Justice and Punishment


Book Description

This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadly conceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim is that it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified. Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justification of punishment as intrinsic to morality itself.




The Use of Punishment


Book Description

In recent decades there has been a vast increase in the use of imprisonment and penal supervision, and to many this development appears to be qualitatively as well as quantitatively different. The causes of this development, its consequences and future course form the main point of departure for the contributors to this volume, who consider the changes that have contributed to these apparently fundamental shifts in the use of punishment. In this major new book contributors from a range of disciplines provide an integrated approach to a range of questions surrounding the use of punishment: In what ways have broader social institutions and processes contributed to penal expansion? This book is the principal outcome of the Guggenheim Punishment Project which aimed for a truly interdisciplinary account of thinking about punishment, and an outcome which was general and reflective rather than specific and policy oriented, and accessible to the generalist as well as those with a specialist interest in the field.




Philosophy of Law


Book Description

Organized around specific questions, theses and arguments, Philosophy of Law: Introducing Jurisprudence helps students get to grips with the fascinating yet often complex realm of legal philosophy. This comprehensive introduction explores fundamental questions about legal systems, legal reasoning, and legal concepts, covering a wide range of topics in jurisprudence including: • Liability • Punishment • Causation • Discretion • Precedent • Constitutional disobedience • The rule of law Packed with boxed case studies, chapter discussion questions, guides to further reading, a glossary of key terms and online resources for lecturers and students, Jeffrey Brand guides the reader through ideas in an accessible way. Philosophy of Law is ideal for use as a core textbook or as a companion to a set of primary sources.




Introduction to Sociology 3e


Book Description

Introduction to Sociology 3e aligns to the topics and objectives of many introductory sociology courses. It is arranged in a manner that provides foundational sociological theories and contexts, then progresses through various aspects of human and societal interactions. The new edition is focused on driving meaningful and memorable learning experiences related to critical thinking about society and culture. The text includes comprehensive coverage of core concepts, discussions and data relevant to a diverse audience, and features that draw learners into the discipline in powerful and personal ways. Overall, Introduction to Sociology 3e aims to center the course and discipline as crucial elements for understanding relationships, society, and civic engagement; the authors seek to lay the foundation for students to apply what they learn throughout their lives and careers. This is an adaptation of Introduction to Sociology 3e by OpenStax. You can access the textbook for free at openstax.org. Minor editorial changes were made to ensure a better reading experience. Textbook content produced by OpenStax is licensed under a Creative Commons Attribution 4.0 International License.




Beyond Punishment?


Book Description

In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of the collateral legal consequences of conviction. Considering how pervasive collateral restrictions have become and the dramatic effects such restrictions have on offenders' lives, Hoskins examines whether these extended measures of punishment are ever morally justified.




Criminal Law


Book Description

The highly anticipated Second Edition of Criminal Law introduces students to the underlying principles, legal doctrine, and rules regarding crimes, defenses, and punishment in substantive criminal law. Innovative in its case study approach, this thoroughly updated revision will help students develop analytical skills, while learning the content and context of substantive criminal law. Now with a more student-friendly format, this text guides students through theory and practice, using a blend of old and new materials to foster understanding of what the law is, how it evolved, the principles on which it is based, and how it applies to various circumstances.




Punishment and Citizenship


Book Description

Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.




Criminal Law


Book Description

The highly anticipated Second Edition of Criminal Law introduces students to the underlying principles, legal doctrine, and rules regarding crimes, defenses, and punishment in substantive criminal law. Innovative in its case study approach, this thoroughly updated revision will help students develop analytical skills, while learning the content and context of substantive criminal law. Now with a more student-friendly format, this text guides students through theory and practice, using a blend of old and new materials to foster understanding of what the law is, how it evolved, the principles on which it is based, and how it applies to various circumstances.




The Role of Social Sanctions in Modern Societies


Book Description

Deviance is a behavior that goes against the social norms of society and causes adverse social reaction. Some behaviors are considered to be to be so dangerous that governments adopt written laws that prohibit the act. Criminality is a violation of the law and is an extremely serious type of deviation which is troubling to the majority of Americans. The fact that both deviance as well as criminality trigger negative social reactions, reminds us that every society must ensure that its citizens follow social rules when they interact. Social control refers to the ways that a society attempts to stop and punish the behavior that is in violation of rules. As a society such as that of the United States has informal and formal norms, it also has formal and informal social control. The majority of the time informal control of social behavior is employed to limit behavior that goes against informal norms, while official social controls are used to limit those who violate formal norms. It is common for us to avoid violating informal norms, even if we even contemplate breaking them at all as we are afraid of the negative reactions of others. These reactions, and consequently instances of social control that is not formal are anger, frustration as well as ostracism and ridicule. The formal social control system is a common practice in the United States typically involves the legal system (police judges, prosecutors and police as well as corrections officials) as well as for companies and businesses, the various local, state or federal regulators that comprise this regulatory structure. Social control isn't always complete, and there are there are so many rules and norms that exist that there will always be those who break rules. In fact, Mile Durkheim (1895/1962), Durkheim, E. (1962). The sociological principles technique (Ed. S. Luke's). New York, NY: Free Press. (Original work published in 1895) one of the founders of sociology was discussed within emphasized that an ideal society that is free of deviation is unattainable due to at two main reasons. The first reason is that our collective consciousness isn't enough strong to stop any rules breaking. Even in the "society of saints," like a monastery rules are bound to be violated with negative social responses are triggered. Furthermore, since deviance fulfills various important social functions. Any given society "invents" deviance by defining certain actions as being deviant, and those who engage in these behaviors as deviants. Since Durkheim considered deviance to be normal due to this reason, he believed it to be a normal element of any healthy society. While deviant behavior is not uncommon in this sense but it's evident that some individuals are more inclined than others to engage in it. It's also true that certain regions within a society have higher levels of deviation than other areas for instance, U.S. cities have more violent crimes than rural regions. But Durkheim's monastic example brings up an important issue about the degree of deviation: whether or not a particular behavior is considered to be deviant is based on the conditions under which it occurs, and not the act the behavior itself. While talking may be considered to be deviant in a monastery, it could definitely be considered to be normal in other settings. If an attacker, for instance an unidentified young man, kills one of his victims, he is likely to be charged with arrest as well as prosecution, and in some states, execution. However, if a soldier kills an enemy during war it could be regarded as a hero. In either case, killing is a possibility but the context and the reasons behind the killing decide if the perpetrator is punished or awarded an award.




Fundamental Principles of Law and Economics


Book Description

This textbook places the relationship between law and economics in its international context, explaining the fundamentals of this increasingly important area of teaching and research in an accessible and straightforward manner. In presenting the subject, Alan Devlin draws on the neoclassical tradition of economic analysis of law while also showcasing cutting- edge developments, such as the rise of behavioural economic theories of law. Key features of this innovative book include: case law, directives, regulations, and statistics from EU, UK, and US jurisdictions are presented clearly and contextualised for law students, showing how law and economics theory can be understood in practice; succinct end- of-chapter summaries highlight the essential points in each chapter to focus student learning; further reading is provided at the end of each chapter to guide independent research. Making use of tables and diagrams throughout to facilitate understanding, this text provides a comprehensive overview of law-and-economics that is ideal for those new to the subject and for use as a course text for law-and-economics modules.