Honor And Revenge A Theory Of Punishment
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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.
A Theory Of Legal Punishment
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Author : Matthew Altman
language : en
Publisher: Routledge
Release Date : 2021-05-05
A Theory Of Legal Punishment written by Matthew 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.
Violence And Punishment
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Author : Pieter Spierenburg
language : en
Publisher: John Wiley & Sons
Release Date : 2013-08-22
Violence And Punishment written by Pieter Spierenburg and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-22 with Social Science categories.
This innovative book tells the fascinating tale of the long histories of violence, punishment, and the human body, and how they are all connected. Taking the decline of violence and the transformation of punishment as its guiding themes, the book highlights key dynamics of historical and social change, and charts how a refinement and civilizing of manners, and new forms of celebration and festival, accompanied the decline of violence. Pieter Spierenburg, a leading figure in historical criminology, skillfully extends his view over three continents, back to the middle ages and even beyond to the Stone Age. Ranging along the way from murder to etiquette, from social control to popular culture, from religion to death, and from honor to prisons, every chapter creatively uses the theories of Norbert Elias, while also engaging with the work of Foucault and Durkheim. The scope and rigor of the analysis will strongly interest scholars of criminology, history, and sociology, while the accessible style and the intriguing stories on which the book builds will appeal to anyone interested in the history of violence and punishment in civilization.
Conflict And Resolution The Ethics Of Forgiveness Revenge And Punishment
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Author : Paula Satne
language : en
Publisher: Springer Nature
Release Date : 2022-05-05
Conflict And Resolution The Ethics Of Forgiveness Revenge And Punishment written by Paula Satne and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-05 with Philosophy categories.
Given the current climate of political division and global conflict it is not surprising that there has been an increasing interest in how we ought to respond to perceived wrongdoing, both personal and political. In this volume, top scholars from around the world contribute all new original essays on the ethics of forgiveness, revenge, and punishment. This book draws on both historical and contemporary debates in order to answer important questions about the nature of forgiveness, the power of apology, the relationship between punishment and revenge, the path to reconciliation, the morality of blame, and the role of forgiveness in political conflict. Chapter 16 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
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.
Payback
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Author : Thane Rosenbaum
language : en
Publisher: University of Chicago Press
Release Date : 2013-04-10
Payback written by Thane Rosenbaum and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-10 with Law categories.
We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.
Giving Desert Its Due
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 1985
Giving Desert Its Due written by Wojciech Sadurski 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 1985 with Law categories.
During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.
Crime Shame And Reintegration
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Author : John Braithwaite
language : en
Publisher: Cambridge University Press
Release Date : 1989-03-23
Crime Shame And Reintegration written by John Braithwaite 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 1989-03-23 with Biography & Autobiography categories.
Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.
Relative Justice
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Author : Tamler Sommers
language : en
Publisher: Princeton University Press
Release Date : 2011-12-19
Relative Justice written by Tamler Sommers and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-19 with Philosophy categories.
When can we be morally responsible for our behavior? Is it fair to blame people for actions that are determined by heredity and environment? Can we be responsible for the actions of relatives or members of our community? In this provocative book, Tamler Sommers concludes that there are no objectively correct answers to these questions. Drawing on research in anthropology, psychology, and a host of other disciplines, Sommers argues that cross-cultural variation raises serious problems for theories that propose universally applicable conditions for moral responsibility. He then develops a new way of thinking about responsibility that takes cultural diversity into account. Relative Justice is a novel and accessible contribution to the ancient debate over free will and moral responsibility. Sommers provides a thorough examination of the methodology employed by contemporary philosophers in the debate and a challenge to Western assumptions about individual autonomy and its connection to moral desert.
Punishment
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Author : Thom Brooks
language : en
Publisher: Routledge
Release Date : 2021-03-30
Punishment written by Thom Brooks and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-30 with Law categories.
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.