Criminal Punishment And Human Rights Convenient Morality

Author : Adnan Sattar
Publisher : Routledge
Page : 270 pages
File Size : 52,8 Mb
Release : 2019-03-05
Category : Law
ISBN : 9780429861475

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Criminal Punishment and Human Rights: Convenient Morality by Adnan Sattar Pdf

This book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the ‘International Bill of Human Rights’, academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-à-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences – and longer prison sentences – in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.

Author : Nigel Walker
Publisher : Rowman & Littlefield Publishers
Page : 226 pages
File Size : 40,7 Mb
Release : 1980
Category : Law
ISBN : STANFORD:36105006451335

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Punishment, Danger and Stigma by Nigel Walker Pdf

To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.

Author : Erik Claes,René Foqué,Tony Peters
Publisher : Intersentia nv
Page : 214 pages
File Size : 49,8 Mb
Release : 2005
Category : Corrections
ISBN : 9789050954235

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Punishment, Restorative Justice and the Morality of Law by Erik Claes,René Foqué,Tony Peters Pdf

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.

Author : Hyman Gross
Publisher : OUP Oxford
Page : 238 pages
File Size : 47,7 Mb
Release : 2012-01-12
Category : Law
ISBN : 9780191630194

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Crime and Punishment by Hyman Gross Pdf

It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral assessment of the conduct in question, with criminal liability tracking as closely as possible the contours of morality. Versions of this view are frequently argued for in philosophical accounts of crime and punishment, and seem to be presumed by lawyers and policy makers working in the criminal justice system. Challenging such assumptions, this book considers the dominant justifications of punishment and subjects them to a piercing moral critique. It argues that none overcome the objection that people who are convicted of a serious crime and sent to prison have their basic human rights violated. The institution of criminal punishment is shown to be a regrettable necessity not deserving of the moral enthusiasm it enjoys among many politicians and the popular press. From a moral point of view, punishment is entitled at best to grudging toleration. In the course of developing the argument, the book introduces the principal issues of criminal law theory with the aim of presenting a morally enlightened perspective on crimes and why we punish them. Enforcement of the law by police, prosecutors, and courts is a matter of concern for political morality, and the principal practices of the criminal justice system are subjected to moral scrutiny. The book presents an original, engaging, and provocative approach to the philosophy of crime and punishment, challenging not only students, but a wide range of other readers to rethink the fascinating and troubling questions at the foundations of crime and punishment.

Author : Walter Hamilton Moberly
Publisher : Unknown
Page : 396 pages
File Size : 51,7 Mb
Release : 1968
Category : Social Science
ISBN : STANFORD:36105034927355

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The Ethics of Punishment by Walter Hamilton Moberly Pdf

Author : Lill Scherdin
Publisher : Routledge
Page : 324 pages
File Size : 52,9 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781317169932

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Capital Punishment by Lill Scherdin Pdf

As most jurisdictions move away from the death penalty, some remain strongly committed to it, while others hold on to it but use it sparingly. This volume seeks to understand why, by examining the death penalty’s relationship to state governance in the past and present. It also examines how international, transnational and national forces intersect in order to understand the possibilities of future death penalty abolition. The chapters cover the USA - the only western democracy that still uses the death penalty - and Asia - the site of some 90 per cent of all executions. Also included are discussions of the death penalty in Islam and its practice in selected Muslim majority countries. There is also a comparative chapter departing from the response to the mass killings in Norway in 2011. Leading experts in law, criminology and human rights combine theory and empirical research to further our understanding of the relationships between ways of governance, the role of leadership and the death penalty practices. This book questions whether the death penalty in and of itself is a hazard to a sustainable development of criminal justice. It is an invaluable resource for all those researching and campaigning for the global abolition of capital punishment.

Author : J. Ryberg,J. Corlett
Publisher : Springer
Page : 190 pages
File Size : 50,6 Mb
Release : 2010-10-20
Category : Philosophy
ISBN : 9780230290624

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Punishment and Ethics by J. Ryberg,J. Corlett Pdf

A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.

Author : Whitley R.P. Kaufman
Publisher : Springer Science & Business Media
Page : 209 pages
File Size : 41,7 Mb
Release : 2012-08-28
Category : Philosophy
ISBN : 9789400748453

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Honor and Revenge: A Theory of Punishment by Whitley R.P. Kaufman Pdf

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 : Walter Berns
Publisher : Upa
Page : 232 pages
File Size : 51,7 Mb
Release : 1991
Category : Capital punishment
ISBN : UCSC:32106012687007

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For Capital Punishment by Walter Berns Pdf

This distinguished constitutional theorist takes a hard look at current criminal law and the Supreme Court's most recent decisions regarding the legality of capital punishment. Examining the penal system, capital punishment, and punishment in general, he reviews the continuing debate about the purpose of punishment for deterrence, rehabilitation, or retribution. He points out that the steady moderation of criminal law has not effected a corresponding moderation in criminal ways or improved the conditions under which men must live. He decries the "pious sentiment" of those who maintain that criminals need to be rehabilitated. He concludes that the real issue is not whether the death penalty deters crime, but that in an imperfect universe, justice demands the death penalty. Originally published by Basic Books in 1979.

Author : ROB. CANTON
Publisher : Key Ideas in Criminology
Page : 280 pages
File Size : 53,6 Mb
Release : 2022-06-10
Category : Electronic
ISBN : 0367152282

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Punishment by ROB. CANTON Pdf

This book explores the concept of punishment: its meaning and significance, not least to those subject to it; its social, political and emotional contexts; its role in the criminal justice system; and the difficulties of bringing punishment to an end. It explores how levels of criminal punishment could and should be reduced, without compromising moral standards, public safety, or the rights of victims of crime. Core contents include: Why punishment matters, the salience of emotions in its various discourses, and the role of culture. The politicisation of punishment and legitimacy. The penal system, the prominence of the prison in research on punishment, and the role of community sanctions. The aims of punishment, its limits, and the role of power. The ethics of punishment and human rights. Punishment and social order. This book is essential reading for all criminologists, as well as students taking courses on punishment, penology, prisons and the criminal justice system.

Author : Christopher Heath Wellman
Publisher : Oxford University Press
Page : 256 pages
File Size : 49,6 Mb
Release : 2017-07-03
Category : Philosophy
ISBN : 9780190676438

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Rights Forfeiture and Punishment by Christopher Heath Wellman Pdf

Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.

Author : Hugo Adam Bedau
Publisher : UPNE
Page : 334 pages
File Size : 48,8 Mb
Release : 1987
Category : Law
ISBN : 1555530087

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Death is Different by Hugo Adam Bedau Pdf

Author : Sarah J Summers
Publisher : Oxford University Press
Page : 305 pages
File Size : 53,7 Mb
Release : 2022-10-06
Category : Law
ISBN : 9780192697615

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Sentencing and Human Rights by Sarah J Summers Pdf

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah J Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.

Author : Wolfgang Wagner,Linet R. Durmusoglu,Barbora Holá,Ronald Kroeze,Jan-Willem van Prooijen,Wouter G. Werner
Publisher : Oxford University Press
Page : 257 pages
File Size : 45,7 Mb
Release : 2024
Category : Education
ISBN : 9780197693483

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Punishment in International Society by Wolfgang Wagner,Linet R. Durmusoglu,Barbora Holá,Ronald Kroeze,Jan-Willem van Prooijen,Wouter G. Werner Pdf

Punishment in International Society examines the penal philosophies and practices in international society, arguing for the added value of a punitive lens to international politics. Bringing together an international roster of scholars from the social sciences, law, and humanities, the contributions demonstrate that punitive practices have been more prevalent than commonly acknowledged as they have often been masked as (self-)defence, reparations, or coercive diplomacy. By approaching international punishment from various disciplines, this volume sheds new light on different dimensions of the punitive practices across the globe.

Author : Antje du Bois-Pedain,Shachar Eldar
Publisher : Bloomsbury Publishing
Page : 347 pages
File Size : 48,6 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781509959150

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Re-Reading Beccaria by Antje du Bois-Pedain,Shachar Eldar Pdf

Cesare Beccaria's slim 1764 volume On Crimes and Punishments influenced policy developments worldwide and over decades, if not centuries, after its publication. For those who turn to Beccaria's work today, the encounter is shaped by that knowledge. Appreciative of On Crimes and Punishments' dual nature as historical document and repository of ideas, the contributions in this collection address different aspects of the criminal justice theory Beccaria offered his readers and face up to methodological questions raised by meeting a historical text of this kind – unsystematic and by modern standards often under-argued – with modern scholarly conventions in mind. Contributions in the first part of the book engage with Beccaria's political theory of criminal justice through the lenses of political and penal philosophy, considering how Beccaria's blending of social-contractarian foundations and proto-utilitarian policy analysis interlinks with the concrete set of criminal justice practices Beccaria presents as justified. This leads on to the second part where contributors approach Beccaria's ideas with present-day reforms and developments in mind. Many of his policy proposals and arguments remain significant from our contemporary perspective, their limitations and omissions proving as instructive for the contemporary scholar as their more prescient elements. The third part offers those looking at Beccaria's work today a glimpse into the practical difficulties facing the firebrand author turned public servant during his long career in the Habsburg-Lombardian administration. It puts his work into the broader context of pathways to criminal justice reform in northern Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in Beccaria's day.