Why The Will To Punish
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The Will To Punish
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Author : Didier Fassin
language : en
Publisher: Oxford University Press
Release Date : 2018
The Will To Punish written by Didier Fassin 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 with Law categories.
Over the last few decades, most societies have become more repressive, their laws more relentless, their magistrates more inflexible, independently of the evolution of crime. In The Will to Punish, using an approach both genealogical and ethnographic, distinguished anthropologist Didier Fassin addresses the major issues raised by this punitive moment through an inquiry into the very foundations of punishment. What is punishment? Why punish? Who is punished? Through these three questions, he initiates a critical dialogue with moral philosophy and legal theory on the definition, the justification and the distribution of punishment. Discussing various historical and national contexts, mobilizing a ten-year research program on police, justice and prison, and taking up the legacy of Friedrich Nietzsche and Michel Foucault, he shows that the link between crime and punishment is an historical artifact, that the response to crime has not always been the infliction of pain, that punishment does not only proceed from rational logics used to legitimize it, that more severity in sentencing often means increasing social inequality before the law, and that the question, "What should be punished?" always comes down to the questions "Whom do we deem punishable?" and "Whom do we want to be spared?" Going against a triumphant penal populism, this investigation proposes a salutary revision of the presuppositions that nourish the passion for punishing and invites to rethink the place of punishment in the contemporary world. The theses developed in the volume are discussed by criminologist David Garland, historian Rebecca McLennan, and sociologist Bruce Western, to whom Didier Fassin responds in a short essay.
Why The Will To Punish
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Author : Michael Poage
language : en
Publisher:
Release Date : 2023-10
Why The Will To Punish written by Michael Poage and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10 with categories.
"Michael Poage's work as a pastor has led him to travel the world as a trauma counselor, working against the death penalty, doing community development, and participating in social justice work in America and overseas. His poetry has the same passion for social justice around the world. His persona in the work is personable, chatty, musing, self-deprecating, charming, but underneath the ease of apprehension in this accessible poetry is the powerful current of a passion for human connection, justice, and love as the basis of human society. His work seeks to find the general human context and analogue for his own family's migration, trauma, and suffering, to put his family's story into conversation with own lifework in helping historical traumas heal or at least scab over in the hearts of their victims. As Michael says himself, "I believe I can emphasize and underline the mystery - the imagination - at work through large and small influences in our daily human lives that take us into the very heart of powerful, transforming, and compassionate language and music that, if not life-saving, might give hope and new breath to a world suffocating for the lack of making even one poem." It is a laudable vision of poetry." -Tony Barnstone, poet, translator Michael Poage was born in Virginia. He has an MFA in Creative Writing from the University of Montana and an MDiv from San Francisco Theological Seminary. This collection, WHY THE WILL TO PUNISH?, is his fifteenth book of poetry. He served as the Poet-in-Residence at Dzemal Bijedic University in Mostar, Bosnia & Herzegovina, 2017-18 and received a Fellowship to virtually teach English language and literature at Walailak University in southern Thailand, 2021-22. He lives in Wichita, Kansas with his wife, Dr. Gretchen C. Eick.
Rejecting Retributivism
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Author : Gregg D. Caruso
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-29
Rejecting Retributivism written by Gregg D. Caruso 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 2021-04-29 with Law categories.
Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Justice And Punishment
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Author : Matt Matravers
language : en
Publisher: OUP Oxford
Release Date : 2000-08-03
Justice And Punishment written by Matt Matravers and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-03 with Political Science categories.
This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadly conceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim is that it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified. Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justification of punishment as intrinsic to morality itself.
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.
Why Punish
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Author : Rob Canton
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-09-16
Why Punish written by Rob Canton and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-16 with Social Science categories.
Why do we punish? Is it because only punishment can achieve justice for victims and 'right the wrong' of a crime? Or is it justified because it reduces crime, by deterring potential offenders, offering rehabilitative treatment to others and incapacitating the most dangerous? The complex answers to this enduring question vary across time and place, and are directly linked to people's personal, cultural, social, religious and ethical commitments and even their sense of identity. This unique introduction to the philosophy of punishment provides a systematic analysis of the themes of retribution, deterrence, rehabilitation, incapacitation and restorative justice. Integrating philosophical, sociological, political and ethical perspectives, it provides a thorough and wide-ranging discussion of the purposes, meanings and justifications of punishment for crime and the extent to which punishment does, could or should live up to what it claims to achieve. Why Punish? challenges criminology and criminal justice students as well as policy makers, judges, magistrates and criminal justice practitioners to think more critically about the role of punishment and the moral principles that underpin it. Bridging abstract theory with the realities of practice, Rob Canton asks what better punishment would look like and how it can be achieved.
Why Punish How Much
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Author : Michael H. Tonry
language : en
Publisher: Oxford University Press on Demand
Release Date : 2011
Why Punish How Much written by Michael H. Tonry 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 2011 with Law categories.
Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.
Punishment
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Author : Ted Honderich
language : en
Publisher: Polity
Release Date : 1991-01-15
Punishment written by Ted Honderich and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-15 with Philosophy categories.
Punishment is a persvasive feature of social life. Individuals who break laws in our societies may be imprisoned or, in some contexts, put to death. But why should individuals be punished? Are there good reasons for punishment? Or does the practice of punishment merely gratify feelings of revenge? If we regard punishment as a deterrent, are we committed to victimizing the innocent in order to deter? In this classic and recently enlarged book, Ted Honderich offers a wide-ranging analysis of the nature of punishment and scrutinizes the arguments for and against it. Already established as the principal introductory text to the philosophy of punishment, the republication of this book in paperback will be welcomed by students and scholars in moral and political philosophy, jurisprudence and criminology.
The Powers That Punish
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Author : Charles Bright
language : en
Publisher: University of Michigan Press
Release Date : 2010-05-18
The Powers That Punish written by Charles Bright and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-18 with Law categories.
In a pathbreaking study of a major state prison, Michigan's Jackson State Penitentiary during the middle years of this century, Charles Bright addresses several aspects of the history and theory of punishment. The study is an institutional history of an American penitentiary, concerned with how a carceral regime was organized and maintained, how prisoners were treated and involved in the creation of a regime of order and how penal practices were explained and defended in public. In addition, it is a meditation upon punishment in modern society and a critical engagement with prevailing theories of punishment coming out of liberal, Marxist and post structuralist traditions. Deploying theory critically in a historic narrative, it applies new, relational theories of power to political institutions and practices. Finally, in studying the history of the Jackson prison, Bright provides a rich account, full of villains and a few heroes, of state politics in Michigan during a period of rapid transition between the 1920s to the 1950s. The book will be of direct relevance to criminologists and scholars of punishment, and to historians concerned with the history of punishment and prisons in the United States. It will also be useful to political scientists and historians concerned with exploring new approaches to the study of power and with the transformation of state politics in the 1930s and 1940s. Finally Bright tells a story which will fascinate students of modern Michigan history. Charles Bright is a historian and Lecturer at the Residential College of the University of Michigan.
Punishment And The Moral Emotions
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Author : Jeffrie G. Murphy
language : en
Publisher: Oxford University Press
Release Date : 2012-01-18
Punishment And The Moral Emotions written by Jeffrie G. Murphy 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 2012-01-18 with Philosophy categories.
This collection of essays presents Jeffrie G. Murphy's most recent ideas on punishment, forgiveness, and the emotions of resentment, shame, guilt, remorse, love, and jealousy. In Murphy's view, conscious rationales of principle -- such as crime control or giving others what in justice they deserve -- do not always drive our decisions to punish or condemn others for wrongdoing. Sometimes our decisions are in fact driven by powerful and rather base emotions such as malice, spite, envy, and cruelty. But our decisions to punish or condemn can also be driven by noble emotions. Indeed, if we punish to express the justified resentment and indignation that decent people feel toward the wronging of a human being, punishment and condemnation can be seen acts of love. Once we realize the vital roles that emotions can play in punishment and other forms of condemnation, we can explore them in a variety of important ways. Jealousy sometimes causes crimes, forgiveness allows us to overcome resentment, and mercy -- inspired by compassion -- limits the severity of punishment. All these emotions may be called "moral emotions"-meaning simply that they are emotions that essentially involve a moral belief. The essays in this collection explore, from philosophical and religious perspectives, a variety of moral emotions and their relationship to punishment and condemnation or to decisions to lessen punishment or condemnation. Those interested in ethics, philosophy of law, and the nature and role of the emotions, will find much of interest in these essays by this highly distinguished scholar. "This volume brings together a number of Jeffrie Murphy's ground-breaking essays of the last twelve years on an impressive range of deeply important issues: the moral emotions (in particular, resentment, shame, jealousy, and remorse); forgiveness and mercy; the foundations of the theory of punishment; and the nature of dignity. Murphy's wonderfully clear and perceptive essays are indispensable for anyone interested in these and related topics." - Charles L. Griswold, Boston University "In this new collection of exceptionally stimulating essays a distinguished philosopher engages topics of great interest to philosophers and non-philosophers alike - the nature of guilt, shame, remorse, forgiveness, repentance, love, jealousy, punishment and their roles in our lives. Few philosophers, until relatively recently, directed any sustained attention to these significant aspects of our lives. Murphy's essays go a substantial distance toward remedying this neglect. His approach is analytic; his arguments are clearly presented; his style is personal and engaging; insights are frequently accompanied by apposite quotes from poetry and fiction. There is an appealing humility and openness to the views of others. Readers will be drawn in by both the drama of his engagement with his earlier views that he now finds wanting as well as the ongoing drama of his responses to others with whom he disagrees. There is no plodding through arid discourse in order to uncover jewels in this work. This is philosophy done in a manner that promotes both knowledge and enjoyment." - Herbert Morris, University of California at Los Angeles "Jeffrie Murphy has compiled a collection of influential essays that will be important across disciplines and relevant to the way we understand -- and more importantly treat -- moral transgressors and their victims. In his typically elegant, literary, and humorous style Murphy examines such moral emotions as sympathy, compassion, forgiveness, resentment, and vengeance, getting to the heart of the philosophical dilemmas in a way that speaks to the lived lives of victims and wrong-doers. His thinking is both clear and brilliant, and he expresses it here in inspired and satisfying arguments." - Sharon Lamb, Chair & Distinguished Professor of Mental Health, Department of Counseling and School Psychology, University of Massachusetts, Boston "Over the past forty years, Jeffrie Murphy has been our surest and sagest guide across the contested boundary lines between law and morality, crime and sin, retribution and rehabilitation. This volume not only reveals his trademark erudition in exploring the most fundamental questions of crime and punishment. It also shows the humility of a wise and seasoned scholar, who has come to a new appreciation for the moral emotions of resentment, guilt, remorse, and shame, and their constructive role in fostering forgiveness, reformation, and reconciliation among criminals and their victims. You cannot read this volume without being persuaded by its argument and moved by its passion." - John Witte, Jr., Emory "This welcome new collection of essays displays all the virtues that we have come to expect from Murphy's work: a distinctive voice, a sensitivity to the acute moral problems posed by our practices of punishment, illuminating discussions informed by a lucid philosophical and moral imagination. It makes more widely available Murphy's further thoughts on such central concepts as guilt, remorse, retribution, repentance, forgiveness, mercy and dignity, and should confirm his standing as one of the most interesting contemporary writers on criminal law and its moral foundations." -Antony Duff, University of Stirling