Responsibility and Punishment


Book Description

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.




Punishing Hate


Book Description

Bias crimes are a scourge on our society. Is there a more terrifying image in the mind's eye than that of the burning cross? Punishing Hate examines the nature of bias-motivated violence and provides a foundation for understanding bias crimes and their treatment under the U.S. legal system. In this tightly argued book, Frederick Lawrence poses the question: Should bias crimes be punished more harshly than similar crimes that are not motivated by bias? He answers strongly in the affirmative, as do a great many scholars and citizens, but he is the first to provide a solid theoretical grounding for this intuitive agreement, and a detailed model for a bias crimes statute based on the theory. The book also acts as a strong corrective to recent claims that concern about hate crimes is overblown. A former prosecutor, Lawrence argues that the enhanced punishment of bias crimes, with a substantial federal law enforcement role, is not only permitted by doctrines of criminal and constitutional law but also mandated by our societal commitment to equality. Drawing upon a wide variety of sources, from law and criminology, to sociology and social psychology, to today's news, Punishing Hate will have a lasting impact on the contentious debate over treatment of bias crimes in America.




Retribution Reconsidered


Book Description

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.




The Philosophy of Punishment


Book Description

The series, St Andrews Studies in Philosophy and Public Life originates in the Centre for Ethics, Philosophy and Public Affairs, University of St Andrews and is under the general editorship of John Haldane. The series includes monographs, collections of essays and occasional anthologies of source material representing study in those areas of philosophy most relevant to topics of public importance, with the aim of advancing the contribution of philosophy in the discussion of these topics. In this volume, the author sets aside the usual division between theories of punishment that do or do not focus on retribution. In its place he proposes and explores the distinction between internalist and externalist theories. The final chapter discusses the deterrent value of punishment.




Crime, Punishment, and Responsibility


Book Description

For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.




Stoic Warriors


Book Description

Stoic Warriors explores the relationship between soldiers and Stoic philosophy, exploring what Stoicism actually is, the role it plays in the character of the military (both ancient and modern), and its powerful value as a philosophy of life. Marshalling anecdotes from military history--ranging from ancient Greek wars to World War II, Vietnam, and Iraq--Sherman illuminates the military mind and uses it as a window on the virtues of the Stoic philosophy. Indeed this is a perceptive investigation of what makes Stoicism so compelling not only as a guiding principle for the military, but as a philosophy for anyone facing the hardships of life.




Repentance


Book Description

There is no consensus about what someone who has violated society's rules must do in order to be fully restored to the community. Although repentance is a prominent idea in religions ranging from Judaism, Christianity, and Islam to Buddhism and Hinduism, its use in civic culture is vague and inconsistent. For example, is remorse the same as repentance? Drawing from a variety of religious and civic perspectives, the renowned contributors to this book_from the fields of theology, philosophy, and the social sciences_offer a broad understanding of repentance and its many applications. The essays question the legitimacy of repentance as a religious concept for the civic culture, exploring the way in which the religious origins of repentance might both illuminate and facilitate our civic usage of the idea. Excellent for theologians, philosophers, moral ethicists, and anyone asking, ' Who deserves a second chance?'




An Introduction to Political Theory


Book Description

"This book provides an engaging and intellectually challenging introduction to political ideologies, while at the same time giving an accessible route into the subject for those new to politics. Supported by an outstanding companion website, it has strong claims to be the best undergraduate textbook on ideologies on the market." Dr. Mike Gough, University of East Anglia Introduction to Political Theory is a text for the 21st century. It shows students why an understanding of theory is crucial to an understanding of issues and events in a rapidly shifting global political landscape. Bringing together classic and contemporary political concepts and ideologies into one book, this new text introduces the major approaches to political issues that have shaped the modern world, and the ideas that form the currency of political debate. Introduction to Political Theory relates political ideas to political realities through effective use of examples and cases studies making theory lively, contentious and relevant. This thoroughly revised and updated second edition contains new chapters on global justice and political violence, as well as an expanded treatment of globalisation and the state. A wide range of pedagogical features helps to clarify, extend and apply students’ understanding of the fundamental ideologies and concepts. This is comprised of: · Case studies demonstrate how political ideas, concepts and issues manifest in the real world · ‘Focus' boxes encourage students to appreciate alternative viewpoints · A range of thought provoking photographs challenge students to examine concepts from a different angle · Suggestions for further reading and weblinks are also provided to help students to further their understanding Introduction to Political Theory is accompanied by an innovative website with multiple choice questions, biographies of key figures in political theory, further case studies and an innovative ‘how to read’ feature which helps students get to grips with difficult primary texts.




Character, Liberty and Law


Book Description

Jeffrie G. Murphy's third collection of essays further pursues the topics of punishment and retribution that were explored in his two previous collections: Retribution, Justice and Therapy and Retribution Reconsidered. Murphy now explores these topics in the light of reflections on issues that are normally associated with religion: forgiveness, mercy, and repentance. He also explores the general issue of theory and practice and discusses a variety of topics in applied ethics - e.g., freedom of artistic expression, the morality of gambling, and the value of forgiveness in psychological counseling. As always, his perspective may be described as Kantian; and, indeed, this collection contains the first extended piece of Kant scholarship that he has done in years: a long essay on Kant on theory and practice.




Gender and Justice


Book Description

Historian Eliza Earle Ferguson's meticulously researched study of domestic violence among the working class in France uncovers the intimate details of daily life and the complex workings of court proceedings in fin-de-siècle Paris. With detective-like methods, Ferguson pores through hundreds of court records to understand why so many perpetrators of violent crime were fully acquitted. She finds that court verdicts depended on community standards for violence between couples. Her search uncovers voluminous testimony from witnesses, defendants, and victims documenting the conflicts and connections among men and women who struggled to balance love, desire, and economic need in their relationships. Ferguson's detailed analysis of these cases enables her to reconstruct the social, cultural, and legal conditions in which they took place. Her ethnographic approach offers unprecedented insight into the daily lives of nineteenth-century Parisians, revealing how they chose their partners, what they fought about, and what drove them to violence. In their battles over money and sex, couples were in effect testing, stretching, and enforcing gender roles. Gender and Justice will interest social and legal historians for its explanation of how the working class of fin-de-siècle Paris went about their lives and navigated the judicial system. Gender studies scholars will find Ferguson's analysis of the construction of gender particularly trenchant. -- Holly Grout