Author : J.G. Murphy
Publisher : Springer Science & Business Media
Page : 254 pages
File Size : 45,5 MB
Release : 2013-03-09
Category : Philosophy
ISBN : 9401579229
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.
Author : Frederick M. Lawrence
Publisher : Harvard University Press
Page : 287 pages
File Size : 26,20 MB
Release : 2009-07-01
Category : Law
ISBN : 0674040015
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.
Author : J. Angelo Corlett
Publisher : Springer Science & Business Media
Page : 234 pages
File Size : 47,49 MB
Release : 2013-03-14
Category : Philosophy
ISBN : 940170421X
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.
Author : Hyman Gross
Publisher : OUP Oxford
Page : 238 pages
File Size : 28,81 MB
Release : 2012-01-12
Category : Law
ISBN : 0191630195
It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral assessment of the conduct in question, with criminal liability tracking as closely as possible the contours of morality. Versions of this view are frequently argued for in philosophical accounts of crime and punishment, and seem to be presumed by lawyers and policy makers working in the criminal justice system. Challenging such assumptions, this book considers the dominant justifications of punishment and subjects them to a piercing moral critique. It argues that none overcome the objection that people who are convicted of a serious crime and sent to prison have their basic human rights violated. The institution of criminal punishment is shown to be a regrettable necessity not deserving of the moral enthusiasm it enjoys among many politicians and the popular press. From a moral point of view, punishment is entitled at best to grudging toleration. In the course of developing the argument, the book introduces the principal issues of criminal law theory with the aim of presenting a morally enlightened perspective on crimes and why we punish them. Enforcement of the law by police, prosecutors, and courts is a matter of concern for political morality, and the principal practices of the criminal justice system are subjected to moral scrutiny. The book presents an original, engaging, and provocative approach to the philosophy of crime and punishment, challenging not only students, but a wide range of other readers to rethink the fascinating and troubling questions at the foundations of crime and punishment.
Author : Rowan Cruft
Publisher : Oxford University Press
Page : 405 pages
File Size : 15,80 MB
Release : 2011-07-14
Category : Law
ISBN : 0199592810
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.
Author : Anthony Ellis
Publisher : Andrews UK Limited
Page : 263 pages
File Size : 13,85 MB
Release : 2012-05-30
Category : Philosophy
ISBN : 1845404408
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.
Author : John Hoffman
Publisher : Routledge
Page : 559 pages
File Size : 45,26 MB
Release : 2013-09-13
Category : Political Science
ISBN : 1317863429
"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.
Author : Jane Kneller
Publisher : SUNY Press
Page : 352 pages
File Size : 47,73 MB
Release : 1998-01-01
Category : Philosophy
ISBN : 9780791437438
Shows how Kant's basic position applies to and clarifies present-day problems of war, race, abortion, capital punishment, labor relations, the environment, and marriage.
Author : Nancy Sherman
Publisher : Oxford University Press
Page : 257 pages
File Size : 43,60 MB
Release : 2007-03-19
Category : Philosophy
ISBN : 0199760411
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.
Author : Thom Brooks
Publisher : Routledge
Page : 571 pages
File Size : 45,60 MB
Release : 2019-10-28
Category : Law
ISBN : 1351900617
Shame punishment has existed for perhaps as long as people have been punished, and the issue has been revisited in recent years to help improve crime reduction efforts. In this collection, shame punishment is examined from various critical perspectives, including its relation with expressivism, the diversity of shame punishment used today, the link between shame punishment and restorative justice, the relationship between dignity and shame punishment, shame punishment and its use for sex offenders, and critics of shame punishment in its different incarnations. The selected essays are from leading experts and represent the most important contributions to scholarly research in the field.
