Punishment And Responsibility
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Punishment And Responsibility
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Author : H. L. A. Hart
language : en
Publisher: OUP Oxford
Release Date : 2008-03-06
Punishment And Responsibility written by H. L. A. Hart and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-06 with Law categories.
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
Punishment And Responsibility
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Author : H.L.A. Hart
language : en
Publisher: Oxford University Press
Release Date : 2008-03-06
Punishment And Responsibility written by H.L.A. Hart 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 2008-03-06 with Language Arts & Disciplines categories.
This collection of essays represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. This edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
Punishment And Responsibility Essays In The Philosophy Of Law
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Author : Herbert Lionel Adolphus Hart
language : en
Publisher:
Release Date : 1988
Punishment And Responsibility Essays In The Philosophy Of Law written by Herbert Lionel Adolphus Hart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Criminal liability categories.
The Limits Of Blame
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Author : Erin I. Kelly
language : en
Publisher: Harvard University Press
Release Date : 2018-11-12
The Limits Of Blame written by Erin I. Kelly and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-12 with Philosophy categories.
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.
Crime Punishment And Responsibility
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Author : Rowan Cruft
language : en
Publisher: Oxford University Press
Release Date : 2011-07-14
Crime Punishment And Responsibility written by Rowan Cruft 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 2011-07-14 with Law categories.
For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.
Responsibility And Punishment
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Author : J. Angelo Corlett
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-23
Responsibility And Punishment written by J. Angelo Corlett 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 2013-12-23 with Law categories.
This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new retributivism defended therein. Finally, chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”—John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside.
Punishment And The Elimination Of Responsibility
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Author : Herbert Lionel Adolphus Hart
language : en
Publisher:
Release Date : 1962
Punishment And The Elimination Of Responsibility written by Herbert Lionel Adolphus Hart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1962 with Law categories.
On Guilt Responsibility And Punishment
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Author : Alf Ross
language : en
Publisher: Univ of California Press
Release Date : 1975-01-01
On Guilt Responsibility And Punishment written by Alf Ross and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975-01-01 with Law categories.
Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.
Punishment Responsibility And Justice
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Author : Alan W. Norrie
language : en
Publisher:
Release Date : 2000
Punishment Responsibility And Justice written by Alan W. Norrie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Criminal justice, Administration of categories.
Punishment Responsibility And Justice
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Author : Alan William Norrie
language : en
Publisher: Oxford University Press on Demand
Release Date : 2000
Punishment Responsibility And Justice written by Alan William Norrie and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Punishment, Responsibility and Justice builds on Alan Norrie's previous work in the philosophy of punishment and criminal law to develop a challenging and ground-breaking critique of Kantian justice thinking. It casts a bold new light on recent debates about punishment and the criminal law ina period when traditional thinking has undergone opposition, crisis and change. The retributive and 'orthodox subjectivist' approaches, which have driven the textbook tradition and law reform for forty years, have been doubly challenged. A 'revisionist' critique opposes their Kantian insistence onformal individual autonomy from both a communitarian position on punishment and a 'morally substantive' view of responsibility. A 'postmodern' critique opposes orthodoxy for its failure to see how the Kantian subject is constructed in relations of power and domination. Against both orthodox subjectivist and revisionist views, Norrie develops a relational or dialectical critique to argue that they in fact both work in the same Kantian problematic. He establishes the concept of a 'blaming relation' as the basis for a critique of both, and to challenge the standardanalytical account of criminal justice thinking. Moving from the legal theory of Ashworth, Duff, Fletcher, Moore, Smith and Williams to the jurisprudence of the courts, Norrie analyses the seemingly irresolvable problems of punishment, responsibility and justice in the criminal law from arelational point of view. Against the postmodern approach, he argues for the need to retain what remains of moral value in Kantianism by seeking 'a non-Kantian answer to the Kantian question' of individual justice. The result is a relational critique of punishment, responsibility and justice, which recognises the ambiguityand ambivalence that accompany judgment of wrongdoing, and which asserts both the real moral value and the fundamental limits of Kantian justice thinking.