Punishment And Desert
DOWNLOAD
Download Punishment And Desert PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Punishment And Desert book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Punishment And Desert
DOWNLOAD
Author : J. Kleinig
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Punishment And Desert written by J. Kleinig 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.
Superficial acquaintance with the literature on punishment leaves a fairly definite impression. There are two approaches to punishment - retributive and utilitarian - and while some attempts may be made to reconcile them, it is the former rather than the latter which requires the reconciliation. Taken by itself the retributive approach is primitive and unenlightened, falling short of the rational civilized humanitarian values which we have now acquired. Certainly this is the dominant impression left by 'popular' discussions of the SUbject. And retributive vs. utilitarian seems to be the mould in which most philosophical dis cussions are cast. The issues are far more complex than this. Punishment may be con sidered in a great variety of contexts - legal, educational, parental, theological, informal, etc. - and in each of these contexts several im portant moral questions arise. Approaches which see only a simple choice between retributivism and utilitarianism tend to obscure this variety and plurality. But even more seriously, the distinction between retributivism and utilitarianism is far from clear. That it reflects the traditional distinction between deontological and teleological ap proaches to ethics serves to transfer rather than to resolve the un clarity. Usually it is said that retributive approaches seek to justify acts by reference to features which are intrinsic to them, whereas utilitarian approaches appeal to the consequences of such acts. This, however, makes assumptions about the individuation of acts which are difficult to justify.
Desert Retribution And Torture
DOWNLOAD
Author : Stephen Kershnar
language : en
Publisher: University Press of America
Release Date : 2001
Desert Retribution And Torture written by Stephen Kershnar and has been published by University Press of America this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Social Science categories.
In general, there are two ways in which punishment is justified. Forward-looking justifications look to the good results that punishment brings about and that therefore occur after it. These results include the wrongdoer being deterred, incapacitated, or improved, as well as the deterrence of would-be wrongdoers, a decrease in costs associated with crime prevention, less fear in the community, and the promotion of hatred and disgust for actions that victimize others. In contrast, backward-looking justifications look to events that occurred before the punishment. On this approach, punishment is not justified via the good results that it brings about. The dominant backward-looking justification is retributivism. According to it, the wrongdoer in virtue of his past act deserves punishment and this desert justifies punishment. This book is an in-depth defense of retributivism. Since punitive desert lies at the heart of retributivism, it is important to provide an analysis of it. This is the focus of the first part of the book. I argue that punitive desert has to do with punishment being an intrinsically valuable event, where its value results from its standing in a certain relation to a person's having culpably performed a wrongdoing. I argue that this type of desert does not by itself contain moral duties to act in any way. In particular, it does not impose on someone the duty to punish a wrongdoer. This results in retributivism being more complex than the traditional accounts, since it must therefore involve duties that refer to but are not constituted by punitive desert. I also argue that punitive desert is independent of the wrongdoer's moral character and instead rests solely on a person's acts. Lastly, I argue that the value of punitive desert cannot be accounted for via more fundamental moral considerations. This results in punitive desert being a rather primitive moral notion in that it is not justified via more fundamental moral values. Like other intrinsically good things, e.g. friendship, and other intrinsically bad things, e.g. promise-breaking, punitive desert can be used to explain why certain states of affairs are both good and right.--Adapted from introduction.
Punishment And Desert
DOWNLOAD
Author : John Kleinig
language : en
Publisher: Springer
Release Date : 1973
Punishment And Desert written by John Kleinig and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Law categories.
Superficial acquaintance with the literature on punishment leaves a fairly definite impression. There are two approaches to punishment - retributive and utilitarian - and while some attempts may be made to reconcile them, it is the former rather than the latter which requires the reconciliation. Taken by itself the retributive approach is primitive and unenlightened, falling short of the rational civilized humanitarian values which we have now acquired. Certainly this is the dominant impression left by 'popular' discussions of the subject. And retributive vs. utilitarian seems to be the mould in which most philosophical dis cussions are cast. The issues are far more complex than this. Punishment may be con sidered in a great variety of contexts - legal, educational, parental, theological, informal, etc. - and in each of these contexts several im portant moral questions arise. Approaches which see only a simple choice between retributivism and utilitarianism tend to obscure this variety and plurality. But even more seriously, the distinction between retributivism and utilitarianism is far from clear. That it reflects the traditional distinction between deontological and teleological ap proaches to ethics serves to transfer rather than to resolve the un clarity. Usually it is said that retributive approaches seek to justify acts by reference to features which are intrinsic to them, whereas utilitarian approaches appeal to the consequences of such acts. This, however, makes assumptions about the individuation of acts which are difficult to justify.
Punishment And Desert
DOWNLOAD
Author : J. Kleinig
language : en
Publisher:
Release Date : 1974-01-31
Punishment And Desert written by J. Kleinig and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974-01-31 with categories.
Moral Desert
DOWNLOAD
Author : Howard Simmons
language : en
Publisher: University Press of America
Release Date : 2010-02-23
Moral Desert written by Howard Simmons and has been published by University Press of America this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-23 with Political Science categories.
In Moral Desert, Howard Simmons notes that the idea that we deserve to be praised or rewarded for good behavior and blamed or punished when we act badly seems central to everyone's moral deliberation and practices. Simmons subjects this assumption to critical scrutiny. He argues that in a wide range of cases it is almost impossible to know the extent of people's moral responsibility, and indeed that it may be a complete delusion. He attacks the still-popular theory of retributive punishment, with special reference to the views of Peter French and J. Angelo Corlett. Simmons does not conclude that punishment is always unjustified, but insists that any justification should relate to its real world consequences. State punishment should be inflicted according to strict consequentialist precepts, and the author provides systematic principles for determining an appropriate sentence and for deciding when offenders should be excused. He also considers the implications of his views for distributive justice and personal morality.
Just Deserts For Corporate Criminals
DOWNLOAD
Author : Kip Schlegel
language : en
Publisher: UPNE
Release Date : 1990
Just Deserts For Corporate Criminals written by Kip Schlegel and has been published by UPNE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
Crime Criminal Responsibility Punishment And Desert
DOWNLOAD
Author : Arthur Lewis Wood
language : en
Publisher:
Release Date : 1977
Crime Criminal Responsibility Punishment And Desert written by Arthur Lewis Wood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Criminal law categories.
Retribution
DOWNLOAD
Author : Thom Brooks
language : en
Publisher: Routledge
Release Date : 2019-10-30
Retribution 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 2019-10-30 with Law categories.
Retribution is perhaps the most popular contemporary theory about punishment and has enjoyed enduring appeal as the oldest, even most venerable, penal theory with its strong ancient roots. Retribution is understood in many different ways, but the standard view of retribution is that punishment is justified where it is deserved and an offender should be punished in proportion to his desert. In this volume, retributivism is examined from various critical perspectives, including its diversity, relation with desert, the link between desert and proportionality, retributivist emotions and the idea of mercy. The theory of retribution has been the subject of a revival of interest in recent years and the essays selected for this volume are the leading works on retribution from the dominant international figures in the field.
More On The Comparative Nature Of Desert
DOWNLOAD
Author : Ronen Avraham
language : en
Publisher:
Release Date : 2019
More On The Comparative Nature Of Desert written by Ronen Avraham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Adam and Eve have the same record yet receive different punishment. Adam receives the punishment that they both deserve, whereas Eve receives a more lenient punishment. In this paper, we explore whether a deserved-but-unequal punishment, such as what Adam receives, can be just. We do this by explicating the conceptions of retributive justice that underlie both sides of the debate. We argue that inequality in punishment is disturbing mainly because of the disrespect it often expresses towards the offender receiving the harsher treatment, and also because it casts doubt on whether Adam got what he deserved. We suggest that when no disrespect is involved and when it is clear that the criminal got what he deserved, inequality is not worrisome.
Penal Censure
DOWNLOAD
Author : Antje du Bois-Pedain
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-04-04
Penal Censure written by Antje du Bois-Pedain and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-04 with Law categories.
This exploration of penal censure is inspired by the 40th anniversary of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within his theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological–anthropological and individual–psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory.