Author : Christopher Heath Wellman
Publisher : Oxford University Press
Page : 241 pages
File Size : 11,87 MB
Release : 2017
Category : Law
ISBN : 019027476X
In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.
Author : David Boonin
Publisher : Cambridge University Press
Page : pages
File Size : 48,83 MB
Release : 2008-04-14
Category : Philosophy
ISBN : 1139470787
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.
Author : María José Falcón y Tella
Publisher : BRILL
Page : 288 pages
File Size : 46,17 MB
Release : 2006-05-01
Category : Law
ISBN : 9047418026
This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. Studies and works dedicated to punishment are scarce compared to those dedicated to Crime Theory or some aspect thereof. The book reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law. Moving from the most abstract and general to the most concrete and specific, various themes relating to the concept of punishment are distinguished. These themes are not exactly equivalent but are, nevertheless, often confused with one another. They are: Punishment; Punitive Practice; Sentence and Penalty. Of these the third – Sentence, which is almost the least generic concept dealt with, having to do with that area of law which basically constitutes Criminal Law – forms the central part of the work. In this section, via a dual structure, the distinction is made between punishments and deterrents, as the prime types of punitive practice, with a distinct historical tradition, diverse bases and functions, around which different sorts of theories and schools have developed. The book ends with a series of critical conclusions as to what, in the opinion of the authors, should be a correct conception of punishment.
Author : Charles Bright
Publisher : University of Michigan Press
Page : 262 pages
File Size : 31,47 MB
Release : 2010-05-18
Category : Law
ISBN : 047202311X
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.
Author : Michel Foucault
Publisher : Vintage
Page : 354 pages
File Size : 43,87 MB
Release : 2012-04-18
Category : Social Science
ISBN : 0307819299
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.
Author : Cesare Beccaria
Publisher : The Lawbook Exchange, Ltd.
Page : 274 pages
File Size : 45,18 MB
Release : 2006
Category : Criminal justice, Administration of
ISBN : 1584776382
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Author : Rob Canton
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 24,18 MB
Release : 2017-09-16
Category : Social Science
ISBN : 1350306053
Why do we punish? Is it because only punishment can achieve justice for victims and 'right the wrong' of a crime? Or is it justified because it reduces crime, by deterring potential offenders, offering rehabilitative treatment to others and incapacitating the most dangerous? The complex answers to this enduring question vary across time and place, and are directly linked to people's personal, cultural, social, religious and ethical commitments and even their sense of identity. This unique introduction to the philosophy of punishment provides a systematic analysis of the themes of retribution, deterrence, rehabilitation, incapacitation and restorative justice. Integrating philosophical, sociological, political and ethical perspectives, it provides a thorough and wide-ranging discussion of the purposes, meanings and justifications of punishment for crime and the extent to which punishment does, could or should live up to what it claims to achieve. Why Punish? challenges criminology and criminal justice students as well as policy makers, judges, magistrates and criminal justice practitioners to think more critically about the role of punishment and the moral principles that underpin it. Bridging abstract theory with the realities of practice, Rob Canton asks what better punishment would look like and how it can be achieved.
Author : Gabriel Hallevy
Publisher : Springer Science & Business Media
Page : 249 pages
File Size : 44,7 MB
Release : 2012-10-12
Category : Law
ISBN : 3642323871
Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Author : Austin Sarat
Publisher : Stanford University Press
Page : 257 pages
File Size : 16,18 MB
Release : 2011-08-29
Category : Law
ISBN : 0804782113
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.
Author : A. John Simmons
Publisher : Princeton University Press
Page : 352 pages
File Size : 46,34 MB
Release : 1995
Category : Law
ISBN : 9780691029559
The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag.
