Law as Punishment / Law as Regulation PDF Download

Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804782113
Category : Law
Languages : en
Pages : 200

View

Book Description
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: Igor Primoratz
Publisher: Prometheus Books
ISBN: 159102983X
Category : Law
Languages : en
Pages : 210

View

Book Description
While the philosophy of punishment is dominated by utilitarian and "mixed" theories, this study, written in the analytic tradition but also drawing on the views of Hegel, argues for a purely retributive view: all the main questions facing a theory of punishment are answered in terms of justice and desert, without any concessions to social expediency.

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191021776
Category : Law
Languages : en
Pages : 336

View

Book Description
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.

Author: Nicola Lacey
Publisher: Routledge
ISBN: 113483800X
Category : Philosophy
Languages : en
Pages : 266

View

Book Description
Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.

Author: Elizabeth T. Gershoff
Publisher: Springer
ISBN: 3319148184
Category : Psychology
Languages : en
Pages : 109

View

Book Description
This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.

Author: William Blackstone
Publisher:
ISBN:
Category : Law
Languages : en
Pages :

View

Book Description

Author: Matthew Clair
Publisher: Princeton University Press
ISBN: 069123387X
Category : Social Science
Languages : en
Pages : 320

View

Book Description
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

Author: Tim Lindsey
Publisher: Routledge
ISBN: 0429848153
Category : Law
Languages : en
Pages : 606

View

Book Description
Indonesia’s criminal law system faces major challenges. Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime. Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws. This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success.

Author: Patricia Faraldo Cabana
Publisher: Taylor & Francis
ISBN: 1134872577
Category : Social Science
Languages : en
Pages : 244

View

Book Description
Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.

Author: Erik Claes
Publisher: Intersentia nv
ISBN: 9050954235
Category : Corrections
Languages : en
Pages : 214

View

Book Description
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.