MORAL ORDER AND THE CRIMINAL LAW

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Moral Order And The Criminal Law

Author : O. Lee
ISBN : 9789401024389
Genre : Law
File Size : 88.6 MB
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XIV Seen as a whole, however, I regard the work before us to be especially noteworthy precisely because of its illumination of both the social contexts surrounding the law and the ideas which underlie the efforts towards criminal law reform. An analysis of this kind has not appeared until now, to my knowledge, even in the German literature on the subject, so that this book is of great value to ·the German reader as well as the American. B. Particulars In Chapter IV: A the authors give a general introduction into the development of the German criminal law reform. In that connection they recognize the special role of the Christian Democratic (CDU), Socialist (SPD) coalition in the political situation [leading to passage of the reform law]. The authors emphasize the importance of the introduction of a uniform prison sentence [that is to say ·the termination of the distinction between kinds of prison sentences] and the elimination of short term prison sentences, as the main points of the reform in the "general part" of the code. They remark (pages 170; 192) that a uniform concept of the goal of punishment is still lacking, although, when all is said, there is a general agreement on the principle of resocialization.
Category: Law

The New Encyclopedia Of Southern Culture

Author : James W. Ely Jr.
ISBN : 9781469616742
Genre : Reference
File Size : 30.48 MB
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Volume 10 of The New Encyclopedia of Southern Culture combines two of the sections from the original edition, adding extensive updates and 53 entirely new articles. In the law section of this volume, 16 longer essays address broad concepts ranging from law schools to family law, from labor relations to school prayer. The 43 topical entries focus on specific legal cases and individuals, including historical legal professionals, parties from landmark cases, and even the fictional character Atticus Finch, highlighting the roles these individuals have played in shaping the identity of the region. The politics section includes 34 essays on matters such as Reconstruction, social class and politics, and immigration policy. New essays reflect the changing nature of southern politics, away from the one-party system long known as the "solid South" to the lively two-party politics now in play in the region. Seventy shorter topical entries cover individual politicians, political thinkers, and activists who have made significant contributions to the shaping of southern politics.
Category: Reference

American Law And The Constitutional Order

Author : Professor Lawrence M Friedman
ISBN : 067402527X
Genre : Law
File Size : 23.99 MB
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This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.
Category: Law

Punishment Restorative Justice And The Morality Of Law

Author : Erik Claes
ISBN : 9789050954235
Genre : Law
File Size : 87.67 MB
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Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.
Category: Law

Moral Rhetoric And The Criminalisation Of Squatting

Author : Lorna Fox O'Mahony
ISBN : 9781317807957
Genre : Law
File Size : 77.46 MB
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This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the ‘threat’ of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of ‘squatting’. Moral Rhetoric and the Criminalisation of Squatting explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes that draw on political philosophy, social policy, criminal justice and the nature of ownership, to consider how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.
Category: Law

Crime And Morality

Author : J.C. Boutellier
ISBN : 9789400900134
Genre : Social Science
File Size : 84.49 MB
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Over the last twenty-five years the significance of criminal justice has dramatically changed. In a "post-modern" culture, criminal law serves more and more as a focal point in public morality. The "discovery" of the victim of crime can be seen as the marking point by which criminal justice got its central position in the maintenance of social order. It is the result of a general "victimalization" of today's morality. This ingenious book - according to Michael Tonry - combines insights from criminology, sociology and moral philosophy. It is especially inspired by the work of Richard Rorty, who stresses the sensibility for suffering as the major source of morality in post-modern times. It describes the arousal of attention for victims and the development of crime prevention. More specifically, it analyzes child sexual abuse and prostitution. This "illuminating" book will be an eye-opener for theorists in criminology and moral philosophy, but will also be an inspiring work for policy makers in the area of criminal justice.
Category: Social Science

Criminology

Author : Gennaro F. Vito
ISBN : 0763730017
Genre : Law
File Size : 62.68 MB
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Across America, Crime Is A Constant Public Concern. Criminology: Theory, Research, And Policy, Second Edition Provides Comprehensive Coverage Of The Leading Criminological Theories Using Sociology, Psychology, Biology, And Ecology To Explain How And Why Crime Occurs. The Text Combines Classical Criminology With Timely Topics Including Substance Abuse, Gang Violence, Internet Crimes, And Terrorism. Using A Social Sciences Approach, The Authors Discuss How Criminology Influences Public Policy Throughout The Text.
Category: Law

Criminal Behavior

Author : Jacqueline B. Helfgott
ISBN : 9781412904872
Genre : Social Science
File Size : 36.72 MB
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Rich in historical and contemporary theory and research, Criminal Behavior: Theories, Typologies, and Criminal Justice is a comprehensive core text that provides an interdisciplinary overview of criminal behavior by examining relevant crime theories, explanations of how and why crime typologies are developed, literature reviews for major crime categories, and discussions of how crime theories and crime typologies are used throughout the criminal justice process. Focusing on relevant themes and current issues, this text also looks closely at categorizations of criminal behavior, the relationship between crime and pop culture, mass media, and computer technology, and gender issues and crime. This engaging book applies theory and research to real-world criminal justice practice. Key Features and Benefits: Applies theory and research to concrete examples of criminal justice practice in law enforcement, public safety, courts/law, and corrections Explores real-world examples and contemporary issues–using chapter-opening vignettes, illustrative photos and graphs, boxed real-life case studies, and an interdisciplinary framework—making the text lively and engaging Views crime as a dynamic, changing phenomenon and examines how mass media and computer technology shape criminal behavior in a unique chapter on crime, media, and technology that addresses cybercrime and copy cat crimes—topics that fascinate students Examines feminist issues and cultural criminology, reviewing the role of gender and culture in shaping criminal behavior Boasts full chapters on political crime and economic crime—subjects often ignored in other texts Includes comparative information throughout, giving students an international perspective, as well as topical coverage relating to race, ethnicity, and gender issues Ancillaries A Student study site at www.sagepub.com/helfgottstudy includes self-quizzes, e-flashcards, NPR and Frontline audio and video clips, SAGE Journal articles, and more. Instructor Resources on CD include test questions, PowerPoint slides, and in-class exercises. Contact Customer Care at 1.800.818.7243 to request a copy. Intended Audience This core text offers contemporary insight on criminal behavior for undergraduate and graduate students in criminology and criminal justice, psychology, and related fields.
Category: Social Science