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The Capacity To Punish
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Book Synopsis The Capacity to Punish by : Henry N. Pontell
Download or read book The Capacity to Punish written by Henry N. Pontell and published by Indiana University Press. This book was released on 1985-02-22 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between crime, demographic characteristics, criminal justice resources, court processing and final sanctioning outcomes at the court level in the U.S. in the context of deterrence theory. It concludes that current criminal justice practices, especially the extremely low probability of certain and severe punishment, make the deterrent effect of punishment minimal under the current system of criminal justice. Court caseloads, influenced particularly be the degree of inequality in the population, appear to be pushing down the formal penalty structures, and hence the probability of sanction. The inability of courts to produce severe and certain sanctions is also linked to the overfunding of police relative to other criminal justice agencies, especially the office of the prosecutor. Putting more cops on the beat might actually lead to further erosion of the deterrent effect of punishment, as more violators are pushed through the 'revolving door' of the courts.
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 The Powers that Punish by : Charles Bright
Download or read book The Powers that Punish written by Charles Bright and published by University of Michigan Press. This book was released on 2010-05-18 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a pathbreaking study of a major state prison, Michigan's Jackson State Penitentiary during the middle years of this century, Charles Bright addresses several aspects of the history and theory of punishment. The study is an institutional history of an American penitentiary, concerned with how a carceral regime was organized and maintained, how prisoners were treated and involved in the creation of a regime of order and how penal practices were explained and defended in public. In addition, it is a meditation upon punishment in modern society and a critical engagement with prevailing theories of punishment coming out of liberal, Marxist and post structuralist traditions. Deploying theory critically in a historic narrative, it applies new, relational theories of power to political institutions and practices. Finally, in studying the history of the Jackson prison, Bright provides a rich account, full of villains and a few heroes, of state politics in Michigan during a period of rapid transition between the 1920s to the 1950s. The book will be of direct relevance to criminologists and scholars of punishment, and to historians concerned with the history of punishment and prisons in the United States. It will also be useful to political scientists and historians concerned with exploring new approaches to the study of power and with the transformation of state politics in the 1930s and 1940s. Finally Bright tells a story which will fascinate students of modern Michigan history. Charles Bright is a historian and Lecturer at the Residential College of the University of Michigan.
Book Synopsis The Power to Punish by : David Garland
Download or read book The Power to Punish written by David Garland and published by . This book was released on 1992 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law as Punishment / Law as Regulation by : Austin Sarat
Download or read book Law as Punishment / Law as Regulation written by Austin Sarat and published by Stanford University Press. This book was released on 2011-08-29 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
Book Synopsis Coercive Power in Social Exchange by : Linda D. Molm
Download or read book Coercive Power in Social Exchange written by Linda D. Molm and published by Cambridge University Press. This book was released on 1997-01-28 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coercive Power in Social Exchange describes the progression and results of a decade-long program of experimental research on power in social exchange relations. Exchange theorists have traditionally excluded punishment and coercion from the scope of their analyses; Molm examines whether exchange theory can be expanded to include both reward and coercive power. Working within the framework of Emerson's power-dependence theory, but also drawing on the decision theory concepts of strategic action and loss aversion, Molm develops and tests a theory of coercion in social exchange that emphasizes the interdependence of these two bases of power. Her work shows that reward power and coercive power are fundamentally different, not only in their effects on behavior but also in the structural incentive to use power and the risks of power use. When exchanges are nonnegotiated and secured by the "shadow of the future", rather than by binding agreements, dependence both encourages and constrains the use of coercion.
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.
Book Synopsis The Cambridge Companion to Hobbes's Leviathan by : Patricia Springborg
Download or read book The Cambridge Companion to Hobbes's Leviathan written by Patricia Springborg and published by Cambridge University Press. This book was released on 2007-07-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This Companion makes a new departure in Hobbes scholarship, addressing a philosopher whose impact was as great on Continental European theories of state and legal systems as it was at home. This volume is a systematic attempt to incorporate work from both the Anglophone and Continental traditions, bringing together newly commissioned work by scholars from ten different countries in a topic-by-topic sequence of essays that follows the structure of Leviathan, re-examining the relationship among Hobbes's physics, metaphysics, politics, psychology, and religion. Collectively they showcase important revisionist scholarship that re-examines both the context for Leviathan and its reception, demonstrating the degree to which Hobbes was indebted to the long tradition of European humanist thought. This Cambridge Companion shows that Hobbes's legacy was never lost and that he belongs to a tradition of reflection on political theory and governance that is still alive, both in Europe and in the diaspora.
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 216 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.
Book Synopsis The Practice of Punishment by : Wesley Cragg
Download or read book The Practice of Punishment written by Wesley Cragg and published by Routledge. This book was released on 2003-09-02 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.
Book Synopsis Understanding Foucault, Understanding Modernism by : David Scott
Download or read book Understanding Foucault, Understanding Modernism written by David Scott and published by Bloomsbury Publishing USA. This book was released on 2017-02-23 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michel Foucault remains to this day a thinker who stands unchallenged as one of the most important of the 20th century. Among the characteristics that have made him influential is his insistent blurring of the border separating philosophy and literature and art, carried out on the basis of his confronting the problem of modernism, which he characterizes as a permanent task. To that end, even his most explicitly historical or strictly epistemological and methodological enquiries, which on their surface would seem not to have anything to do with literature, are full of allusions to modernist writers and artists like Mallarme, Baudelaire, Artaud, Klee, Borges, Broch-sometimes fleetingly, sometimes more extensively, as is the case with Foucault's life-long devotion to Bataille, Klossowski, Blanchot, and de Sade. Understanding Foucault, Understanding Modernism shows, on the one hand, that literature and the arts play a fundamental structural role in Foucault's works, while, on the other hand, it shifts to the foreground what it presumes to be motivating Foucault: the interrogation of the problem of modernism.
Download or read book Punished by Rewards written by Alfie Kohn and published by Mariner Books. This book was released on 1999 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criticizes the system of motivating through reward, offering arguments for motivating people by working with them instead of doing things to them.
Book Synopsis The Right to Punish by : Luise Müller
Download or read book The Right to Punish written by Luise Müller and published by Cambridge University Press. This book was released on 2024-05-31 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: What gives international courts the authority to punish individuals for international crimes? Through the lens of political philosophy, Luise Müller provides an original perspective on the justification of the authority of international criminal courts and tribunals. She argues that institutions of international criminal justice are permitted to pierce the sovereignty of states in order to punish high-profile politicians for genocide, crimes against humanity, war crimes, and other mass human rights violations. Their right to punish is justified by virtue of their function to deter mass violations of fundamental human rights. However, to legitimately exercise that right, international criminal justice institutions must fulfil two conditions: first, they must conduct criminal trials with the highest level of fairness; second, they must treat those who are subject to their authority as equals. This last condition can be satisfied by international criminal justice institutions by including procedures of democratic decision-making and democratic accountability.
Book Synopsis The Philosophical Foundations of Extraterritorial Punishment by : Alejandro Chehtman
Download or read book The Philosophical Foundations of Extraterritorial Punishment written by Alejandro Chehtman and published by Oxford University Press. This book was released on 2010-12-09 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Rights, Individuals, and States; 2. An Interest-based Justification for the Right to Punish; 3. Extraterritorial Jurisdiction over Municipal Crimes; 4. A Theory of International Crimes; 5. Extraterritorial Jurisdiction over International Crimes; 6. Legitimate Authority and Extraterritorial Punishment; 7. Conclusion.
Book Synopsis Punishment and Modern Society by : David Garland
Download or read book Punishment and Modern Society written by David Garland and published by University of Chicago Press. This book was released on 1993-06-15 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: He first comprehensive account of the role of punishment in modern society, this book buils upon the work of Durkheim, Foucault, and others, and provides a fascinating interpretation of this complex social institution, showing how penal institutions interact with strategies of power, socio-economic structures, and cultural sensibilities.
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 370 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.
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.