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Author: Leo Zaibert Publisher: Routledge ISBN: 131707324X Category : Law Languages : en Pages : 236
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: Leo Zaibert Publisher: Routledge ISBN: 131707324X Category : Law Languages : en Pages : 236
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: Whitley R.P. Kaufman Publisher: Springer Science & Business Media ISBN: 9400748450 Category : Philosophy Languages : en Pages : 209
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: Matthew C. Altman Publisher: Routledge ISBN: 1000379345 Category : Law Languages : en Pages : 211
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: Christopher D. Marshall Publisher: Wm. B. Eerdmans Publishing ISBN: 9780802847973 Category : Christianity and justice Languages : en Pages : 372
Book Description
Recently a growing number of Christians have actively promoted the concept of "restorative justice" and attempted to develop programs for dealing with crime based on restorative principles. But is this approach truly consistent with the teaching of Scripture? To date, very little has been done to test this claim. Beyond Retribution fills a gap by plumbing the New Testament on the topics of crime, justice, and punishment. Christopher Marshall first explores the problems involved in applying ethical teachings from the New Testament to mainstream society. He then surveys the extent to which the New Testament addresses criminal justice issues, looking in particular at the concept of the justice of God in the teachings of Paul and Jesus. He also examines the topic of punishment, reviewing the debate in social thinking over the ethics and purpose of punishment -- including capital punishment -- and he advocates a new concept of "restorative punishment." The result of this engaging work is a biblically based challenge to imitate the way of Christ in dealing with both victims and offenders. - Publisher
Author: Erin I. Kelly Publisher: Harvard University Press ISBN: 0674989414 Category : Philosophy Languages : en Pages : 216
Book Description
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.
Author: J.G. Murphy Publisher: Springer Science & Business Media ISBN: 9400994613 Category : Philosophy Languages : en Pages : 255
Book Description
One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Author: Gregg D. Caruso Publisher: Cambridge University Press ISBN: 1108484700 Category : Law Languages : en Pages : 401
Book Description
Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Author: Leo Zaibert
Author: Leo Zaibert
Author: Alison Burke
Author: Deirdre Golash
Author: Whitley R.P. Kaufman
Author: Ferdinand David Schoeman
Author: Matthew C. Altman
Author: Christopher D. Marshall
Author: Erin I. Kelly
Author: J.G. Murphy
Author: Gregg D. Caruso