On Criminalization
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On Criminalization
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Author : J. Schonsheck
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29
On Criminalization written by J. Schonsheck 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 2013-06-29 with Philosophy categories.
I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present. And I provide a preview of the work's organization and central argument. There is something so obvious that it is easily-and often-overlooked: the enforcing of criminal statutes is the most intrusive and coercive exercise of domestic power by a state. Forcibly preventing people from doing that which they wish to do, forcibly compelling people to do that which they do not wish to do-and wielding force merely attempting to compel or prevent-these state activities have extraordinarily serious ramifications. Indeed, no state institutions are likely to have more profound an impact on the lives of individual citizens than those of the criminal justice system. I endorse Herbert Packer's assessment: The criminal sanction is the law's ultimate threat. Being punished for a crime is different from being regulated in the public interest, or being forced to compensate another who has been injured by one's conduct, or being treated for a disease. The sanction is at once l uniquely coercive and, in the broadest sense, uniquely expensive. As a consequence, these state activities are in special need of moral warrant. Given the great potential for doing grave injustice, the power of the state embodied in the criminal justice system ought not be exercised in the absence of a complete and compelling moral justification.
On Criminalization
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Author : J Schonsheck
language : en
Publisher: Springer
Release Date : 2014-01-15
On Criminalization written by J Schonsheck and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-15 with categories.
When thinking about justified criminalization - whether some action may morally be made a criminal offense - philosophers tend to rely upon balancing'. Arguments favoring and opposing criminalization are weighed' on a simple beam balance; the weightier' reasons prevail. Jonathan Schonsheck argues that this methodology is deeply flawed; among other infirmities, it fosters the neglect of items essential to a defensible decision. He urges the adoption of filtering' - a multi-step procedure which directs one to discuss the moral authority of the state, to consider measures less coercive than a criminal statute, and to investigate the pragmatic consequences of criminalization. This procedure, he argues, imposes a structure on disputes which facilitates philosophical progress. Filtering' is then applied to an array of public policy issues, including laws which require the use of automobile seat belts and motorcycle helmets, and laws which prohibit the use of certain psychoactive substances (drugs'). Additionally, the book addresses a number of more theoretical issues in the philosophy of the criminal law. Throughout, it engages the work of leading philosophers: Derek Parfit, Cass R. Sunstein, Richard J. Arneson, and especially Joel Feinberg.
The Boundaries Of The Criminal Law
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Author : Lindsay Farmer
language : en
Publisher: Oxford University Press
Release Date : 2010-11-11
The Boundaries Of The Criminal Law written by Lindsay Farmer 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 2010-11-11 with Law categories.
This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour.
Criminalization
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Author : Antony Duff
language : en
Publisher: Criminalization
Release Date : 2014
Criminalization written by Antony Duff and has been published by Criminalization this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
This volume examines the political morality of the criminal law, exploring general principles and theories of criminalisation. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalisation by viewing them in a novel light.
Why Criminalize
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Author : Thomas Søbirk Petersen
language : en
Publisher: Springer Nature
Release Date : 2019-11-28
Why Criminalize written by Thomas Søbirk Petersen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.
The book defines and critically discusses the following five principles: the harm principle, legal paternalism, the offense principle, legal moralism and the dignity principle of criminalization. The book argues that all five principles raise important problems that point to rejections (or at least a rethink) of standard principles of criminalization. The book shows that one of the reasons why we should reject or revise standard principles of criminalization is that even the most plausible versions of the harm principle and legal paternalism that have been offered so far are rendered redundant by general moral theories. Furthermore, it demonstrates that the other three principles (or versions thereof), the offense principle, legal moralism and the dignity principle of criminalization, can either be covered by the harm principle, thus making these principles also redundant, or be seen to have what look like other unacceptable implications (e.g. that versions of legal moralism are based on speculative and incorrect empirical assumptions or violate what is called the criminological levelling-down challenge). As such, there is reason to move beyond traditional principles of criminalization, and instead to investigate alternative principles the state should be guided by when attempting to justify which kinds of conduct should be criminalized. Moreover, this book presents and defends such a principle – the utilitarian principle of criminalization.
Crimes Harms And Wrongs
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Author : A P Simester
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-06-24
Crimes Harms And Wrongs written by A P Simester and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-24 with Law categories.
When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak
Criminal Theory And International Human Rights Law
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Author : Steven Malby
language : en
Publisher: Routledge
Release Date : 2019-09-11
Criminal Theory And International Human Rights Law written by Steven Malby and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-11 with Law categories.
The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
Criminalization Of Activism
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Author : Valeria Vegh Weis
language : en
Publisher: Routledge
Release Date : 2021-12-22
Criminalization Of Activism written by Valeria Vegh Weis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-22 with Social Science categories.
Criminalization of Activism draws on a multiplicity of perspectives and case studies from the Global South and the Global North to show how protest has been subject to processes of criminalization over time. Contributors include scholars and activists from different disciplinary backgrounds, with a balance between authors from the Global North and the Global South. An introduction frames the topic within critical criminology, while also highlighting the possible disciplinary approaches and definitions of criminalization of resistance/activism. The editor also investigates the particularities of the current times in comparison to dynamics of criminalization in prior stages of capitalism. Bringing together a range of criminalization themes into a single volume, compromising historical criminology, Indigenous studies, gender studies, critical criminology, southern criminology and green criminology, it will be of great interest to scholars and students of criminology, social movement theory and social sciences, as well as those involved in activism and with a stand against criminalization.
Digitize And Punish
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Author : Brian Jefferson
language : en
Publisher: U of Minnesota Press
Release Date : 2020-04-07
Digitize And Punish written by Brian Jefferson and has been published by U of Minnesota Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-07 with Social Science categories.
Tracing the rise of digital computing in policing and punishment and its harmful impact on criminalized communities of color The U.S. Bureau of Justice Statistics estimates that law enforcement agencies have access to more than 100 million names stored in criminal history databases. In some cities, 80 percent of the black male population is registered in these databases. Digitize and Punish explores the long history of digital computing and criminal justice, revealing how big tech, computer scientists, university researchers, and state actors have digitized carceral governance over the past forty years—with devastating impact on poor communities of color. Providing a comprehensive study of the use of digital technology in American criminal justice, Brian Jefferson shows how the technology has expanded the wars on crime and drugs, enabling our current state of mass incarceration and further entrenching the nation’s racialized policing and punishment. After examining how the criminal justice system conceptualized the benefits of computers to surveil criminalized populations, Jefferson focuses on New York City and Chicago to provide a grounded account of the deployment of digital computing in urban police departments. By highlighting the intersection of policing and punishment with big data and web technology—resulting in the development of the criminal justice system’s latest tool, crime data centers—Digitize and Punish makes clear the extent to which digital technologies have transformed and intensified the nature of carceral power.
The Realm Of Criminal Law
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Author : R A Duff
language : en
Publisher: Oxford University Press
Release Date : 2018-06-28
The Realm Of Criminal Law written by R A Duff 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 2018-06-28 with Law categories.
We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.