Theorizing Legal Punishment
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Theorizing Legal Punishment
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Author : Richard L. Lippke
language : en
Publisher:
Release Date : 2024
Theorizing Legal Punishment written by Richard L. Lippke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Criminal procedure 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"--
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.
Honor And Revenge A Theory Of Punishment
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Author : Whitley R.P. Kaufman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-08-28
Honor And Revenge A Theory Of Punishment written by Whitley R.P. Kaufman 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 2012-08-28 with Philosophy categories.
This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new “abolitionist” movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.
Punishment Compensation And Law
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Author : Mark R. Reiff
language : en
Publisher: Cambridge University Press
Release Date : 2005-07-11
Punishment Compensation And Law written by Mark R. Reiff 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 2005-07-11 with Philosophy categories.
This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.
Punishment
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Author : Mark Tunick
language : en
Publisher: Univ of California Press
Release Date : 2023-12-22
Punishment written by Mark Tunick 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 2023-12-22 with Social Science categories.
What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment. Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle. Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.
Theories Of Punishment
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Author : Stanley E. Grupp
language : en
Publisher:
Release Date : 1972
Theories Of Punishment written by Stanley E. Grupp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Social Science categories.
A Theory Of Criminal Justice
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Author : Hyman Gross
language : en
Publisher: Oxford University Press, USA
Release Date : 1979
A Theory Of Criminal Justice written by Hyman Gross 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 1979 with Business & Economics categories.
Examines all the important fundamental questions of criminal liability and presents a systematic theory of criminal justice. Punishment and responsibility are given fresh and comprehensive treatment.
The Soundest Theory Of Law
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Author : C. L. Ten
language : en
Publisher: Cavendish Square Publishing
Release Date : 2004
The Soundest Theory Of Law written by C. L. Ten and has been published by Cavendish Square Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The papers in this volume focus on two central issues in the philosophy of law, the relationship between law and morality, and crime and punishment. In the essay that gives the title to this volume, it is argued that, although in many legal systems there are in fact significant connections between law and morality, these connections are not conceptually or logically necessary. They depend on various social practices. Ronald Dworkin's famous attempt to undermine the legal positivist's separation of law from morality is rejected, and it is argued that Dworkin's own positive theory of law may indeed be quite compatible with certain versions of legal positivism. Other essays explore the notion of a wicked legal system, the rule of law, and various perspectives on the nature of law. The essays on crime and punishment discuss the theory and practice of punishment. They extend the work done in the author's earlier book, "Crime, Guilt and Punishment". They reject a purely retributive justification of punishment, in spite of the increasing sophistication in its recent formulations.
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.
Placing Blame
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Author : Michael S. Moore
language : en
Publisher:
Release Date : 2010
Placing Blame written by Michael S. Moore and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Criminal law categories.
This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.