Moral Order And The Criminal Law

Author : Boutellier, Hans
Publisher : Bristol University Press
Page : 192 pages
File Size : 45,8 Mb
Release : 2020-07-15
Category : Social Science
ISBN : 9781529203837

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A Criminology of Moral Order by Boutellier, Hans Pdf

Moral order is disturbed by criminal events. However, in a secularized and networked society a common moral ground is increasingly hard to find. People feel confused about the bigger issues of our time such as crime, anti-social behaviour, Islamist radicalism, sexual harassment and populism. Traditionally, issues around morality have been neglected by criminologists. Through theory, case studies and discussion, this book sheds a new and topical light on these concerns. Using the moral perspective, Boutellier bridges the gap between people’s emotional opinions on crime, and criminologists' rationalized answers to questions of crime and security.

Author : J.C. Boutellier
Publisher : Springer Science & Business Media
Page : 187 pages
File Size : 41,5 Mb
Release : 2013-12-12
Category : Social Science
ISBN : 9789400900134

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Crime and Morality by J.C. Boutellier Pdf

Over the last twenty-five years the significance of criminal justice has dramatically changed. In a "post-modern" culture, criminal law serves more and more as a focal point in public morality. The "discovery" of the victim of crime can be seen as the marking point by which criminal justice got its central position in the maintenance of social order. It is the result of a general "victimalization" of today's morality. This ingenious book - according to Michael Tonry - combines insights from criminology, sociology and moral philosophy. It is especially inspired by the work of Richard Rorty, who stresses the sensibility for suffering as the major source of morality in post-modern times. It describes the arousal of attention for victims and the development of crime prevention. More specifically, it analyzes child sexual abuse and prostitution. This "illuminating" book will be an eye-opener for theorists in criminology and moral philosophy, but will also be an inspiring work for policy makers in the area of criminal justice.

Author : O. Lee,T.A. Robertson
Publisher : Springer Science & Business Media
Page : 283 pages
File Size : 47,7 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401024389

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“Moral Order” and The Criminal Law by O. Lee,T.A. Robertson Pdf

XIV Seen as a whole, however, I regard the work before us to be especially noteworthy precisely because of its illumination of both the social contexts surrounding the law and the ideas which underlie the efforts towards criminal law reform. An analysis of this kind has not appeared until now, to my knowledge, even in the German literature on the subject, so that this book is of great value to ·the German reader as well as the American. B. Particulars In Chapter IV: A the authors give a general introduction into the development of the German criminal law reform. In that connection they recognize the special role of the Christian Democratic (CDU), Socialist (SPD) coalition in the political situation [leading to passage of the reform law]. The authors emphasize the importance of the introduction of a uniform prison sentence [that is to say ·the termination of the distinction between kinds of prison sentences] and the elimination of short term prison sentences, as the main points of the reform in the "general part" of the code. They remark (pages 170; 192) that a uniform concept of the goal of punishment is still lacking, although, when all is said, there is a general agreement on the principle of resocialization.

Author : Aniceto Masferrer
Publisher : Springer Nature
Page : 361 pages
File Size : 52,9 Mb
Release : 2021-02-09
Category : Law
ISBN : 9783030641634

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Criminal Law and Morality in the Age of Consent by Aniceto Masferrer Pdf

This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.

Author : Kirsten Fisher
Publisher : Routledge
Page : 222 pages
File Size : 43,5 Mb
Release : 2013-03
Category : Law
ISBN : 9781136633331

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Moral Accountability and International Criminal Law by Kirsten Fisher Pdf

"In the past couple of decades an autonomous international system of law has aggressively developed to deal with individual criminal responsibility for the most heinous of crimes. However, the development and application of the international criminal system is mired in criticism and concern. While international criminal law is playing an increasingly important role in global politics and issues of global security, normative theory has not kept pace with the advancements in this area of law. This book examines international criminal law (ICL) from a normative perspective, setting out how individuals ought to be held accountable to the world for their contribution to atrocity. In addition to addressing the normative basis for ICL, the book provides criteria for determining the kinds of actions that should be addressed through international criminal law. It asks, and answers, how individual responsibility can be determined in the context of collectively perpetrated political crimes and whether an international criminal justice system can claim universality in a culturally plural world. The book scrutinizes the function of ICL and finally considers how the goals and purpose of international law can be best institutionally supported"--

Author : Larry Alexander,Kimberly Kessler Ferzan
Publisher : Springer Nature
Page : 794 pages
File Size : 52,9 Mb
Release : 2019-12-02
Category : Philosophy
ISBN : 9783030228118

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The Palgrave Handbook of Applied Ethics and the Criminal Law by Larry Alexander,Kimberly Kessler Ferzan Pdf

This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.

Author : William Dawson Lamont
Publisher : Mercat Press Books
Page : 152 pages
File Size : 48,7 Mb
Release : 1981
Category : Law
ISBN : UOM:39015002733320

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Law and the Moral Order by William Dawson Lamont Pdf

Author : H. L. A. Hart,Herbert Lionel Adolphus Hart
Publisher : Stanford University Press
Page : 100 pages
File Size : 45,7 Mb
Release : 1963
Category : Political Science
ISBN : 0804701547

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Law, Liberty, and Morality by H. L. A. Hart,Herbert Lionel Adolphus Hart Pdf

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.

Author : Antony Duff,Lindsay Farmer,S. E. Marshall,Massimo Renzo,Victor Tadros
Publisher : Criminalization
Page : 337 pages
File Size : 41,9 Mb
Release : 2014
Category : Law
ISBN : 9780198726357

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Criminalization by Antony Duff,Lindsay Farmer,S. E. Marshall,Massimo Renzo,Victor Tadros Pdf

This volume examines the political morality of the criminal law, exploring general principles and theories of criminalisation. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalisation by viewing them in a novel light.

Author : Farhad Malekian
Publisher : Springer
Page : 340 pages
File Size : 43,6 Mb
Release : 2017-03-31
Category : Law
ISBN : 9783319469003

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Judgments of Love in Criminal Justice by Farhad Malekian Pdf

This volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.

Author : Victor Tadros
Publisher : Oxford University Press on Demand
Page : 385 pages
File Size : 48,9 Mb
Release : 2011-09-15
Category : Law
ISBN : 9780199554423

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The Ends of Harm by Victor Tadros Pdf

How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.

Author : Patrick Devlin
Publisher : Amagi Books
Page : 0 pages
File Size : 45,9 Mb
Release : 2009
Category : Law
ISBN : 0865978050

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The Enforcement of Morals by Patrick Devlin Pdf

Are morals always relative? Are private actions--among consenting adults-- always beyond the law? Or are there some behaviors which so weaken a society that common beliefs about right and wrong must be enforced to protect the common good? In opposing the decriminalization of private acts of homosexuality in Britain, Patrick Devlin maintained that not only is it reasonable to allow popular morality to influence lawmaking, it is imperative: " . . . For a society is not something that is kept together physically; it is held by the invisible bonds of common thought." Today, as divisive issues such as same-sex marriage and "don't ask, don't tell" confront our legislative, judicial, and executive branches, the views expressed by Devlin in The Enforcement of Morals resonate and reverberate anew. Patrick Devlin (1905-1992) studied history and law at Cambridge University and became a successful lawyer.

Author : Richard A. Wasserstrom
Publisher : Unknown
Page : 168 pages
File Size : 44,9 Mb
Release : 1971
Category : Law
ISBN : UOM:39015002840513

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Morality and the Law by Richard A. Wasserstrom Pdf

Author : Vincent Chiao
Publisher : Studies in Penal Theory and Ph
Page : 289 pages
File Size : 46,9 Mb
Release : 2018-11-12
Category : Law
ISBN : 9780190273941

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Criminal Law in the Age of the Administrative State by Vincent Chiao Pdf

What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

Author : Patrick Baron Devlin
Publisher : Unknown
Page : 164 pages
File Size : 43,6 Mb
Release : 1970
Category : Law and ethics
ISBN : UOM:39015001848483

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The Enforcement of Morals by Patrick Baron Devlin Pdf