Philosophical Perspectives on Punishment, Second Edition PDF Download

Author: Gertrude Ezorsky
Publisher: SUNY Press
ISBN: 143845855X
Category : Philosophy
Languages : en
Pages : 466

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Book Description
Historical and contemporary philosophical writings on punishment. Bringing together classic and contemporary texts, this collection considers general philosophical concepts about and justifications for punishment, along with particular issues such as the death penalty and possible alternatives to punishment. New to the second edition are sections on prison labor, solitary confinement, and issues relating to the punishment of people of color, women, and the poor. Drawing from philosophy, law, literature, and activism, Gertrude Ezorsky provides a comprehensive and up-to-date account of the philosophical issues underlying and growing out of punishment.

Author: J. Ryberg
Publisher: Springer
ISBN: 0230290620
Category : Philosophy
Languages : en
Pages : 199

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Book Description
A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.

Author: Keally McBride
Publisher: University of Michigan Press
ISBN: 0472901133
Category : Law
Languages : en
Pages : 205

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Book Description
Most of us think of punishment as an ugly display of power. But punishment also tells us something about the ideals and aspirations of a people and their government. How a state punishes reveals whether or not it is confident in its own legitimacy and sovereignty. Punishment and Political Order examines the questions raised by the state’s exercise of punitive power—from what it is about human psychology that desires sanction and order to how the state can administer pain while calling for justice. Keally McBride's book demonstrates punishment's place at the core of political administration and the stated ideals of the polity. "From start to finish this is a terrific, engaging book. McBride offers a fascinating perspective on punishment, calling attention to its utility in understanding political regimes and their ideals. She succeeds in reminding us of the centrality of punishment in political theory and, at the same time, in providing a framework for understanding contemporary events. I know of no other book that does as much to make the subject of punishment so compelling." —Austin Sarat, Amherst College "Punishment and Political Order will be welcome reading for anyone interested in understanding law in society, punishment and political spectacle, or governing through crime control. This is a clear, accessible, and persuasive examination of punishment—as rhetoric and reality. Arguing that punishment is a complex product of the social contract, this book demonstrates the ways in which understanding the symbolic power and violence of the law provides analytical tools for examining the ideological function of prison labor today, as well as the crosscutting and contingent connections between language and identity, legitimation and violence, sovereignty and agency more generally." —Bill Lyons, Director, Center for Conflict Management, University of Akron "Philosophical explorations of punishment have often stopped with a theory of responsibility. McBride's book moves well beyond this. It shows that the problem of punishment is a central issue for any coherent theory of the state, and thus that punishment is at the heart of political theory. This is a stunning achievement." —Malcolm M. Feeley, University of California at Berkeley Keally McBride is Assistant Professor of Politics at the University of San Francisco.

Author: Nicolas Nayfeld
Publisher: Taylor & Francis
ISBN: 1000876306
Category : Law
Languages : en
Pages : 223

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Book Description
This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart’s key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart’s philosophy, the philosophy of law and criminal law.

Author: Society for the Diffusion of Information on the Subject of Capital Punishments
Publisher:
ISBN:
Category : Capital punishment
Languages : en
Pages : 396

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Book Description
First compilation of a series of articles relating to the criminal law. Contains dozens of speeches, petitions and essays on the forgery laws, the penal codes of different nations, the use of interrogations, protests against specific criminal cases, etc.

Author: Graeme Newman
Publisher: Routledge
ISBN: 1351475711
Category : Social Science
Languages : en
Pages : 314

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Book Description
Punishment occupies a central place in our lives and attitudes. We suffer a profound ambivalence about its moral consequences. Persons who have been punished or are liable to be punished have long objected to the legitimacy of punishment. We are all objects of punishment, yet we are also its users. Our ambivalence is so profound that not only do we punish others, but we punish ourselves as well. We view those who submit too willingly to punishment as obedient verging on the groveling coward, and we view those who resist punishment as disobedient, rebels. In The Punishment Response Graeme Newman describes the uses of punishment and how these uses change over time.Some argue that punishment promotes discrimination and divisiveness in society. Others claim that it is through punishment that order and legitimacy are upheld. It is important that punishment is understood as neither one nor the other; it is both. This point, simple though it seems, has never really been addressed. This is why Newman claims we wax and wane in our uses of punishment; why punishing institutions are clogged by bureaucracy; why the death penalty comes and goes like the tide.Graeme Newman emphasizes that punishment is a cultural process and also a mechanism of particular institutions, of which criminal law is but one. Because academic discussions of punishment have been confined to legalistic preoccupations, much of the policy and justification of punishment have been based on discussions of extreme cases. The use of punishment in the sphere of crime is an extreme unto itself, since crime is a minor aspect of daily life. The uses of punishment, and the moral justifications for punishment within the family and school have rarely been considered, certainly not to the exhaustive extent that criminal law has been in this outstanding work.

Author: Julia Hillner
Publisher: Cambridge University Press
ISBN: 1316297896
Category : History
Languages : en
Pages : 443

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Book Description
This book traces the long-term genesis of the sixth-century Roman legal penalty of forced monastic penance. The late antique evidence on this penal institution runs counter to a scholarly consensus that Roman legal principle did not acknowledge the use of corrective punitive confinement. Dr Hillner argues that forced monastic penance was a product of a late Roman penal landscape that was more complex than previous models of Roman punishment have allowed. She focuses on invigoration of classical normative discourses around punishment as education through Christian concepts of penance, on social uses of corrective confinement that can be found in a vast range of public and private scenarios and spaces, as well as on a literary Christian tradition that gave the experience of punitive imprisonment a new meaning. The book makes an important contribution to recent debates about the interplay between penal strategies and penal practices in the late Roman world.

Author: Mirko Bageric
Publisher: Routledge
ISBN: 1135339805
Category : Law
Languages : en
Pages : 329

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Book Description
First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Author: R. A. Duff
Publisher: Oxford University Press
ISBN: 0190290390
Category : Law
Languages : en
Pages : 272

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Book Description
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.

Author: Anthony F. Lang Jr.
Publisher: Routledge
ISBN: 1134070608
Category : History
Languages : en
Pages : 206

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Book Description
This volume argues that a wide range of policies in the international system today – economic sanctions, military intervention, and counter terrorism policy – are part of a ‘punitive ethos’ that has arisen since the end of the Cold War.