Author : Gregg D. Caruso
Publisher : Cambridge University Press
Page : 401 pages
File Size : 12,30 MB
Release : 2021-04-29
Category : Law
ISBN : 1108484700
Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Author : Michael Tonry
Publisher : OUP USA
Page : 304 pages
File Size : 20,53 MB
Release : 2011-12-12
Category : Law
ISBN : 0199798273
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.
Author : Ferdinand David Schoeman
Publisher : Cambridge University Press
Page : 370 pages
File Size : 19,50 MB
Release : 1987
Category : Philosophy
ISBN : 9780521339513
An examination of the responsibility individuals have for their actions and characters.
Author : Erin I. Kelly
Publisher : Harvard University Press
Page : 241 pages
File Size : 25,16 MB
Release : 2018-11-12
Category : Philosophy
ISBN : 0674980778
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.
Author : Leo Zaibert
Publisher : Cambridge University Press
Page : 278 pages
File Size : 45,61 MB
Release : 2018-04-19
Category : Philosophy
ISBN : 110867660X
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.
Author : Mark D. White
Publisher : Oxford University Press, USA
Page : 270 pages
File Size : 16,26 MB
Release : 2011-05-05
Category : Law
ISBN : 0199752230
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.
Author : Margaret R. Holmgren
Publisher : Cambridge University Press
Page : 311 pages
File Size : 34,60 MB
Release : 2012-03-12
Category : Philosophy
ISBN : 1107394422
Forgiveness and Retribution: Responding to Wrongdoing argues that ultimately, forgiveness is always the appropriate response to wrongdoing. In recent decades, many philosophers have claimed that unless certain conditions are met, we should resent those who have wronged us personally and that criminal offenders deserve to be punished. Conversely, Margaret Holmgren posits that we should forgive those who have ill-treated us, but only after working through a process of addressing the wrong. Holmgren then reflects on the kinds of laws and social practices a properly forgiving society would adopt.
Author : Leo Zaibert
Publisher : Routledge
Page : 237 pages
File Size : 40,10 MB
Release : 2016-04-15
Category : Law
ISBN : 131707324X
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.
Author : Wesley Cragg
Publisher : Franz Steiner Verlag
Page : 178 pages
File Size : 11,74 MB
Release : 1992
Category : Law
ISBN : 9783515060295
Retributivism is currently a keenly debated theory of punishment. In this volume, the contributors explore its various dimensions including its implications for sentencing and evaluate it against utilitarian options. Content: Jean Hampton: An Expressive Theory of Retribution u Brian Slattery: The Myth of Retributive Justice u Tim Dare: Retributivism, Punishment and Public Values u Anthony Duff: Alternatives to Punishment - or Alternative Punishments u Jerome Bickenbach: Duff on Non-Custodial Punishment u Sandra Marshall: Harm and Punishment in the Community. (Franz Steiner 1992)
Author : J.G. Murphy
Publisher : Springer Science & Business Media
Page : 280 pages
File Size : 30,73 MB
Release : 1979-07-31
Category : Law
ISBN : 9027709998
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
