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Penal Philosophy by Gabriel Tarde,Gabriel de Tarde Pdf
Tarde constructs a sociological explanantion of crime in which the individual is ultimately the principal actor, and suggests forms of penalty whose principles avoided the determinist implications of positivism. The book should be of interest to students of criminology, jurisprudence and sociology.
Tarde constructs a sociological explanantion of crime in which the individual is ultimately the principal actor, and suggests forms of penalty whose principles avoided the determinist implications of positivism. The book should be of interest to students of criminology, jurisprudence and sociology.
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... INDEX A Abandoned children, 289. "Abigeato," 277, 282. Abolition of death penalty, 530; and of war, 555, 556; rule as to decrease of criminality on, 543, 544; in politi- cal matters, 559; temporary, 563; reason for movement for, 566. Abortion, 357. Absolute, madness, 168; imitativeness, 199; criminality, 223, 225; the, 456; conviction, 457. Abuse of confidence, yearly average, 352. Accomplices, 286, 471. Accumulation, by a civilization of competing elements, 560. Accusation, changes in the, 403. Acquittals by jury, 445. Action, civil, 425, 428; criminal, 426, 428. Adults, indecent assaults upon, 356. Age, 810, 311; old, 201; Tardieu on effect of, on criminals, 201. Agriculture, 312. Alcoholism, 157. Alienation, mental and social, 120; difference between, 122. Alimena, 467. Altruism, 104, 538. Ambitions, 117. Amelioration, of the criminal, 508. Amendment as the last form of pun- ishment, 147. Amnesia, 191. Analogy between police laws, laws of procedure and penal justice, and pro- tective tariffs, 387; between histori- cal changes in crime and in industry, 396. Anchorites, 518. Anomalies found among criminals and "normals," 67. Anthropology, 47; criminal, 149. Arson, 334; yearly average, 352; pre- meditation in cases of, 467. Artistic expansion, 318. Assassination, political, 333; in Paris, 350; yearly average, 351; motives inspiring, 354. Assassins, 230, 414. Assault, indecent, 291, 306, 355; upon adults, 356; upon children, 356. Association, 196; of images, 196. Astronomical curve, the, 297. Asylums, prison-, 81. Atavism, 230; Darwinian theory of, 62; Marro on, 66, 67. Attempt, 468; likening of, to accom- plished crime, repugnant to common sense, 470. Augustinianism, 17. Australia, penal colonies in, 208, 209. Autocrat, irresponsibility...
Why do we punish? Is it because only punishment can achieve justice for victims and 'right the wrong' of a crime? Or is it justified because it reduces crime, by deterring potential offenders, offering rehabilitative treatment to others and incapacitating the most dangerous? The complex answers to this enduring question vary across time and place, and are directly linked to people's personal, cultural, social, religious and ethical commitments and even their sense of identity. This unique introduction to the philosophy of punishment provides a systematic analysis of the themes of retribution, deterrence, rehabilitation, incapacitation and restorative justice. Integrating philosophical, sociological, political and ethical perspectives, it provides a thorough and wide-ranging discussion of the purposes, meanings and justifications of punishment for crime and the extent to which punishment does, could or should live up to what it claims to achieve. Why Punish? challenges criminology and criminal justice students as well as policy makers, judges, magistrates and criminal justice practitioners to think more critically about the role of punishment and the moral principles that underpin it. Bridging abstract theory with the realities of practice, Rob Canton asks what better punishment would look like and how it can be achieved.
Author : Arthur Shuster Publisher : University of Toronto Press Page : 191 pages File Size : 43,5 Mb Release : 2016-01-27 Category : Law ISBN : 9781442667716
Punishment and the History of Political Philosophy by Arthur Shuster Pdf
Contemporary philosophy still lacks a satisfying theory of punishment, one that adequately addresses our basic moral concerns. Yet, as the crisis of incarceration in the United States and elsewhere shows, the need for a deeper understanding of punishment’s purpose has never been greater. In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault. Through careful interpretation of their key texts, he argues that continuing tensions over retribution’s role in punishment reflect the shift in political philosophy from classical republicanism to modern notions of individual natural rights and the social contract. This book will be vital reading for political theorists, philosophers, criminologists, and legal scholars looking for a new perspective on the moral challenges faced by the modern criminal justice system.
The New Philosophy of Criminal Law by Chad Flanders,Zachary Hoskins Pdf
This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law.
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.
The New Philosophy of Criminal Law by Chad Flanders,Zachary Hoskins Pdf
This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law.
Moral Pluralism and the Complexity of Punishment by Nicolas Nayfeld Pdf
This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart’s key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart’s philosophy, the philosophy of law and criminal law.
This revised and updated edition of a highly successful text provides a comprehensive account of the ideas and controversies that have arisen within law, philosophy, sociology and criminology about the punishment of criminals. Written in a clear, accessible style, it summarises major philosophical ideas - retribution, rehabilitation, incapacitation - and discusses their strengths and weaknesses.
Punishment, Communication, and Community by R. A. Duff Pdf
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.