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Author : Gregg D. Caruso
Publisher : Cambridge University Press
Page : 401 pages
File Size : 41,7 Mb
Release : 2021-04-29
Category : Law
ISBN : 9781108484701
Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Author : Leo Zaibert
Publisher : Cambridge University Press
Page : 277 pages
File Size : 55,8 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781107194120
Rejecting traditional alternatives, Leo Zaibert offers an original and refreshing approach to the age-old problem of the justification of punishment.
Author : Erin I. Kelly
Publisher : Harvard University Press
Page : 216 pages
File Size : 41,9 Mb
Release : 2018-11-12
Category : Philosophy
ISBN : 9780674989412
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 : Mark D. White
Publisher : Oxford University Press
Page : 272 pages
File Size : 47,5 Mb
Release : 2011-04-25
Category : Law
ISBN : 9780199877010
In Retributivism: Essays on Theory and Policy, Professor Mark D. White and his contributors offer analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than to serve some general social purpose. The contemporary debate over retributivist punishment has become particularly vibrant in recent years, focusing increasingly on its political and economic as well as its philosophical aspects, and also on its practical ramifications in addition to theoretical implications. The twelve chapters in this book, written by leading legal scholars and philosophers, cover the various justifications and conceptions of retributivism, its philosophical foundations (often questioning conventional understandings), and how retributivism informs actual criminal justice procedures and practices.
Author : Matthew C. Altman
Publisher : Springer Nature
Page : 801 pages
File Size : 46,8 Mb
Release : 2023-03-23
Category : Philosophy
ISBN : 9783031118746
This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.
Author : Harold Hongju Koh,Ronald C. Slye,Ronald Slye
Publisher : Yale University Press
Page : 325 pages
File Size : 50,7 Mb
Release : 1999-01-01
Category : Political Science
ISBN : 9780300081671
And Ronald C. Slye
Author : Daniel C. Dennett,Gregg D. Caruso
Publisher : John Wiley & Sons
Page : 145 pages
File Size : 52,5 Mb
Release : 2021-01-14
Category : Philosophy
ISBN : 9781509545773
The concept of free will is profoundly important to our self-understanding, our interpersonal relationships, and our moral and legal practices. If it turns out that no one is ever free and morally responsible, what would that mean for society, morality, meaning, and the law? Just Deserts brings together two philosophers – Daniel C. Dennett and Gregg D. Caruso – to debate their respective views on free will, moral responsibility, and legal punishment. In three extended conversations, Dennett and Caruso present their arguments for and against the existence of free will and debate their implications. Dennett argues that the kind of free will required for moral responsibility is compatible with determinism – for him, self-control is key; we are not responsible for becoming responsible, but are responsible for staying responsible, for keeping would-be puppeteers at bay. Caruso takes the opposite view, arguing that who we are and what we do is ultimately the result of factors beyond our control, and because of this we are never morally responsible for our actions in the sense that would make us truly deserving of blame and praise, punishment and reward. Just Deserts introduces the concepts central to the debate about free will and moral responsibility by way of an entertaining, rigorous, and sometimes heated philosophical dialogue between two leading thinkers.
Author : Wesley Cragg
Publisher : Franz Steiner Verlag
Page : 178 pages
File Size : 54,9 Mb
Release : 1992
Category : Law
ISBN : 3515060294
Retributivism is currently a keenly debated theory of punishment. In this volume, the contributors explore its various dimensions including its implications for sentencing and evaluate it against utilitarian options. Content: Jean Hampton: An Expressive Theory of Retribution u Brian Slattery: The Myth of Retributive Justice u Tim Dare: Retributivism, Punishment and Public Values u Anthony Duff: Alternatives to Punishment - or Alternative Punishments u Jerome Bickenbach: Duff on Non-Custodial Punishment u Sandra Marshall: Harm and Punishment in the Community. (Franz Steiner 1992)
Author : Elizabeth Shaw,Derk Pereboom,Gregg D. Caruso
Publisher : Cambridge University Press
Page : 247 pages
File Size : 52,6 Mb
Release : 2019-08-29
Category : Philosophy
ISBN : 9781108661263
'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what (if any) changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism.
Author : Michael Tonry
Publisher : OUP USA
Page : 304 pages
File Size : 43,5 Mb
Release : 2011-12-12
Category : Law
ISBN : 9780199798278
A collection of essays by major figures in punishment theory, law, and philosophy that reconsiders the popularity and prospects of retributivism, the notion that punishment is morally justified because people have behaved wrongly.
Author : Gregg D. Caruso
Publisher : Lexington Books
Page : 335 pages
File Size : 55,5 Mb
Release : 2013-07-05
Category : Philosophy
ISBN : 9780739177327
Exploring the Illusion of Free Will and Moral Responsibility investigates the philosophical and scientific arguments for free will skepticism and their implications. Skepticism about free will and moral responsibility has been on the rise in recent years. In fact, a significant number of philosophers, psychologists, and neuroscientists now either doubt or outright deny the existence of free will and/or moral responsibility—and the list of prominent skeptics appears to grow by the day. Given the profound importance that the concepts of free will and moral responsibility hold in our lives—in understanding ourselves, society, and the law—it is important that we explore what is behind this new wave of skepticism. It is also important that we explore the potential consequences of skepticism for ourselves and society. Edited by Gregg D. Caruso, this collection of new essays brings together an internationally recognized line-up of contributors, most of whom hold skeptical positions of some sort, to display and explore the leading arguments for free will skepticism and to debate their implications.
Author : Michael S. Moore
Publisher : Oxford University Press
Page : 352 pages
File Size : 43,6 Mb
Release : 2020-05-08
Category : Law
ISBN : 9780190864002
Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions. Such challenges--four in number--are distinguished from each other by the different neuroscientific facts from which they arise: the fact that human choices are caused by brain events; the fact that those choices don't cause the actions that are their objects but are only epiphenomenal to those choices; the fact that those choices are identical to certain physical events in the brain; and the fact that human subjects are quite fallible in their knowledge of what they are doing and why. The body of this book shows how such challenges are either based on faulty facts or misconceived as to the relevance of such facts to responsibility. The book ends with a detailed examination of the neuroscience of addiction, an examination which illustrates how neuroscience can help rather than challenge both law and morality in their quest to accurately define excuses from responsibility.
Author : Gregg D. Caruso,Derk Pereboom
Publisher : Cambridge University Press
Page : 150 pages
File Size : 45,9 Mb
Release : 2022-12-01
Category : Philosophy
ISBN : 9781009219761
This Element examines the concept of moral responsibility as it is used in contemporary philosophical debates and explores the justifiability of the moral practices associated with it, including moral praise/blame, retributive punishment, and the reactive attitudes of resentment and indignation. After identifying and discussing several different varieties of responsibility-including causal responsibility, take-charge responsibility, role responsibility, liability responsibility, and the kinds of responsibility associated with attributability, answerability, and accountability-it distinguishes between basic and non-basic desert conceptions of moral responsibility and considers a number of skeptical arguments against each. It then outlines an alternative forward-looking account of moral responsibility grounded in non-desert-invoking desiderata such as protection, reconciliation, and moral formation. It concludes by addressing concerns about the practical implications of skepticism about desert-based moral responsibility and explains how optimistic skeptics can preserve most of what we care about when it comes to our interpersonal relationships, morality, and meaning in life.
Author : Padraig McAuliffe
Publisher : Routledge
Page : 274 pages
File Size : 47,8 Mb
Release : 2013-06-26
Category : Law
ISBN : 9781135037758
This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.
Author : Aku Visala,Olli-Pekka Vainio
Publisher : Taylor & Francis
Page : 228 pages
File Size : 42,8 Mb
Release : 2023-07-21
Category : Religion
ISBN : 9781000790047
Free will is a perennial theological and philosophical topic. As a central dogmatic locus, it is implicated in discussions around core Christian doctrines such as grace, salvation, sin, providence, evil, and predestination. This book offers a state-of-the-art look at recent debates about free will in analytic and philosophical theology. The chapters revolve around three central themes: the debate between theological compatibilists and libertarians, the communal nature of Christian freedom, and the role of free will in Christology. With contributions by leading scholars, the volume provides a valuable overview of current arguments as well as novel openings and ideas for further discussion.