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Author : C. L. Ten Publisher : Oxford University Press, USA Page : 200 pages File Size : 44,8 Mb Release : 1987 Category : History ISBN : STANFORD:36105040665569
Considering both abstract arguments and factual evidence about the effects of punishing offenders, Ten links the moral justification of punishment by the state to more general issues about the nature of moral disagreements and our obligations to obey the law.
Criminal Law and Precrime by Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen Pdf
In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.
The Immorality of Punishment by Michael J. Zimmerman Pdf
In The Immorality of Punishment Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into practice alternative means of preventing crime and promoting social stability.
An examination of the legal system, including what constitutes a crime, why and how we punish people who commit crimes, how the government determines these rules, and how citizens react when they feel laws aren't fair.
On Guilt, Responsibility, and Punishment by Alf Ross Pdf
Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.
From Ferdinand von Schirach, one of Germany’s most prominent defense attorneys, comes a jolting debut collection of short stories that daringly brings to light the motivations stirring within the criminal mind. By turns witty and sorrowful, unflinchingly brutal and heartbreaking, the deeply affecting, quietly unnerving cases presented in Crime urge a closer examination of guilt and innocence. In “Fähner,” a small-town physician and avid gardener betrays little emotion when he takes an ax to his wife’s head, an act that shocks the locals but provides a long-awaited reprieve for the good doctor. Abbas, a Palestinian refugee who is cornered into a life of crime, finds true love and seemingly a saving grace with a beautiful student named Stefanie in “Summertime.” But when she is viciously murdered in a hotel room after having been paid to sleep with one of the country’s wealthiest men, is Abbas to blame or is it the man who seems to have it all? And in the startling story “Love,” a young man’s infatuation with his girlfriend takes a grisly turn as he comes to grips with his unconventional—and uncontrollable—impulses to truly know a woman. “Guilt,” writes von Schirach, “always presents a bit of a problem.” In this beautifully nuanced and telling collection, guilt is indeed never as clear-cut as the crime, and justice is more nebulous still.
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.
An Essay on Crimes and Punishments by Cesare Beccaria,Cesare marchese di Beccaria,Voltaire Pdf
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Excerpt from Myth and Guilt: The Crime and Punishment of Mankind Daddy, I know now what the inner voice is. Well, tell me! I found it. The inner voice is one's thought. Well, you know - for instance, I am sometimes often (sic!) going to the table without washing my hands. Then there is a feeling as if someone tells me: 'wash your hands!' and then sometimes when I go to bed in the eve ning and I am playing with the gambi (he has kept this word for penis since early childhood) and then the inner voice says: 'don't play with the gambi!' When I still do it, the same voice says again: 'don't play.' About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
From Ferdinand von Schirach, one of Germany’s most prominent defense attorneys, comes a jolting debut collection of short stories that daringly brings to light the motivations stirring within the criminal mind. By turns witty and sorrowful, unflinchingly brutal and heartbreaking, the deeply affecting, quietly unnerving cases presented in Crime urge a closer examination of guilt and innocence. In “Fähner,” a small-town physician and avid gardener betrays little emotion when he takes an ax to his wife’s head, an act that shocks the locals but provides a long-awaited reprieve for the good doctor. Abbas, a Palestinian refugee who is cornered into a life of crime, finds true love and seemingly a saving grace with a beautiful student named Stefanie in “Summertime.” But when she is viciously murdered in a hotel room after having been paid to sleep with one of the country’s wealthiest men, is Abbas to blame or is it the man who seems to have it all? And in the startling story “Love,” a young man’s infatuation with his girlfriend takes a grisly turn as he comes to grips with his unconventional—and uncontrollable—impulses to truly know a woman. “Guilt,” writes von Schirach, “always presents a bit of a problem.” In this beautifully nuanced and telling collection, guilt is indeed never as clear-cut as the crime, and justice is more nebulous still.
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