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Law, Ideology and Punishment

Law, Ideology and Punishment PDF Author: A.W. Norrie
Publisher: Springer Science & Business Media
ISBN: 9400906994
Category : Philosophy
Languages : en
Pages : 239

Book Description
This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.

Law, Ideology and Punishment

Law, Ideology and Punishment PDF Author: A.W. Norrie
Publisher: Springer Science & Business Media
ISBN: 9400906994
Category : Philosophy
Languages : en
Pages : 239

Book Description
This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.

Crime Control, Politics and Policy

Crime Control, Politics and Policy PDF Author: Peter J. Benekos
Publisher: Routledge
ISBN: 1317523474
Category : Political Science
Languages : en
Pages : 386

Book Description
This book reviews concepts, information and points of view that help to explain the context and constraints of the criminal justice system. The chapters summarize developments in public policy and crime control, and interweave themes central to the discussion: the impact of ideology, the role of the media, and the politicization of crime and criminal justice.

Criminal Injustice

Criminal Injustice PDF Author: Matthew B. Robinson
Publisher:
ISBN: 9781531016364
Category : Crime
Languages : en
Pages : 306

Book Description
"This book examines the influence of politics and ideology on criminal justice practice. Politics refers to governing decisions about how to deal with social problems and distribute resources in society, and ideology means the beliefs and values that guide political decisions and underlie our societal institutions. The book clearly illustrates that criminal justice practice is directly and meaningfully impacted by politics and ideology, beginning with law-making. The main argument of Criminal Injustice is that politics and ideology distort America's ideal goals of crime control and due process, oftentimes resulting in ineffective and unfair criminal justice policies. That is, politics and ideology distort the ideals of Americans found in the Declaration of Independence and the U.S. Constitution"--

Ideology and Crime

Ideology and Crime PDF Author: Leon Radzinowicz
Publisher:
ISBN:
Category : Crime
Languages : en
Pages : 174

Book Description


Checking the Courts

Checking the Courts PDF Author: Kirk A. Randazzo
Publisher: SUNY Press
ISBN: 143845287X
Category : Political Science
Languages : en
Pages : 218

Book Description
Examines and measures the extent to which statutory language affects judicial behavior. How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.

Rich Get Richer and the Poor Get Prison, The (Subscription)

Rich Get Richer and the Poor Get Prison, The (Subscription) PDF Author: Jeffrey Reiman
Publisher: Routledge
ISBN: 131734295X
Category : Social Science
Languages : en
Pages : 296

Book Description
Illustrates the issue of economic inequality within the American justice system. The best-selling text, The Rich Get Richer and the Poor Get Prison contends that the criminal justice system is biased against the poor from start to finish. The authors argue that even before the process of arrest, trial, and sentencing, the system is biased against the poor in what it chooses to treat as crime. The authors show that numerous acts of the well-off--such as their refusal to make workplaces safe, refusal to curtail deadly pollution, promotion of unnecessary surgery, and prescriptions for unnecessary drugs--cause as much harm as the acts of the poor that are treated as crimes. However, the dangerous acts of the well-off are almost never treated as crimes, and when they are, they are almost never treated as severely as the crimes of the poor. Not only does the criminal justice system fail to protect against the harmful acts of well-off people, it also fails to remedy the causes of crime, such as poverty. This results in a large population of poor criminals in our prisons and in our media. The authors contend that the idea of crime as a work of the poor serves the interests of the rich and powerful while conveying a misleading notion that the real threat to Americans comes from the bottom of society rather than the top. Learning Goals Upon completing this book, readers will be able to: Examine the criminal justice system through the lens of the poor. Understand that much of what goes on in the criminal justice system violates one’s own sense of fairness. Morally evaluate the criminal justice system’s failures. Identify the type of legislature that is biased against the poor.

Justice and Power in Sociolegal Studies

Justice and Power in Sociolegal Studies PDF Author: Bryant G. Garth
Publisher: Northwestern University Press
ISBN: 9780810114333
Category : Law
Languages : en
Pages : 390

Book Description
Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability.

American Foreign Policy Ideology and the International Rule of Law

American Foreign Policy Ideology and the International Rule of Law PDF Author: Malcolm Jorgensen
Publisher: Cambridge University Press
ISBN: 1108481434
Category : Law
Languages : en
Pages : 303

Book Description
Demonstrates American legal policymakers hold competing conceptions of the 'international rule of law' structured by foreign policy ideologies.

Criminal Justice Policy

Criminal Justice Policy PDF Author: Stacy L. Mallicoat
Publisher: SAGE Publications
ISBN: 1483322718
Category : Social Science
Languages : en
Pages : 449

Book Description
Criminal Justice Policy provides a thematic overview of criminal justice policy and its relationship to the American criminal justice system. Scholars, practitioners, and politicians continually debate the value of these policies in their evaluations of the current system. As the nature of this subject involves a host of issues (including politics, public sentiment, research, and practice), the authors expertly highlight these concerns on criminal justice policy and address the implications for the overall system and society at large. This text is organized into three parts: Foundations of criminal justice policy focuses on the role of politics, best practices, and street level bureaucracy in criminal justice policy. Criminal justice policy in action provides an analysis of fifteen different policy issues in criminal justice, such as immigration, drugs, mental health and capital punishment. Each section begins with a basic summary of the policy, accompanied by a brief synopsis of the framing issues. This brief, but informative summary, draws students’ attention to essential concepts and ideas, provides a roadmap for what they can expect to learn, and ensures continuity throughout the text. The text concludes with a discussion about the future directions of criminal justice policy.

Conservative Criminology

Conservative Criminology PDF Author: John Wright
Publisher: Routledge
ISBN: 1317298837
Category : Social Science
Languages : en
Pages : 220

Book Description
Conservative Criminology serves as an important counterpoint to virtually every other academic text on crime. Hundreds of books have been written about crime and criminal justice policy from a variety of perspectives, including Marxist, liberal, progressive, feminist, radical, and post-modernist. To date, however, no book has been written outlining a conservative perspective on crime and criminal justice policy. Not a polemic against liberalism, Conservative Criminology nonetheless focuses on how liberal ideology affects the study of crime and criminals and the policies that criminologist advocate. Wright and DeLisi, both senior scholars, give a voice to a major political philosophy—a philosophy often demonized by academics—and to conservatives in the academic world. In the end, Conservative Criminology calls for an investment in intellectual diversity, a respect for varying political philosophies, and a renewed commitment to honesty in scholarship. The authors encourage debate in the profession about the proper role of ideology in the academy and in public policies on crime and justice. Conservative Criminology is for the criminal justice professional and student. It serves as a stimulating supplement to courses in criminology and criminal justice, as well as a primary text for special issues or capstone courses. This book supports the reader in recognizing ideological biases, whatever they might be, and in considering their own convictions.