Honor and Revenge: A Theory of Punishment PDF Download

Author: Whitley R.P. Kaufman
Publisher: Springer Science & Business Media
ISBN: 9400748450
Category : Philosophy
Languages : en
Pages : 209

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Book Description
This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new “abolitionist” movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.​

Author: Paula Satne
Publisher: Springer Nature
ISBN: 303077807X
Category : Philosophy
Languages : en
Pages : 324

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Book Description
Given the current climate of political division and global conflict it is not surprising that there has been an increasing interest in how we ought to respond to perceived wrongdoing, both personal and political. In this volume, top scholars from around the world contribute all new original essays on the ethics of forgiveness, revenge, and punishment. This book draws on both historical and contemporary debates in order to answer important questions about the nature of forgiveness, the power of apology, the relationship between punishment and revenge, the path to reconciliation, the morality of blame, and the role of forgiveness in political conflict. Chapter 16 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author: Charles K. B. Barton
Publisher: Open Court Publishing
ISBN:
Category : Law
Languages : en
Pages : 208

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Book Description
"In Getting Even, Charles Barton contends that revenge can be a form of justice that is constructive and healing for our society. Our current judiciary system, he explains, denies both victims and the accused an active role in the legal proceedings and resolution of their cases, reducing them to bystanders in what is essentially their own conflict. Barton does not argue for an individual's right to take the law into his own hands, but does show that the courts should recognize the revenge motive as legitimate and rational within the rules of justice."--pub. desc.

Author: Matthew C. Altman
Publisher: Springer Nature
ISBN: 303111874X
Category : Philosophy
Languages : en
Pages : 801

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Book Description
This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.

Author: Leo Zaibert
Publisher: Routledge
ISBN: 131707324X
Category : Law
Languages : en
Pages : 236

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Book Description
Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.

Author: Matthew C. Altman
Publisher: Routledge
ISBN: 1000379345
Category : Law
Languages : en
Pages : 211

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Book Description
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

Author: Stephen S. Clark
Publisher: Xlibris Corporation
ISBN: 1524519162
Category : Psychology
Languages : en
Pages : 535

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Book Description
This book is based on the premise that humankind is, first and foremost, the outcome of the process of biological evolution. Recognition of this is fundamental to our understanding of who we are and how we behave. All living things have evolved the physical and mental attributes that promote their prospects for survival; they are good at doing the things that enable them to pass on their genes to succeeding generations, and we are no exception. Of course, through the development of culture, we have gained some freedom from our biological origins. Nevertheless, evolution has constructed the foundation upon which culture is built. The first part of the book, Ourselves Interacting with the World, presents an overview of the main capabilities that evolution has endowed us with and that enable us to interact with the environment in advantageous ways. This includes our senses, which act as windows on the world and also, of great importance, our emotions and ability to remember. Our ability to think is perhaps the crowning achievement of our evolutionary journey, and, of course, we must be able to act in a timely and effective manner. The second part of the book, Living Together, traces the history of how we became social creatures. To be truly human, we had to be capable of sharing and cooperation. We also needed to be able to control our aggressiveness and talent for deception. We settled down, making the transition from hunter-gatherers to urban dwellers, and agreed upon values and norms of behavior that enhanced our ability to get along. Ultimately, we came to see good and bad as a morality of right and wrong, further augmenting group cohesiveness. In the final part of the book, Challenges and Opportunities, attention turns to a consideration of the constraints and possibilities that must be considered in looking to the future. These realities can be seen to play out in four social arenas: the pursuit of fairness, the seeking of justice, the interplay of political beliefs and good government, and ultimately, a united society that is, at the same time, a true community. Our quest for these things will be greatly aided by a deep knowledge and appreciation of our evolutionary past and the indelible imprint it has left upon us. It may even lead us to that most elusive of all things, happiness.

Author: Thom Brooks
Publisher: Routledge
ISBN: 1351903497
Category : Law
Languages : en
Pages : 407

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Book Description
Retribution is perhaps the most popular contemporary theory about punishment and has enjoyed enduring appeal as the oldest, even most venerable, penal theory with its strong ancient roots. Retribution is understood in many different ways, but the standard view of retribution is that punishment is justified where it is deserved and an offender should be punished in proportion to his desert. In this volume, retributivism is examined from various critical perspectives, including its diversity, relation with desert, the link between desert and proportionality, retributivist emotions and the idea of mercy. The theory of retribution has been the subject of a revival of interest in recent years and the essays selected for this volume are the leading works on retribution from the dominant international figures in the field.

Author: Thane Rosenbaum
Publisher: University of Chicago Press
ISBN: 022604369X
Category : Law
Languages : en
Pages : 325

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Book Description
We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.

Author: Trudy Govier
Publisher: Taylor & Francis
ISBN: 1135199108
Category : Philosophy
Languages : en
Pages : 223

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Book Description
This is a powerful exploration of our attitudes to serious wrong-doings and a careful examination of the values that underlie our thinking about revenge and forgiveness.This text examines the impact of revenge and forgiveness.