Moral Pluralism And The Complexity Of Punishment
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Moral Pluralism And The Complexity Of Punishment
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Author : Nicolas Nayfeld
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-05
Moral Pluralism And The Complexity Of Punishment written by Nicolas Nayfeld and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-05 with Law categories.
This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart’s key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart’s philosophy, the philosophy of law and criminal law.
Rethinking Punishment
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Author : Leo Zaibert
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
Rethinking Punishment written by Leo Zaibert 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 2018-04-19 with Law categories.
Rejecting traditional alternatives, Leo Zaibert offers an original and refreshing approach to the age-old problem of the justification of punishment.
Theorizing Legal Punishment
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Author : Richard L. Lippke
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-06
Theorizing Legal Punishment written by Richard L. Lippke and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-06 with Law categories.
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.
Traumatic Ruptures Abandonment And Betrayal In The Analytic Relationship
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Author : Robin A. Deutsch
language : en
Publisher: Routledge
Release Date : 2014-05-09
Traumatic Ruptures Abandonment And Betrayal In The Analytic Relationship written by Robin A. Deutsch and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-09 with Psychology categories.
For much of its history, psychoanalysis has been strangely silent about sudden ruptures in the analytic relationship and their immediate and far-reaching effects for those involved. Such issues of betrayal and abandonment – the death of an analyst, a patient’s suicide, an ethical violation – disrupt the stability and cohesion of the analytic framework and leave indelible marks on both individuals and institutions alike. In Traumatic Ruptures an international range of contributors present first-person, highly personal and sometimes painful accounts of their experiences and the occasionally difficult yet redeeming lessons they have taken from them. Presented in four parts, the book explores multiple meanings and consequences of the break in the analytic relationship. Part One, Ruptured Subjectivity: Lost and Found, presents accounts of clinical encounters with death. Part Two, Rupture: The Clinical Process, addresses the sudden loss of an analyst, the trauma of patient suicide and the issue of countertransference when working with patients who have suffered the unexpected loss of their first analyst. Part Three, The Long Shadow of Rupture, examines the effects of ethical violations in the short and long term. Finally, Part Four, Ruptures’ Impact on Organizations, looks at the wider impact of ethical and sexual boundary violations in the context of an organization and the effect of trauma on a psychoanalytic institute. By giving voice to issues that are usually silenced, the authors here open the door to understanding the complex nature of traumatic rupture within the analytic field. This intimate exploration of psychoanalytic treatments and communities is ideal for psychoanalysts, psychologists, clinical social workers, psychiatrists and family therapists. It is an important text for clinicians working with individuals who have experienced traumatic ruptures and for members of organisations dealing with their effects.
Pluralism In International Criminal Law
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Author : Elies van Sliedregt
language : en
Publisher:
Release Date : 2014-02
Pluralism In International Criminal Law written by Elies van Sliedregt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02 with Law categories.
International crimes are mostly prosecuted at the national level and domestic judges have to contend with a plethora of divergent judgments from international tribunals and other domestic courts. This book assesses the impact of this legal pluralism, exploring whether divergence can be accepted as regular feature of international criminal justice.
Act And Omission In Criminal Law
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Author : Roni Rosenberg
language : en
Publisher: Taylor & Francis
Release Date : 2024-08-30
Act And Omission In Criminal Law written by Roni Rosenberg and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-30 with Law categories.
This book offers an innovative perspective on the critical distinction between acts and omissions in criminal law, a distinction that runs like a defining thread through all types of criminal offenses. While any act that positively causes a prohibited harm is sufficient for a conviction, an omission that causes the very same harm warrants a conviction only when there is a legal duty to act. This fundamental distinction between acts and omissions is not just relevant to criminal law, but it is also deeply rooted in our moral thinking. Thus, it is commonly argued that the difference between acts and omissions is also applicable to the intuitive moral distinction between active euthanasia, forbidden in most countries, and passive euthanasia, permitted in many countries under certain circumstances. Hence, the significance of this book is threefold: First, it offers a comprehensive, coherent, and systematic discussion of the intersections between the philosophical-moral and the legal-criminal aspects of this fundamental topic. Second, it offers a novel rationale for the distinction between acts and omissions, based on the principle of autonomy. Finally, it demonstrates the influences of the theoretical discussion, on the most significant practical questions. This book will be of interest to researchers, academics and policy-makers working in the areas of criminal law, moral philosophy, and bioethics.
Metaethical Issues In Contemporary Legal Philosophy
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Author : Stefano Bertea
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-31
Metaethical Issues In Contemporary Legal Philosophy written by Stefano Bertea and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-31 with Law categories.
This volume explores the importance of constitutivism for legal studies. Constitutivism is the view that the normative force, or authority, of practical reasons is grounded in principles, capacities, aims, or functions that are essential to, and thus constitutive of, agency. While the implications that the constitutivist approach has on the fundamental metaethical disputes and central ethical debates have been extensively explored, the literature on the relations between constitutivism and law remains scarce, unsystematic, and sporadic. This collection brings together world-renowned practical philosophers and legal theorists to fill a noticeable gap in the literature. The authors systematically and innovatively address key dimensions of the relationships between constitutivism and the theoretical study of law, as well as programmatically offering novel insights into the conceptual connections between constitutivist claims, fundamental legal concepts and practices, legal issues, and, ultimately, the law as a distinctive concept. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Legal Theory, Jurisprudence, Moral Philosophy and Metaethics.
Cosmopolitanism State Sovereignty And International Law And Politics
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Author : Jorge E. Núñez
language : en
Publisher: Taylor & Francis
Release Date : 2023-08-25
Cosmopolitanism State Sovereignty And International Law And Politics written by Jorge E. Núñez and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-25 with Law categories.
This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues. The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.
Sport Law And Philosophy
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Author : Miroslav Imbrišević
language : en
Publisher: Taylor & Francis
Release Date : 2023-06-30
Sport Law And Philosophy written by Miroslav Imbrišević and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-30 with Law categories.
Sport, Law and Philosophy: The Jurisprudence of Sport discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport. There is a general recognition that law and sports bear strong similarities. Both can be understood as systems of rules, with a judge/referee who has the power to adjudicate and to issue punishments/penalties. Divided into two parts, this volume presents an exploration of central philosophical issues arising from the intersections of law and sport and makes reference to current events and controversies. Experts from across the globe discuss a range of issues such as sports as legal systems, the game as a social contract, the role of the referee – including video assistant refereeing – rule breaking, equality in women’s sport, justice on the sports field and in the court room, and issues surrounding the application of law to sports. The book will be a valuable resource to undergraduates, postgraduates and for those working in the areas of legal philosophy, sports law and philosophy of sport.
Judges Decision Making And Empathy
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Author : Mateusz Stępień
language : en
Publisher: Taylor & Francis
Release Date : 2025-03-31
Judges Decision Making And Empathy written by Mateusz Stępień and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-31 with Law categories.
This book presents empirical research uncovering the views and experiences of Polish judges regarding the utilization of empathy in their work. Although there is growing interest in the role of empathy in judicial decision-making, there is little research on how judges themselves approach this issue. This volume offers an alternative to the usual focus on common law jurisdictions. It adopts a perspective that underscores the impact of professional pressures on judges’ empathic abilities, leading to a form of "empathy labor" influenced by the unique characteristics of the judicial profession. It offers an in-depth examination of judges’ opinions, collected through an empirical study involving in-depth interviews. The narrative delves into real cases and judicial behaviors discussed by judges, providing reference to relevant literature from other jurisdictions. The core finding of the study reveals that while judges may differ in their approaches to empathy in a judicial context, many of their practices and strategies can be linked to empathy-like phenomena. The findings also substantiate the claim that empathy used by judges is not the same as judicial empathy, which covers empathic abilities integrated into performing the judicial role. This applied theoretical perspective of "empathy labor" offers an intriguing view of how the occupational context influences judges’ empathic inclinations throughout their careers. In addition to demonstrating how judges understand the role of empathy in their work, the book outlines a scenario for empathy training based on their experiences and expectations. Presenting an original approach to studying the role of empathy in judicial decision making, the book will be of interest to academics and researchers working in the areas of philosophy of law, legal theory, sociology of law, psychology of law, and emotions studies.