WHY PUNISH HOW MUCH A READER ON PUNISHMENT

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Why Punish How Much

Author : Michael H. Tonry
ISBN : 9780195328851
Genre : Law
File Size : 78.78 MB
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Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.
Category: Law

Why Punish

Author : Rob Canton
ISBN : 9781137449047
Genre : Social Science
File Size : 86.17 MB
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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.
Category: Social Science

Foundational Texts In Modern Criminal Law

Author : Markus D Dubber
ISBN : 9780191654626
Genre : Law
File Size : 73.69 MB
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Category: Law

Berwachen Und Strafen

Author : Michel Foucault
ISBN : 3518387715
Genre : Bürgerliche Gesellschaft - Disziplinierung - Geschichte
File Size : 82.88 MB
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Category: Bürgerliche Gesellschaft - Disziplinierung - Geschichte

Wer Strafe Verdient

Author : Elizabeth George
ISBN : 9783641225322
Genre : Fiction
File Size : 64.99 MB
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Die Bürger des englischen Städtchens Ludlow sind zutiefst entsetzt, als man den örtlichen Diakon eines schweren Verbrechens beschuldigt und ihn verhaftet. Kurz darauf wird er in Polizeigewahrsam tot aufgefunden. Im Auftrag Scotland Yards versucht Sergeant Barbara Havers Licht ins Dunkel um die geheimnisvollen Vorfälle zu bringen. Zunächst weist tatsächlich alles auf den Selbstmord eines Verzweifelten hin – doch Barbara und mit ihr DI Thomas Lynley trauen dieser Version der Ereignisse nicht. Gemeinsam werfen sie einen genaueren Blick hinter die idyllische Fassade Ludlows – und entdecken, dass fast jeder hier etwas zu verbergen hat ...
Category: Fiction

Punishment And Culture

Author : María José Falcón y Tella
ISBN : 9789004151499
Genre : Law
File Size : 47.83 MB
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This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. The work 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.
Category: Law

Why Punish

Author : Nigel Walker
ISBN : UOM:49015003318640
Genre : Social Science
File Size : 74.9 MB
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Category: Social Science

Punishment Communication And Community

Author : R. A. Duff
ISBN : 0195166663
Genre : Law
File Size : 87.40 MB
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The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.
Category: Law

Punishment

Author : Thom Brooks
ISBN : 9781134083190
Genre : Social Science
File Size : 49.94 MB
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Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first critical guide to examine all leading contemporary theories of punishment, this book explores – among others – the communicative theory of punishment, restorative justice, and the unified theory of punishment. Thom Brooks examines several case studies in detail, including capital punishment, juvenile offending, and domestic abuse. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking. Punishment is a textbook designed to introduce both undergraduate and postgraduate students to the topic of punishment. It will be essential for undergraduate students in: philosophy, criminal justice, criminology, justice studies, law, politics, and sociology.
Category: Social Science

Punishment

Author : Alan John Simmons
ISBN : 0691029555
Genre : Philosophy
File Size : 47.65 MB
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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.
Category: Philosophy