Law Ideology And Punishment
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Law Ideology And Punishment
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Author : A.W. Norrie
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Law Ideology And Punishment written by A.W. Norrie 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 2012-12-06 with Philosophy categories.
This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.
Ideology And Crime
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Author : Leon Radzinowicz
language : en
Publisher:
Release Date : 1966
Ideology And Crime written by Leon Radzinowicz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with Crime categories.
Murder Stories
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Author : Paul Kaplan
language : en
Publisher: Lexington Books
Release Date : 2012
Murder Stories written by Paul Kaplan and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Murder Stories takes on the difficult question of American retention of capital punishment by investigating the elusive role of ideology in the law. As such it is a prime example of contemporary scholarship on the death penalty and law and society.
Punishment And Freedom
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Author : Alan Brudner
language : en
Publisher: OUP Oxford
Release Date : 2009-07-16
Punishment And Freedom written by Alan Brudner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-16 with Law categories.
This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
Understanding Justice
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Author : Barbara Hudson
language : en
Publisher:
Release Date : 1996
Understanding Justice written by Barbara Hudson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Criminal justice, Administration of categories.
Understanding justice is one of a series of student textbooks designed to cover the major areas of debate within the fields of criminology, criminal justice and penology. It provides a comprehensive account of the ideas and controversies that have arisen within law, philosophy, sociology and criminology about the punishment of criminals.
Legality Ideology And The State
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Author : David Sugarman
language : en
Publisher:
Release Date : 1983
Legality Ideology And The State written by David Sugarman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Political Science categories.
Karls Renner on socialist legality; Pashukanis and the comodity form theory; Legality and political legitimacy in the sociology of Max Weber; Gramsci, the state and the place of law; Law, legitimation and the advanced capitalist state: the jurisprudence and social theory of Jurgen Habermas; Law, plurality and underdevelopment; State, civil society and total institution: a critique of recent social histories of punishment; Law, economy and the state in England, 1750-1914: some major issues; Anarchism, marxism and the critique law.
Sentencing Policy And Social Justice
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Author : Ralph Henham
language : en
Publisher: Oxford University Press
Release Date : 2018-02-22
Sentencing Policy And Social Justice written by Ralph Henham and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
Sentencing Policy and Social Justice argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'. The need to reflect public opinion in sentencing has received significant attention more recently, with renewed interest in jury sentencing, 'stakeholder sentencing', and the involvement of community views when regulating policy. The author, however, advocates a different approach, combining a new theoretical focus with practical suggestions for reform, and arguing that the contribution sentencing can make to social justice necessitates a fundamental change in the way shared values about the advantages of punishment are reflected in penal ideology and sentencing policy. Using examples from international, comparative and domestic contexts to advance the moral and ethical case for challenging the existing theories of sentencing, the book develops the author's previous theoretical ideas and outlines how these changes could be given practical shape within the context of sentencing in England and Wales. It assesses the consequences for penal governance due to increased state regulation of discretionary sentencing power and examines the prospects for achieving the kind of moral transformation regarded as necessary to reverse such a move. To illustrate these issues each chapter focuses on a particularly problematic area for contemporary sentencing policy; namely, the sentencing of women; the sentencing of irregular migrants; sentencing for offences of serious public disorder; and sentencing for financial crime.
Punishment And Responsibility
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Author : Herbert Lionel Adolphus Hart
language : en
Publisher: Oxford University Press, USA
Release Date : 1978
Punishment And Responsibility written by Herbert Lionel Adolphus Hart and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Law categories.
This collection of essays represents the main contribution made by H.L.A. Hart in the last ten years to the theory of punishment and the critical study of legal criteria of responsibility.
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.
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.