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Author : Michael Tonry
Publisher : OUP USA
Page : 304 pages
File Size : 49,9 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 : Mark D. White
Publisher : Oxford University Press
Page : 270 pages
File Size : 43,8 Mb
Release : 2011-05-05
Category : Law
ISBN : 9780199752232
The 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 deterrence, rehabilitation, or vengeance.
Author : Gregg D. Caruso
Publisher : Cambridge University Press
Page : 401 pages
File Size : 45,5 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 : Ferdinand David Schoeman
Publisher : Cambridge University Press
Page : 370 pages
File Size : 43,5 Mb
Release : 1987
Category : Philosophy
ISBN : 0521339510
An examination of the responsibility individuals have for their actions and characters.
Author : David Hayes
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 45,9 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781509917990
This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions. It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, within a democratic society. Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although this inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too.
Author : Esmorie Miller
Publisher : Routledge
Page : 288 pages
File Size : 50,7 Mb
Release : 2021-12-30
Category : Social Science
ISBN : 9781351039444
Race, Recognition and Retribution in Contemporary Youth Justice provides a cross-national, sociohistorical investigation of the legacy of racial discrimination, which informs contemporary youth justice practice in Canada and England. The book links racial disparities in youth justice, especially exclusion from ideologies of care and notions of future citizenship, with historical practices of exclusion. Despite the logic of care found in both rehabilitative and retributive forms of youth justice, Black inner-city youth remain excluded from lenience and social welfare considerations. This exclusion reflects a historical legacy of racial discrimination apparent in the harsher sanctions levied against Black, innercity youth. In exploring race’s role in this arrangement, the book asks: To what extent were Black youth excluded from historic considerations of the lenience and social care, built into the logic of youth justice in England and Canada? To what extent are the disproportionately high incarceration rates, for Black, inner-city youth in the contemporary system, a reflection of a historic exclusion from considerations of lenience and social care? How might contemporary justice efforts be reoriented to explicitly prioritize considerations of lenience and social care ahead of penalty for Black, inner-city youth? Examining the entrenched structural continuities of racial discrimination, the book draws on archival and interview data, with interviewees including professionals who work with inner-city youth. In concert with the archival and interview data, the book offers the intractability/malleability I/M thesis, an integrated social theoretical logic with the capacity to expand the customary analytical scope for understanding the contemporary entrenched normalization of racialized youth as punishable. The aim is to advance a historicized account, exploring youth’s positioning as constitutive of a continuity of racialized peoples’, in general, and youth’s, in particular, historic exclusion from the benefits of modern rights, including lenience and care. The I/M logic takes its analytical currency from a combined critical race theory (CRT) and recognition theory. The book argues that a truly progressive era of youth justice necessitates cultivating policy and practice which explicitly prioritizes considerations of lenience and social care, ahead of reliance on penalty. This multidisciplinary book is valuable reading for academics and students researching criminology, sociology, politics, anthropology, critical race studies, and history. It will also appeal to practitioners in the field of youth justice, policymakers, and third-sector organizations.
Author : Leo Zaibert
Publisher : Routledge
Page : 236 pages
File Size : 51,6 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317073246
Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
Author : Andreas von Hirsch
Publisher : Bloomsbury Publishing
Page : 206 pages
File Size : 43,8 Mb
Release : 2017-02-09
Category : Law
ISBN : 9781509902675
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Author : Jonathan Jacobs,Jonathan Jackson
Publisher : Routledge
Page : 398 pages
File Size : 55,5 Mb
Release : 2016-07-01
Category : Philosophy
ISBN : 9781134619450
The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.
Author : David Birks,Thomas Douglas
Publisher : Engaging Philosophy
Page : 383 pages
File Size : 47,5 Mb
Release : 2018
Category : Law
ISBN : 9780198758617
Preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, highly restrictive of basic freedoms, and significantly harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, restrictive of freedom of movement, and rarely more than modestly effective at preventing recidivism. Crime-preventing neurointerventions (CPNs) are increasingly being advocated, and there is a growing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Future neuroscientific advances could yield further CPNs; we could ultimately have at our disposal a range of drugs capable of suppressing violent aggression and it is not difficult to imagine possible applications of such drugs in crime prevention. Neurointerventions hold out the promise of preventing recidivism in ways that are both more effective, and more humane. But should neurointerventions be used in crime prevention? And may the state ever permissibly impose CPNs as part of the criminal justice process, either unconditionally, or as a condition of parole or early release? The use of CPNs raises several ethical concerns, as they could be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought. In the first book-length treatment of this topic, Treatment for Crime, brings together original contributions from internationally renowned moral and political philosophers to address these questions and consider the possible issues, recognizing how humanity has a track record of misguided, harmful and unwarrantedly coercive use of neurotechnological 'solutions' to criminality. The Engaging Philosophy series is a new forum for collective philosophical engagement with controversial issues in contemporary society.
Author : Peter Whelan
Publisher : Oxford University Press
Page : 625 pages
File Size : 48,5 Mb
Release : 2023-08-25
Category : Law
ISBN : 9780198844839
In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.
Author : Annabelle Lever,Andrei Poama
Publisher : Routledge
Page : 560 pages
File Size : 40,7 Mb
Release : 2018-10-26
Category : Philosophy
ISBN : 9781315461717
What does it mean to do public policy ethics today? How should philosophers engage with ethical issues in policy-making when policy decisions are circumscribed by political and pragmatic concerns? How do ethical issues in public policy differ between areas such as foreign policy, criminal justice, or environmental policy? The Routledge Handbook of Ethics and Public Policy addresses all these questions and more, and is the first handbook of its kind. It is comprised of 41 chapters written by leading international contributors, and is organised into four clear sections covering the following key topics: Methodology: philosophical approaches to public policy, ethical expertise, knowledge, and public policy Democracy and public policy: identity, integration and inclusion: voting, linguistic policy, discrimination, youth policy, religious toleration, and the family Public goods: defence and foreign policy, development and climate change, surveillance and internal security, ethics of welfare, healthcare and fair trade, sovereignty and territorial boundaries, and the ethics of nudging Public policy challenges: criminal justice, policing, taxation, poverty, disability, reparation, and ethics of death policies. The Routledge Handbook of Ethics and Public Policy is essential reading for students and researchers in philosophy, politics, and social policy. It will be equally useful to those in related disciplines, such as economics and law, or professional fields, such as business administration or policy-making in general.
Author : Marek C. Oziewicz
Publisher : Routledge
Page : 245 pages
File Size : 40,8 Mb
Release : 2015-04-17
Category : Literary Criticism
ISBN : 9781317610816
This book is the first to offer a justice-focused cognitive reading of modern YA speculative fiction in its narrative and filmic forms. It links the expansion of YA speculative fiction in the 20th century with the emergence of human and civil rights movements, with the communitarian revolution in conceptualizations of justice, and with spectacular advances in cognitive sciences as applied to the examination of narrative fiction. Oziewicz argues that complex ideas such as justice are processed by the human mind as cognitive scripts; that scripts, when narrated, take the form of multiply indexable stories; and that YA speculative fiction is currently the largest conceptual testing ground in the forging of justice consciousness for the 21st century world. Drawing on recent research in the cognitive and evolutionary sciences, Oziewicz explains how poetic, retributive, restorative, environmental, social, and global types of justice have been represented in narrative fiction, from 19th century folk and fairy tales through 21st century fantasy, dystopia, and science fiction. Suggesting that the appeal of these and other nonmimetic genres is largely predicated on the dream of justice, Oziewicz theorizes new justice scripts as conceptual tools essential to help humanity survive the qualitative leap toward an environmentally conscious, culturally diversified global world. This book is an important contribution to studies of children’s and YA speculative fiction, adding a new perspective to discussions about the educational as well as social potential of nonmimetic genres. It demonstrates that the justice imperative is very much alive in YA speculative fiction, creating new visions of justice relevant to contemporary challenges.
Author : Jim Leitzel
Publisher : Oxford University Press, USA
Page : 221 pages
File Size : 42,6 Mb
Release : 2015
Category : Law
ISBN : 9780190213978
"A comprehensive integration of the fields of law and economics"--
Author : J. Angelo Corlett
Publisher : Springer Science & Business Media
Page : 253 pages
File Size : 41,8 Mb
Release : 2006-07-10
Category : Philosophy
ISBN : 9781402041488
A provocative and lucid defense of retributivism against several long-standing criticisms. The author explores the matter of reparations for past wrongs in the case of crimes committed against Native Americans by the United States Government. Unequaled in its depth and scope of discussion the book delves deeply into particular concerns with retributivism, responsibility, and certain areas of compensation.