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Punishment And Desert
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Book Synopsis Punishment and Desert by : J. Kleinig
Download or read book Punishment and Desert written by J. Kleinig and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Superficial acquaintance with the literature on punishment leaves a fairly definite impression. There are two approaches to punishment - retributive and utilitarian - and while some attempts may be made to reconcile them, it is the former rather than the latter which requires the reconciliation. Taken by itself the retributive approach is primitive and unenlightened, falling short of the rational civilized humanitarian values which we have now acquired. Certainly this is the dominant impression left by 'popular' discussions of the SUbject. And retributive vs. utilitarian seems to be the mould in which most philosophical dis cussions are cast. The issues are far more complex than this. Punishment may be con sidered in a great variety of contexts - legal, educational, parental, theological, informal, etc. - and in each of these contexts several im portant moral questions arise. Approaches which see only a simple choice between retributivism and utilitarianism tend to obscure this variety and plurality. But even more seriously, the distinction between retributivism and utilitarianism is far from clear. That it reflects the traditional distinction between deontological and teleological ap proaches to ethics serves to transfer rather than to resolve the un clarity. Usually it is said that retributive approaches seek to justify acts by reference to features which are intrinsic to them, whereas utilitarian approaches appeal to the consequences of such acts. This, however, makes assumptions about the individuation of acts which are difficult to justify.
Book Synopsis The Limits of Blame by : Erin I. Kelly
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
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.
Book Synopsis Ethics in Practice by : Hugh LaFollette
Download or read book Ethics in Practice written by Hugh LaFollette and published by Wiley-Blackwell. This book was released on 2002-02-25 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics in Practice, Second Edition is a comprehensive collection of more than 60 new, newly-revised, and classic essays on fourteen contemporary moral questions. Though the selection of essays, organization of sections, and incisive general and section introductions, this book integrates ethical theory and the discussion of practical moral problems. Visit the volume's web page at: http://www.stpt.usf.edu/hhl/papers/ethics.in.practice.2nd.htm Further web resources for the volume can be found here: http://www.stpt.usf.edu/hhl/eip/
Book Synopsis Deserved Criminal Sentences by : Andreas von Hirsch
Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
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.
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.
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 237 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.
Download or read book Moral Desert written by Howard Simmons and published by University Press of America. This book was released on 2010-02-23 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Moral Desert, Howard Simmons notes that the idea that we deserve to be praised or rewarded for good behavior and blamed or punished when we act badly seems central to everyone's moral deliberation and practices. Simmons subjects this assumption to critical scrutiny. He argues that in a wide range of cases it is almost impossible to know the extent of people's moral responsibility, and indeed that it may be a complete delusion. He attacks the still-popular theory of retributive punishment, with special reference to the views of Peter French and J. Angelo Corlett. Simmons does not conclude that punishment is always unjustified, but insists that any justification should relate to its real world consequences. State punishment should be inflicted according to strict consequentialist precepts, and the author provides systematic principles for determining an appropriate sentence and for deciding when offenders should be excused. He also considers the implications of his views for distributive justice and personal morality.
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 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.
Book Synopsis Intuitions of Justice and the Utility of Desert by : Paul H. Robinson
Download or read book Intuitions of Justice and the Utility of Desert written by Paul H. Robinson and published by Oxford University Press, USA. This book was released on 2013-05-23 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research suggests that people of all demographics have nuanced and sophisticated notions of justice. Intuitions of Justice and the Utility of Desert sketches the contours of a wide range of lay judgments of justice, touching many if not most of the issues that penal code drafters or policy makers must face.
Download or read book Just Deserts written by Daniel C. Dennett and published by John Wiley & Sons. This book was released on 2021-01-14 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of free will is profoundly important to our self-understanding, our interpersonal relationships, and our moral and legal practices. If it turns out that no one is ever free and morally responsible, what would that mean for society, morality, meaning, and the law? Just Deserts brings together two philosophers – Daniel C. Dennett and Gregg D. Caruso – to debate their respective views on free will, moral responsibility, and legal punishment. In three extended conversations, Dennett and Caruso present their arguments for and against the existence of free will and debate their implications. Dennett argues that the kind of free will required for moral responsibility is compatible with determinism – for him, self-control is key; we are not responsible for becoming responsible, but are responsible for staying responsible, for keeping would-be puppeteers at bay. Caruso takes the opposite view, arguing that who we are and what we do is ultimately the result of factors beyond our control, and because of this we are never morally responsible for our actions in the sense that would make us truly deserving of blame and praise, punishment and reward. Just Deserts introduces the concepts central to the debate about free will and moral responsibility by way of an entertaining, rigorous, and sometimes heated philosophical dialogue between two leading thinkers.
Download or read book Punishment written by Thom Brooks and published by Routledge. This book was released on 2021-03-30 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.
Book Synopsis The Oxford Handbook of Distributive Justice by : Serena Olsaretti
Download or read book The Oxford Handbook of Distributive Justice written by Serena Olsaretti and published by Oxford University Press. This book was released on 2018 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributive justice has come to the fore in political philosophy: how should we arrange our social and economic institutions so as to distribute benefits and burdens fairly? Thirty-eight leading figures from philosophy and political theory present specially written critical assessments of the key issues in this flourishing area of research.
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Book Synopsis Desert Collapses by : Stephen Kershnar
Download or read book Desert Collapses written by Stephen Kershnar and published by Routledge. This book was released on 2021-08-18 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: People consider desert part of our moral world. It structures how we think about important areas such as love, punishment, and work. This book argues that no one deserves anything. If this is correct, then claims that people deserve general and specific things are false. At the heart of desert is the notion of moral credit or discredit. People deserve good things (credit) when they are good people or do desirable things. These desirable things might be right, good, or virtuous acts. People deserve bad things (discredit) when they are bad people or do undesirable things. On some theories, people deserve credit in general terms. For instance, they deserve a good life. On other theories, people deserve credit in specific terms. For instance, they deserve specific incomes, jobs, punishments, relationships, or reputations. The author’s argument against desert rests on three claims: There is no adequate theory of what desert is. Even if there were an adequate theory of what desert is, nothing grounds (justifies) desert. Even if there were an adequate theory of what desert is and something were to ground it, there is no plausible account of what people deserve. Desert Collapses will be of interest to researchers and advanced students working in ethics and political philosophy.
Book Synopsis The Injustice of Punishment by : Bruce N. Waller
Download or read book The Injustice of Punishment written by Bruce N. Waller and published by Routledge. This book was released on 2017-10-19 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Injustice of Punishment emphasizes that we can never make sense of moral responsibility while also acknowledging that punishment is sometimes unavoidable. Recognizing both the injustice and the necessity of punishment is painful but also beneficial. It motivates us to find effective means of minimizing both the use and severity of punishment, and encourages deeper inquiry into the causes of destructive behavior and how to change those causes in order to reduce the need for punishment. There is an emerging alternative to the comfortable but destructive system of moral responsibility and just deserts. That alternative is not the creation of philosophers but of sociologists, criminologists, psychologists, and workplace engineers; it was developed, tested, and employed in factories, prisons, hospitals, and other settings; and it is writ large in the practices of cultures that minimize belief in individual moral responsibility. The alternative marks a promising path to less punishment, less coercive control, deeper common commitment, and more genuine freedom.
