Crime Punishment And Responsibility

Author : H. L. A. Hart
Publisher : OUP Oxford
Page : 336 pages
File Size : 54,7 Mb
Release : 2008-03-06
Category : Law
ISBN : 9780191021770

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Punishment and Responsibility by H. L. A. Hart Pdf

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 : Rowan Cruft,Matthew H. Kramer,Mark R. Reiff
Publisher : Oxford University Press
Page : 408 pages
File Size : 43,6 Mb
Release : 2011-07-14
Category : Law
ISBN : 9780191621642

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Crime, Punishment, and Responsibility by Rowan Cruft,Matthew H. Kramer,Mark R. Reiff Pdf

For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

Author : Rowan Cruft,Matthew H. Kramer,Mark R. Reiff
Publisher : Oxford University Press
Page : 405 pages
File Size : 42,9 Mb
Release : 2011-07-14
Category : Law
ISBN : 9780199592814

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Crime, Punishment, and Responsibility by Rowan Cruft,Matthew H. Kramer,Mark R. Reiff Pdf

For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

Author : Erin I. Kelly
Publisher : Harvard University Press
Page : 241 pages
File Size : 50,6 Mb
Release : 2018-11-12
Category : Philosophy
ISBN : 9780674980778

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The Limits of Blame by Erin I. Kelly Pdf

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. Angelo Corlett
Publisher : Springer Science & Business Media
Page : 226 pages
File Size : 44,9 Mb
Release : 2013-12-23
Category : Law
ISBN : 9789400707764

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Responsibility and Punishment by J. Angelo Corlett Pdf

This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new retributivism defended therein. Finally, chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”—John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside.

Author : Erin I. Kelly
Publisher : Harvard University Press
Page : 216 pages
File Size : 51,8 Mb
Release : 2018-11-12
Category : Philosophy
ISBN : 9780674989412

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The Limits of Blame by Erin I. Kelly Pdf

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 : Herbert Lionel Adolphus Hart
Publisher : Unknown
Page : 36 pages
File Size : 55,8 Mb
Release : 1962
Category : Law
ISBN : MINN:31951002012175A

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Punishment and the Elimination of Responsibility by Herbert Lionel Adolphus Hart Pdf

Author : Gideon Yaffe
Publisher : Oxford University Press
Page : 252 pages
File Size : 50,5 Mb
Release : 2018
Category : Law
ISBN : 9780198803324

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The Age of Culpability by Gideon Yaffe Pdf

Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.

Author : Alf Ross
Publisher : Univ of California Press
Page : 204 pages
File Size : 42,8 Mb
Release : 1975-01-01
Category : Law
ISBN : 0520027175

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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.

Author : Ken M. Levy
Publisher : Routledge
Page : 205 pages
File Size : 45,6 Mb
Release : 2019-08-28
Category : Philosophy
ISBN : 9781351251761

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Free Will, Responsibility, and Crime by Ken M. Levy Pdf

In his book, philosopher and law professor Ken Levy explains why he agrees with most people, but not with most other philosophers, about free will and responsibility. Most people believe that we have both – that is, that our choices, decisions, and actions are neither determined nor undetermined but rather fully self-determined. By contrast, most philosophers understand just how difficult it is to defend this "metaphysical libertarian" position. So they tend to opt for two other theories: "responsibility skepticism" (which denies the very possibility of free will and responsibility) and "compatibilism" (which reduces free will and responsibility to properties that are compatible with determinism). In opposition to both of these theories, Levy explains how free will and responsibility are indeed metaphysically possible. But he also cautions against the dogma that metaphysical libertarianism is actually true, a widespread belief that continues to cause serious social, political, and legal harms. Levy’s book presents a crisp, tight, historically informed discussion, with fresh clarity, insight, and originality. It will become one of the definitive resources for students, academics, and general readers in this critical intersection among metaphysics, ethics, and criminal law. Key features: Presents a unique, qualified defense of "metaphysical libertarianism," the idea that our choices, decisions, and actions can be fully self-determined. Written clearly, accessibly, and with minimal jargon – rare for a book on the very difficult issues of free will and responsibility. Seamlessly connects philosophical, legal, psychological, and political issues. Will be provocative and insightful for professional philosophers, students, and non-philosophers.

Author : Thomas A. Nadelhoffer
Publisher : Oxford University Press
Page : 310 pages
File Size : 44,9 Mb
Release : 2013-03-01
Category : Philosophy
ISBN : 9780199779352

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The Future of Punishment by Thomas A. Nadelhoffer Pdf

Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility. While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.

Author : R A Duff
Publisher : Bloomsbury Publishing
Page : 342 pages
File Size : 40,6 Mb
Release : 2007-11-16
Category : Law
ISBN : 9781847317179

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Answering for Crime by R A Duff Pdf

In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.

Author : Alan W. Norrie
Publisher : Unknown
Page : 242 pages
File Size : 49,7 Mb
Release : 2000
Category : Criminal justice, Administration of
ISBN : OCLC:804694797

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Punishment, Responsibility, and Justice by Alan W. Norrie Pdf

Author : Ferdinand David Schoeman
Publisher : Cambridge University Press
Page : 370 pages
File Size : 50,8 Mb
Release : 1987
Category : Philosophy
ISBN : 0521339510

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Responsibility, Character, and the Emotions by Ferdinand David Schoeman Pdf

An examination of the responsibility individuals have for their actions and characters.

Author : Herbert Lionel Adolphus Hart
Publisher : Unknown
Page : 277 pages
File Size : 42,7 Mb
Release : 1968
Category : Criminal liability
ISBN : OCLC:28903639

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Punishment and Responsibility by Herbert Lionel Adolphus Hart Pdf