishments by : Antony Duff

Download or read book Trials and Punishments written by Antony Duff and published by CUP Archive. This book was released on 1986 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses whether a system of criminal punishment can be justified within our legal system.

Desert, Retribution, and Torture

Author : Stephen Kershnar
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.

Punishment, Communication, and Community

Author : R. A. Duff
Publisher : Oxford University Press
ISBN 13 : 0190290390
Total Pages : 272 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Punishment, Communication, and Community by : R. A. Duff

Download or read book Punishment, Communication, and Community written by R. A. Duff and published by Oxford University Press. This book was released on 2003-05-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.

Just Deserts for Corporate Criminals

Author : Kip Schlegel
Publisher : UPNE
ISBN 13 : 9781555530761
Total Pages : 268 pages
Book Rating : 4.5/5 (37 download)

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Book Synopsis Just Deserts for Corporate Criminals by : Kip Schlegel

Download or read book Just Deserts for Corporate Criminals written by Kip Schlegel and published by UPNE. This book was released on 1990 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rethinking Incarceration

Author : Dominique DuBois Gilliard
Publisher : InterVarsity Press
ISBN 13 : 0830887733
Total Pages : 246 pages
Book Rating : 4.8/5 (38 download)

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Book Synopsis Rethinking Incarceration by : Dominique DuBois Gilliard

Download or read book Rethinking Incarceration written by Dominique DuBois Gilliard and published by InterVarsity Press. This book was released on 2018-03-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: IVP Readers' Choice Award Outreach Magazine Resource of the Year The United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to the problem. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity’s role in its evolution and expansion. He then shows how Christians can pursue justice that restores and reconciles, offering creative solutions and highlighting innovative interventions. The church has the power to help transform our criminal justice system. Discover how you can participate in the restorative justice needed to bring authentic rehabilitation, lasting transformation, and healthy reintegration to this broken system.

Doing Justice to Mercy

Author : Jonathan Rothchild
Publisher : University of Virginia Press
ISBN 13 : 0813934222
Total Pages : 288 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis Doing Justice to Mercy by : Jonathan Rothchild

Download or read book Doing Justice to Mercy written by Jonathan Rothchild and published by University of Virginia Press. This book was released on 2012-10-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often assumed that the law and religion address different spheres of human life. Religion and ethics articulate complex systems of moral reasoning that concern norms, deliberation of ends, cultivation of disposition, and transformation of moral agency. Law, in contrast, seeks to govern human conduct through procedural justice, rights, and public good. Doing Justice to Mercy challenges this assumption by presenting the reader with an urgent conversation between the law and religion that yields a constructive approach, both theoretically and practically, to the complex role of mercy in our legal process. Authored by legal practitioners, activists, and theorists in addition to theologians and ethicists, the essays collected here are informed by timeless principles, and yet they could not be timelier. The trend in sentencing moves toward an increased severity, and the number of incarcerated people in the United States is at an all-time high. In the half-decade since 9/11, moreover, homeland security has established itself as a permanent fixture in our lives. In this atmosphere, the current volume seeks initially to clarify how justice and mercy intertwine in relation to a number of issues, such as rehabilitation, the death penalty, domestic violence, and war crimes. Exploring the legal, philosophical, and theological grounds for mercy in our courts, the discussion then moves to the practical ways in which mercy may be implemented. Contributors:Marc Mauer, The Sentencing Project * Lois Gehr Livezey, McCormick Theological Seminary * Ernie Lewis, Public Advocate, Commonwealth of Kentucky * Jonathan Rothchild, Loyola Marymount University * Albert W. Alschuler, Northwestern University School of Law * David Scheffer, Northwestern University School of Law * David Little, Harvard Divinity School * Matthew Myer Boulton, Andover Newton Theological School * Mark Lewis Taylor, Princeton Theological Seminary * Sarah Coakley, Cambridge University * William Schweiker, University of Chicago Divinity School * Kevin Jung, College of William and Mary * Peter J. Paris, Princeton Theological Seminary * W. Clark Gilpin, University of Chicago Divinity School * William C. Placher, Wabash College

Free Will Skepticism in Law and Society

Author : Elizabeth Shaw
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.

Treatment for Crime

Author : David Birks
Publisher : Engaging Philosophy
ISBN 13 : 0198758618
Total Pages : 383 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Treatment for Crime by : David Birks

Download or read book Treatment for Crime written by David Birks and published by Engaging Philosophy. This book was released on 2018 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, highly restrictive of basic freedoms, and significantly harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, restrictive of freedom of movement, and rarely more than modestly effective at preventing recidivism. Crime-preventing neurointerventions (CPNs) are increasingly being advocated, and there is a growing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Future neuroscientific advances could yield further CPNs; we could ultimately have at our disposal a range of drugs capable of suppressing violent aggression and it is not difficult to imagine possible applications of such drugs in crime prevention. Neurointerventions hold out the promise of preventing recidivism in ways that are both more effective, and more humane. But should neurointerventions be used in crime prevention? And may the state ever permissibly impose CPNs as part of the criminal justice process, either unconditionally, or as a condition of parole or early release? The use of CPNs raises several ethical concerns, as they could be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought. In the first book-length treatment of this topic, Treatment for Crime, brings together original contributions from internationally renowned moral and political philosophers to address these questions and consider the possible issues, recognizing how humanity has a track record of misguided, harmful and unwarrantedly coercive use of neurotechnological 'solutions' to criminality. The Engaging Philosophy series is a new forum for collective philosophical engagement with controversial issues in contemporary society.

Justice and Punishment

Author : Matt Matravers
Publisher : OUP Oxford
ISBN 13 : 0191522554
Total Pages : 300 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Justice and Punishment by : Matt Matravers

Download or read book Justice and Punishment written by Matt Matravers and published by OUP Oxford. This book was released on 2000-08-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadly conceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim is that it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified. Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justification of punishment as intrinsic to morality itself.

Rethinking Responsibility

Author : K. E. Boxer
Publisher : Oxford University Press
ISBN 13 : 0199695326
Total Pages : 191 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Rethinking Responsibility by : K. E. Boxer

Download or read book Rethinking Responsibility written by K. E. Boxer and published by Oxford University Press. This book was released on 2013-02-07 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: K. E. Boxer explores moral responsibility, and whether it is compatible with causal determinism. She suggests that to answer this question we must focus on responsibility in the sense of liability, and that an incompatibilist view may only be preserved on an understanding of the moral desert of punishment that many find morally problematic.

Counseling and the Therapeutic State

Author : James J. Chriss
Publisher : Transaction Publishers
ISBN 13 : 9780202365206
Total Pages : 228 pages
Book Rating : 4.3/5 (652 download)

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Book Synopsis Counseling and the Therapeutic State by : James J. Chriss

Download or read book Counseling and the Therapeutic State written by James J. Chriss and published by Transaction Publishers. This book was released on with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Respect, Pluralism, and Justice

Author : Thomas E. Hill
Publisher : Clarendon Press
ISBN 13 : 0191519413
Total Pages : 294 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Respect, Pluralism, and Justice by : Thomas E. Hill

Download or read book Respect, Pluralism, and Justice written by Thomas E. Hill and published by Clarendon Press. This book was released on 2000-03-30 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Respect, Pluralism, and Justice is a series of essays which sketch a broadly Kantian framework for moral deliberation, and then use it to address important social and political issues. What does it mean to respect humanity in a diverse world? Must respect be earned, and can it be forfeited? How, and why, should the state punish law-breakers? When, if ever, is political violence justified? How far are we responsible for the consequences of our misdeeds? How can liberals justify coercive state power in a world of diverse moral and religious beliefs? How far can we rely on conscience when it conflicts with authority? Although critical of Kant's extreme position on particular issues, Hill suggests ways to develop a Kantian approach that would emphasize the need for mutually respectful dialogue, appreciation of diversity, and sensitivity to particular contexts. In this lucid exploratory work Hill integrates the theoretical and the practical, allowing each to illuminate the other. He not only develops and extends Kantian ethical theory, but shows the role that it can play in our society.