Culpability and Consequences PDF Download

Author: Melanie Myers
Publisher:
ISBN:
Category :
Languages : en
Pages : 350

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Author: Melanie Myers
Publisher:
ISBN:
Category : Homicide
Languages : en
Pages : 552

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Author: C. L. Ten
Publisher: Oxford University Press, USA
ISBN:
Category : History
Languages : en
Pages : 200

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Considering both abstract arguments and factual evidence about the effects of punishing offenders, Ten links the moral justification of punishment by the state to more general issues about the nature of moral disagreements and our obligations to obey the law.

Author: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674980778
Category : Philosophy
Languages : en
Pages : 241

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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. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 1107159946
Category : Law
Languages : en
Pages : 237

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Through one coherent retributivist vision of the criminal law, this book explores under examined problems within criminal law theory.

Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 0521518776
Category : Law
Languages : en
Pages : 375

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This book presents a comprehensive theory of a culpability-based criminal law.

Author: Judith Rowbotham
Publisher:
ISBN: 9780415621984
Category : FAMILY & RELATIONSHIPS
Languages : en
Pages : 0

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Book Description
The issues of shame, blame, and culpability are scarcely studied in their historical context. Yet such study provides insights into the important contemporary dimensions associated with the perceived collapse of existing forms of punishment and the growing interest in the revival of shame punishments and restorative justice. Thus the history of shame, blame, and culpability speaks to the past history of society, culture, and law - yet it also has an important role in showing contemporary societies how past societies theorized these issues. This volume brings together a range of work by leading writers in the field and engages with the comparative dimensions of shame, blame, and culpability and their fundamentally important impact upon modern multicultural states. Tracing the use, abuse, and negotiation of the related concepts of shame, blame, and culpability between the 17th and 20th centuries in a number of different geographical locations, this book forms a part of the movement within criminal and legal history to turn the focus away from capital and serious crime to look at the impact of lesser (and more common) criminality which has a daily impact on people's lives. In studying the interaction of how people understand the boundaries of acceptable behaviour, the volume illustrates perceptions of crime and morality at work in previously unstudied societies at different historical junctures.

Author: Gideon Yaffe
Publisher: Oxford University Press
ISBN: 019880332X
Category : Law
Languages : en
Pages : 252

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Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.

Author: Katharina von Kellenbach
Publisher: Oxford University Press
ISBN: 0197557430
Category : Political Science
Languages : en
Pages : 377

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"The book investigates the role of guilt in the global discussion over locally specific legacies of mass violence and injustice. Guilt is an indispensable element in human social and emotional life that surfaces as a central phenomenon in the cultural politics of memory, transitional justice, and the aftermath of violence. The nuances and complexities of various national and historical guilt configurations fosters insight into guilt's transformative possibilities. The book interweaves specific case studies with broader theoretical reflections on the conditions that turn the emotional, legal, and cultural phenomenon of guilt into a culturally transformative dynamic that repairs relationships, equalizes power dynamics, demands new social orders, and creates literary, artistic, and religious productions and performances. The authors examine different case studies on the basis of discipline-specific definitions of guilt, ranging from psychology to law, philosophy to literature, religion, history and anthropology. The contributors generally approach guilt less as a personal emotion than as a socio-legal, moral and culturally ambivalent force that mandates ritual performance, political negotiation, legal adjudication, artistic and literary representation, as well as intergenerational transmission. The book calls for a more nuanced understanding of the world's-and of history's-diversity of guilt concepts and the cultivation of cultural strategies to negotiate guilt relations in specific religious, cultural, and local ways"--

Author: Andrew Ashworth
Publisher: A&C Black
ISBN: 1782253424
Category : Law
Languages : en
Pages : 375

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Book Description
This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.