A Theory Of Legal Punishment
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A Theory Of Legal Punishment
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Author : Matthew C. Altman
language : en
Publisher: Routledge
Release Date : 2021-05-05
A Theory Of Legal Punishment written by Matthew C. Altman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-05 with Law categories.
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
Honor And Revenge A Theory Of Punishment
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Author : Whitley R.P. Kaufman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-08-28
Honor And Revenge A Theory Of Punishment written by Whitley R.P. Kaufman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-28 with Philosophy categories.
This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new “abolitionist” movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.
Theories Of Punishment
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Author : Stanley E. Grupp
language : en
Publisher:
Release Date : 1972
Theories Of Punishment written by Stanley E. Grupp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Social Science categories.
The Practice Of Punishment
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Author : Wesley Cragg
language : en
Publisher: Routledge
Release Date : 2003-09-02
The Practice Of Punishment written by Wesley Cragg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-02 with Philosophy categories.
This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.
Punishment Compensation And Law
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Author : Mark R. Reiff
language : en
Publisher: Cambridge University Press
Release Date : 2005-07-11
Punishment Compensation And Law written by Mark R. Reiff and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-07-11 with Philosophy categories.
This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.
Punishment And Responsibility
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Author : H. L. A. Hart
language : en
Publisher: OUP Oxford
Release Date : 2008-03-06
Punishment And Responsibility written by H. L. A. Hart and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-06 with Law categories.
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
Justifying Legal Punishment
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Author : Igor Primoratz
language : en
Publisher:
Release Date : 1989
Justifying Legal Punishment written by Igor Primoratz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Social Science categories.
Punishment
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Author : Mark Tunick
language : en
Publisher: Univ of California Press
Release Date : 2023-12-22
Punishment written by Mark Tunick and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-22 with Social Science categories.
What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment. Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle. Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.
The Palgrave Handbook On The Philosophy Of Punishment
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Author : Matthew C. Altman
language : en
Publisher: Springer Nature
Release Date : 2023-03-23
The Palgrave Handbook On The Philosophy Of Punishment written by Matthew C. Altman and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-23 with Philosophy categories.
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.
State Punishment
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Author : Nicola Lacey
language : en
Publisher: Routledge
Release Date : 2012-10-12
State Punishment written by Nicola Lacey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-12 with Philosophy categories.
Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.