The Will To Punish

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The Will to Punish

Author : Didier Fassin
Publisher : Oxford University Press
Page : 209 pages
File Size : 55,7 Mb
Release : 2018
Category : Law
ISBN : 9780190888589

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The Will to Punish by Didier Fassin Pdf

Over the last few decades, most societies have become more repressive, their laws more relentless, their magistrates more inflexible, independently of the evolution of crime. In The Will to Punish, using an approach both genealogical and ethnographic, distinguished anthropologist Didier Fassin addresses the major issues raised by this punitive moment through an inquiry into the very foundations of punishment. What is punishment? Why punish? Who is punished? Through these three questions, he initiates a critical dialogue with moral philosophy and legal theory on the definition, the justification and the distribution of punishment. Discussing various historical and national contexts, mobilizing a ten-year research program on police, justice and prison, and taking up the legacy of Friedrich Nietzsche and Michel Foucault, he shows that the link between crime and punishment is an historical artifact, that the response to crime has not always been the infliction of pain, that punishment does not only proceed from rational logics used to legitimize it, that more severity in sentencing often means increasing social inequality before the law, and that the question, "What should be punished?" always comes down to the questions "Whom do we deem punishable?" and "Whom do we want to be spared?" Going against a triumphant penal populism, this investigation proposes a salutary revision of the presuppositions that nourish the passion for punishing and invites to rethink the place of punishment in the contemporary world. The theses developed in the volume are discussed by criminologist David Garland, historian Rebecca McLennan, and sociologist Bruce Western, to whom Didier Fassin responds in a short essay.

The Will to Punish

Author : Didier Fassin
Publisher : Oxford University Press
Page : 208 pages
File Size : 46,8 Mb
Release : 2018-06-08
Category : Philosophy
ISBN : 9780190888602

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The Will to Punish by Didier Fassin Pdf

Over the last few decades, most societies have become more repressive, their laws more relentless, their magistrates more inflexible, independently of the evolution of crime. In The Will to Punish, using an approach both genealogical and ethnographic, distinguished anthropologist Didier Fassin addresses the major issues raised by this punitive moment through an inquiry into the very foundations of punishment. What is punishment? Why punish? Who is punished? Through these three questions, he initiates a critical dialogue with moral philosophy and legal theory on the definition, the justification and the distribution of punishment. Discussing various historical and national contexts, mobilizing a ten-year research program on police, justice and prison, and taking up the legacy of Friedrich Nietzsche and Michel Foucault, he shows that the link between crime and punishment is an historical artifact, that the response to crime has not always been the infliction of pain, that punishment does not only proceed from rational logics used to legitimize it, that more severity in sentencing often means increasing social inequality before the law, and that the question, "What should be punished?" always comes down to the questions "Whom do we deem punishable?" and "Whom do we want to be spared?" Going against a triumphant penal populism, this investigation proposes a salutary revision of the presuppositions that nourish the passion for punishing and invites to rethink the place of punishment in the contemporary world. The theses developed in the volume are discussed by criminologist David Garland, historian Rebecca McLennan, and sociologist Bruce Western, to whom Didier Fassin responds in a short essay.

To Punish and Protect

Author : Jeanine Pirro,Catherine Whitney
Publisher : St. Martin's Press
Page : 288 pages
File Size : 54,8 Mb
Release : 2015-06-16
Category : Biography & Autobiography
ISBN : 9781250087942

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To Punish and Protect by Jeanine Pirro,Catherine Whitney Pdf

"The office of the district attorney is a battleground, where the fight between good and evil unfolds each day. We see the ugliest side of life, the pain that people go through for no reason. They didn't do anything. They didn't ask for it. Yet here they are, living their personal nightmares. We cannot take away their pain, or turn back time to undo the damage, but we can be the avengers. We can seek justice on their behalf." So begins this riveting account by Westchester County District Attorney, Jeanine Pirro, as she takes us inside the violent world of modern crime fighting. Before Pirro was elected DA in 1993, the job was always considered a man's domain, demanding a macho toughness. Pirro can be as tough as any man, and yet she adds an important new dimension to the role. She believes that being tough on crime means much more than just filling the jails. She goes beyond her role to punish criminals, to be a passionate advocate for the victims of crime. In To Punish and Protect, Pirro brings readers face to face with the gruesome realities of her daily battles, and tells the true, heartbreaking stories of the victims - the slaughter of a young woman and her two children by a jealous, enraged boyfriend; a teenage girl forced to assume wifely duties after her father murdered her stepmother; a nine-year-old boy chained to a radiator in a dark room and nearly starved to death, as the rest of the family went about its business; a gentle, hardworking man shot fatally in a dispute over a parking place, because he was black; an eighty-year-old woman, savagely beaten by her son and left for two days on the cold floor of her apartment; a beautiful woman whose wealth and privilege could not prevent her murder at the hands of a violent husband; and a group of young girls lured into a sexual nightmare by a cunning predator posing as a trustworthy youth counselor. Pirro presents hard truths about the ways in which parents, communities, and the justice system share complicity in fostering an environment of danger to our children. She describes the dark world of Internet pedophiles and hate mongers, who are allowed to hide behind First Amendment protections to gain access to kids in their own bedrooms. She offers a harsh judgment on parents who fail to address the deadly consequences of teen drinking, and even host keg parties in their homes, while alcohol continues to take young lives and destroy families. Pirro delivers a bold indictment of the criminal justice system, and asks whether we as a nation are truly committed to justice. Increasingly, she warns, our laws, attitudes, and behaviors seem to be veering away from what we say is our moral core as a nation. We say that we exalt good and punish evil, yet we do the opposite. We turn criminals into celebrities, and view victims with suspicion. If we're going to make our communities safer and our society less violent, we need to do more than just pay lip service to our ideals. To Punish and Protect challenges us to have the will and the courage to wage war on the predators roaming our streets, and to avenge their victims.

Discipline and Punish

Author : Michel Foucault
Publisher : Vintage
Page : 354 pages
File Size : 52,8 Mb
Release : 2012-04-18
Category : Social Science
ISBN : 9780307819291

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Discipline and Punish by Michel Foucault Pdf

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.

The Death Penalty, Volume II

Author : Jacques Derrida
Publisher : University of Chicago Press
Page : 288 pages
File Size : 42,9 Mb
Release : 2017-05-31
Category : Literary Criticism
ISBN : 9780226410821

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The Death Penalty, Volume II by Jacques Derrida Pdf

"In this newest installment in Chicagos series of Jacques Derridas seminars, the renowned philosopher attempts one of his most ambitious goals: the first truly philosophical argument against the death penalty. While much has been written against the death penalty, Derrida contends that Western philosophy is massively, if not always overtly, complicit with a logic in which a sovereign state has the right to take a life. Haunted by this notion, he turns to the key places where such logic has been established - and to the place it has been most effectively challenged: literature. With his signature genius and patient yet dazzling readings of an impressive breadth of texts, Derrida examines everything from the Bible to Plato to Camus to Jean Genet, with special attention to Kant and postWorld War II juridical texts, to draw the landscape of death penalty discourses. Keeping clearly in view the death rows and execution chambers of the United States, he shows how arguments surrounding cruel and unusual punishment depend on what he calls an 'anesthesial logic, ' which has also driven the development of death penalty technology from the French guillotine to lethal injection. Confronting a demand for philosophical rigor, he pursues provocative analyses of the shortcomings of abolitionist discourse. Above all, he argues that the death penalty and its attendant technologies are products of a desire to put an end to one of the most fundamental qualities of our finite existence: the radical uncertainty of when we will die. Arriving at a critical juncture in history - especially in the United States, one of the last Christian-inspired democracies to resist abolition - The Death Penalty is both a timely response to an important ethical debate and a timeless addition to Derridas esteemed body of work"--Unedited summary from book jacket.

The Spectacle of the Scaffold

Author : Michel Foucault
Publisher : Penguin UK
Page : 0 pages
File Size : 48,9 Mb
Release : 2008
Category : Prison discipline
ISBN : 0141036648

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The Spectacle of the Scaffold by Michel Foucault Pdf

Foucault's writings on power and control in social institutions have made him one of the modern era's most influential thinkers. Here he argues that punishment has gone from being mere spectacle to becoming an instrument of systematic domination over individuals in society - not just of our bodies, but our souls. Throughout history, some books have changed the world. They have transformed the way we see ourselves - and each other. They have inspired debate, dissent, war and revolution. They have enlightened, outraged, provoked and comforted. They have enriched lives - and destroyed them. Now Penguin brings you the works of the great thinkers, pioneers, radicals and visionaries whose ideas shook civilization and helped make us who we are.

Judge and Punish

Author : Geoffroy de Lagasnerie
Publisher : Stanford University Press
Page : 236 pages
File Size : 41,7 Mb
Release : 2018-05-22
Category : Philosophy
ISBN : 9781503605794

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Judge and Punish by Geoffroy de Lagasnerie Pdf

What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.

Punishment

Author : Thom Brooks
Publisher : Routledge
Page : 242 pages
File Size : 42,6 Mb
Release : 2021-03-30
Category : Law
ISBN : 9781315527758

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Punishment by Thom Brooks Pdf

Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.

The Powers that Punish

Author : Charles Bright
Publisher : University of Michigan Press
Page : 336 pages
File Size : 47,5 Mb
Release : 2010-05-18
Category : Law
ISBN : 9780472023110

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The Powers that Punish by Charles Bright Pdf

In a pathbreaking study of a major state prison, Michigan's Jackson State Penitentiary during the middle years of this century, Charles Bright addresses several aspects of the history and theory of punishment. The study is an institutional history of an American penitentiary, concerned with how a carceral regime was organized and maintained, how prisoners were treated and involved in the creation of a regime of order and how penal practices were explained and defended in public. In addition, it is a meditation upon punishment in modern society and a critical engagement with prevailing theories of punishment coming out of liberal, Marxist and post structuralist traditions. Deploying theory critically in a historic narrative, it applies new, relational theories of power to political institutions and practices. Finally, in studying the history of the Jackson prison, Bright provides a rich account, full of villains and a few heroes, of state politics in Michigan during a period of rapid transition between the 1920s to the 1950s. The book will be of direct relevance to criminologists and scholars of punishment, and to historians concerned with the history of punishment and prisons in the United States. It will also be useful to political scientists and historians concerned with exploring new approaches to the study of power and with the transformation of state politics in the 1930s and 1940s. Finally Bright tells a story which will fascinate students of modern Michigan history. Charles Bright is a historian and Lecturer at the Residential College of the University of Michigan.

Punishment in Popular Culture

Author : Austin Sarat
Publisher : NYU Press
Page : 316 pages
File Size : 49,7 Mb
Release : 2015-06-05
Category : Law
ISBN : 9781479861958

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Punishment in Popular Culture by Austin Sarat Pdf

Resource added for the Criminal Justice – Law Enforcement 105046 and Professional Studies 105045 programs.

Rejecting Retributivism

Author : Gregg D. Caruso
Publisher : Cambridge University Press
Page : 401 pages
File Size : 55,5 Mb
Release : 2021-04-29
Category : Law
ISBN : 9781108484701

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Rejecting Retributivism by Gregg D. Caruso Pdf

Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.

Why Punish? How Much?

Author : Michael H. Tonry
Publisher : Oxford University Press on Demand
Page : 452 pages
File Size : 43,5 Mb
Release : 2011
Category : Law
ISBN : 9780195328851

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Why Punish? How Much? by Michael H. Tonry Pdf

Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.

Punishment Without Crime

Author : Alexandra Natapoff
Publisher : Basic Books
Page : 320 pages
File Size : 40,9 Mb
Release : 2018-12-31
Category : Law
ISBN : 9780465093809

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Punishment Without Crime by Alexandra Natapoff Pdf

A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018

Punished by Rewards

Author : Alfie Kohn
Publisher : Mariner Books
Page : 452 pages
File Size : 42,6 Mb
Release : 1999
Category : Behaviorism (Psychology).
ISBN : UCSC:32106015812255

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Punished by Rewards by Alfie Kohn Pdf

Criticizes the system of motivating through reward, offering arguments for motivating people by working with them instead of doing things to them.

Why Punish?

Author : Rob Canton
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 44,9 Mb
Release : 2017-09-16
Category : Social Science
ISBN : 9781350306059

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Why Punish? by Rob Canton Pdf

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.