Retributivism Has a Past

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Publisher : OUP USA
ISBN 13 : 0199798273
Total Pages : 304 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Retributivism Has a Past by : Michael Tonry

Download or read book Retributivism Has a Past written by Michael Tonry and published by OUP USA. This book was released on 2011-12-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays by major figures in punishment theory, law, and philosophy that reconsiders the popularity and prospects of retributivism, the notion that punishment is morally justified because people have behaved wrongly.

Responsibility, Character, and the Emotions

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Publisher : Cambridge University Press
ISBN 13 : 9780521339513
Total Pages : 370 pages
Book Rating : 4.3/5 (395 download)

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Book Synopsis Responsibility, Character, and the Emotions by : Ferdinand David Schoeman

Download or read book Responsibility, Character, and the Emotions written by Ferdinand David Schoeman and published by Cambridge University Press. This book was released on 1987 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the responsibility individuals have for their actions and characters.

Rejecting Retributivism

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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.

Retributivism

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199752230
Total Pages : 270 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Retributivism by : Mark D. White

Download or read book Retributivism written by Mark D. White and published by Oxford University Press. This book was released on 2011-05-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors offer analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than deterrence, rehabilitation, or vengeance.

Rethinking Punishment

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Publisher : Cambridge University Press
ISBN 13 : 110867660X
Total Pages : 278 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Rethinking Punishment by : Leo Zaibert

Download or read book Rethinking Punishment written by Leo Zaibert and published by Cambridge University Press. This book was released on 2018-04-19 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions.

Punishment and Retribution

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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.

The Future of Punishment

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Publisher : Oxford University Press
ISBN 13 : 019977935X
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 2013-03-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility. While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.

Confronting Penal Excess

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509917993
Total Pages : 224 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Confronting Penal Excess by : David Hayes

Download or read book Confronting Penal Excess written by David Hayes and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions. It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, within a democratic society. Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although this inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too.

Race, Recognition and Retribution in Contemporary Youth Justice

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Publisher : Routledge
ISBN 13 : 135103944X
Total Pages : 288 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Race, Recognition and Retribution in Contemporary Youth Justice by : Esmorie Miller

Download or read book Race, Recognition and Retribution in Contemporary Youth Justice written by Esmorie Miller and published by Routledge. This book was released on 2021-12-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Race, Recognition and Retribution in Contemporary Youth Justice provides a cross-national, sociohistorical investigation of the legacy of racial discrimination, which informs contemporary youth justice practice in Canada and England. The book links racial disparities in youth justice, especially exclusion from ideologies of care and notions of future citizenship, with historical practices of exclusion. Despite the logic of care found in both rehabilitative and retributive forms of youth justice, Black inner-city youth remain excluded from lenience and social welfare considerations. This exclusion reflects a historical legacy of racial discrimination apparent in the harsher sanctions levied against Black, innercity youth. In exploring race’s role in this arrangement, the book asks: To what extent were Black youth excluded from historic considerations of the lenience and social care, built into the logic of youth justice in England and Canada? To what extent are the disproportionately high incarceration rates, for Black, inner-city youth in the contemporary system, a reflection of a historic exclusion from considerations of lenience and social care? How might contemporary justice efforts be reoriented to explicitly prioritize considerations of lenience and social care ahead of penalty for Black, inner-city youth? Examining the entrenched structural continuities of racial discrimination, the book draws on archival and interview data, with interviewees including professionals who work with inner-city youth. In concert with the archival and interview data, the book offers the intractability/malleability I/M thesis, an integrated social theoretical logic with the capacity to expand the customary analytical scope for understanding the contemporary entrenched normalization of racialized youth as punishable. The aim is to advance a historicized account, exploring youth’s positioning as constitutive of a continuity of racialized peoples’, in general, and youth’s, in particular, historic exclusion from the benefits of modern rights, including lenience and care. The I/M logic takes its analytical currency from a combined critical race theory (CRT) and recognition theory. The book argues that a truly progressive era of youth justice necessitates cultivating policy and practice which explicitly prioritizes considerations of lenience and social care, ahead of reliance on penalty. This multidisciplinary book is valuable reading for academics and students researching criminology, sociology, politics, anthropology, critical race studies, and history. It will also appeal to practitioners in the field of youth justice, policymakers, and third-sector organizations.

SOU-CCJ230 Introduction to the American Criminal Justice System

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Author :
Publisher :
ISBN 13 : 9781636350684
Total Pages : pages
Book Rating : 4.3/5 (56 download)

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Book Synopsis SOU-CCJ230 Introduction to the American Criminal Justice System by : Alison Burke

Download or read book SOU-CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Invisible Punishment

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Publisher : The New Press
ISBN 13 : 1595587365
Total Pages : 368 pages
Book Rating : 4.5/5 (955 download)

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Book Synopsis Invisible Punishment by : Meda Chesney-Lind

Download or read book Invisible Punishment written by Meda Chesney-Lind and published by The New Press. This book was released on 2011-05-10 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a series of newly commissioned essays from the leading scholars and advocates in criminal justice, Invisible Punishment explores, for the first time, the far-reaching consequences of our current criminal justice policies. Adopted as part of “get tough on crime” attitudes that prevailed in the 1980s and ’90s, a range of strategies, from “three strikes” and “a war on drugs,” to mandatory sentencing and prison privatization, have resulted in the mass incarceration of American citizens, and have had enormous effects not just on wrong-doers, but on their families and the communities they come from. This book looks at the consequences of these policies twenty years later.

The Problem of Punishment

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Publisher : Cambridge University Press
ISBN 13 : 9780521883160
Total Pages : 310 pages
Book Rating : 4.8/5 (831 download)

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Book Synopsis The Problem of Punishment by : David Boonin

Download or read book The Problem of Punishment written by David Boonin and published by Cambridge University Press. This book was released on 2008-04-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not. Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.

Criminal Justice

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Publisher : Psychology Press
ISBN 13 : 9780789000811
Total Pages : 288 pages
Book Rating : 4.0/5 (8 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 Psychology Press. This book was released on 2004 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This groundbreaking book introduces encouraging, therapeutic approaches to criminal justice that include treatment, rehabilitation, and the direct involvement of the victims, families, and communities. Its holistic, empowering, and strength-based perspective provides insight and suggestions that are valuable for students, social workers, policymakers, and criminal justice professionals.

Deserved Criminal Sentences

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509902678
Total Pages : 206 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 206 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 Routledge Handbook of Criminal Justice Ethics

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Publisher : Routledge
ISBN 13 : 1134619456
Total Pages : 398 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis The Routledge Handbook of Criminal Justice Ethics by : Jonathan Jacobs

Download or read book The Routledge Handbook of Criminal Justice Ethics written by Jonathan Jacobs and published by Routledge. This book was released on 2016-07-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.

Responsibility and Punishment

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Publisher : Springer Science & Business Media
ISBN 13 : 940170421X
Total Pages : 234 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Responsibility and Punishment by : J. Angelo Corlett

Download or read book Responsibility and Punishment written by J. Angelo Corlett and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative and lucid defense of retributivism against several long-standing criticisms. The author explores the matter of reparations for past wrongs in the case of crimes committed against Native Americans by the United States Government. Unequaled in its depth and scope of discussion the book delves deeply into particular concerns with retributivism, responsibility, and certain areas of compensation.

Doing Justice, Preventing Crime

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Publisher : Oxford University Press, USA
ISBN 13 : 0195320506
Total Pages : 257 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Doing Justice, Preventing Crime by : Michael Tonry

Download or read book Doing Justice, Preventing Crime written by Michael Tonry and published by Oxford University Press, USA. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the 2020s, no informed person disagrees that punishment policies and practices in the United States are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices; mass incarceration; the world's highest imprisonment rate; extreme disparities, especially affecting members of racial and ethnic minority groups; high rates of wrongful conviction; assembly line case processing; and a general absence of respectful consideration of offenders' interests, circumstances, and needs. The main ideas in this book about doing justice and preventing crime are simple: Treat people charged with and convicted of crimes justly, fairly, and even-handedly, as anyone would want done for themselves or their children. Take sympathetic account of the circumstances of peoples' lives. Punish no one more severely than he or she deserves. Those propositions are implicit in the Rule of Law and its requirement that the human dignity of every person be respected. Three major structural changes are needed. First, selection of judges and prosecutors, and their day-to-day work, must be insulated from political influence. Second, mandatory minimum sentence, three-strikes, life without parole, truth in sentencing, and similar laws must be repealed. Third, correctional and prosecution systems must be centralized in unified state agencies"--