Punishment: the Supposed Justifications PDF Download

Author: Ted Honderich
Publisher:
ISBN:
Category : Social Science
Languages : en
Pages : 220

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Book Description
Ted Honderich's "Punishment" is the best-known book on the justifications put forward for state punishment. This enlarged and developed edition brings his writing to a new audience. With new chapters on determinism and responsibility, plus a new conclusion, the book also remains true to its original realism about almost all talk of retribution and proportionality. Honderich investigates all the commonsensical notions of why and when punishment is morally necessary, engaging with the language of public debate by politicians and other public figures. Honderich then puts forward his own argument that punishment is legitimate when it is in accord with the principle of humanity. Written in a clear, sharp style and seasoned with a dry wit, this is the most important work on the reasoning behind our penal systems. It is a pleasure to read for philosophers and non-philosophers alike. Ted Honderich is Grote Professor Emeritus at University College London and author of numerous books on philosophy, including "After the Terror" (Edinburgh University Press, 2002), "How Free Are You?" (Oxford University Press, 2001), " Terrorism for Humanity" (Pluto Press, 2003) and "Conservatism" (Pluto Press, 2005). He is also the editor of the Oxford Companion to Philosophy.

Author: Ted Honderich
Publisher: Pluto Press
ISBN: 9780745321318
Category : Philosophy
Languages : en
Pages : 264

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Book Description
Ted Honderich's Punishment is the best-known book on the justifications put forward for state punishment. This enlarged and developed edition brings his writing to a new audience. With new chapters on determinism and responsibility, plus a new conclusion, the book also remains true to its original realism about almost all talk of retribution and proportionality. Honderich investigates all the commonsensical notions of why and when punishment is morally necessary, engaging with the language of public debate by politicians and other public figures. Honderich then puts forward his own argument that punishment is legitimate when it is in accord with the principle of humanity. Written in a clear, sharp style and seasoned with a dry wit, this is the most important work on the reasoning behind our penal systems. It is a pleasure to read for philosophers and non-philosophers alike. Ted Honderich is Grote Professor Emeritus at University College London and author of numerous books on philosophy, including After the Terror (Edinburgh University Press, 2002), How Free Are You? (Oxford University Press, 2001), Terrorism for Humanity (Pluto Press, 2003) and Conservatism (Pluto Press, 2005). He is also the editor of the Oxford Companion to Philosophy.

Author: Ted Honderich
Publisher: Pluto Press (UK)
ISBN: 9781435660755
Category : Social Science
Languages : en
Pages : 249

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Book Description
In times of war, human rights violations often go unreported. In Israel and the Occupied Territories, where ongoing conflict has killed many thousands, abuses of human rights are commonplace, but these stories seldom reach the outside world. This book redresses that balance: taken from documents produced by international human rights groups - and assembled by the international journalist's organisation Reporters sans Frontieres - it provides an authoritative account of human rights violations that have taken place on both sides of the conflict since the start of the second Intifada in September 2000. These accounts of abuses and violations are careful not to overdramatise the story. Instead, they offer as objective an account as possible of the degradations that both Israelis and Palestinians have suffered. In this way the book provides an important assessment of the conflict's continuing impact on both communities.

Author: Jan Willem de Keijser
Publisher: Rozenberg Pub
ISBN: 9789051705157
Category : Law
Languages : en
Pages : 196

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Book Description
The intricate practice of legal punishment is morally problematic and requires a consistent moral justification. This study considers the link between supposed justifications and goals and the actual practice of legal punishment. Is there a commonly share

Author: Igor Primoratz
Publisher: Prometheus Books
ISBN: 159102983X
Category : Law
Languages : en
Pages : 210

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Book Description
While the philosophy of punishment is dominated by utilitarian and "mixed" theories, this study, written in the analytic tradition but also drawing on the views of Hegel, argues for a purely retributive view: all the main questions facing a theory of punishment are answered in terms of justice and desert, without any concessions to social expediency.

Author: Jeremy Bentham
Publisher: Wentworth Press
ISBN:
Category : History
Languages : en
Pages : 464

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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author: Whitley R.P. Kaufman
Publisher: Springer Science & Business Media
ISBN: 9400748450
Category : Philosophy
Languages : en
Pages : 209

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Book Description
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.​

Author: Andreas von Hirsch
Publisher: Bloomsbury Publishing
ISBN: 1509902678
Category : Law
Languages : en
Pages : 206

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Book Description
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.

Author: Nora V. Demleitner
Publisher:
ISBN: 9780735507098
Category : Sentences (Criminal procedure)
Languages : en
Pages : 0

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Book Description
A leading text in criminal law, co-authored by leading scholars in the field, Sentencing Law and Policy draws from extensive sources to present a comprehensive overview of all aspects of criminal sentencing. Online integration with sentencing commissions, thorough treatment of current case law, and provocative notes and questions, stimulate students to consider connections between disparate institutions and examine the purposes and politics of the criminal justice system. The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more. Features: Authors are among the leading sentencing scholars in the United States. Demleitner and Berman are editors of the leading sentencing journal, Federal Sentencing Reporter. Berman is the blog master of the leading sentencing blog, with huge readership. Intuitive organization tracks the process that occurs in every criminal sentencing. Each chapter draws on the most relevant examples from three distinct sentencing worlds: guideline-determinate, indeterminate, and capital. Wide-ranging source materials, including: U.S. Supreme Court decisions. Cases from state high courts, federal appellate courts, and foreign jurisdictions. Statutes and guidelines provisions. Reports and data from sentencing commissions and other agencies. Problems and questions in text are integrated with websites of sentencing commissions, such as the site for the U.S. Sentencing Commissions (www.ussc.gov). Challenging questions ask students to compare institutions and consider the connections between specific sentencing rules and the purposes and politics of criminal justice, emphasizing the effects of sentencing. Notes tell students directly what are the most common practices in U.S. jurisdictions. Instructorsand’ website (www.sentencingbook.net) provides the Teacherand’s Manualand—available only electronically on the siteand— with additional teaching materials to be posted as needed. Studentsand’ website (www.sentencingbook.com) features longer collections of rules and guidelines, statutes, case studies, recent articles, practice problems, sample exams, and a virtual library. Thoroughly updated, the revised Third Edition includes: New Supreme Court cases, including Gall, Kimbrough, Padilla (6th Amendment), and Kennedy (child rape sentencing limits). Policy debates over mass incarceration, the relevance of the budget crisis, and the state-level variation in deincarceration. Shifting authority among key actors in the crack penalty/crack reform debate, including the Fair Sentencing Act (FSA). Expanded core study of discretion in sentencing and attention to race in sentencing, with a close study of the North Carolina Racial Justice Act and the emergence of and“racial impact statementsand” about existing systems and proposed legislation ina number of states. Death penalty abolition. Developments in state sentencing guidelines, noting stand-still in new states, and the relevance of the ALI MPC project. Emergence of and“second lookand” policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the and“supervised releaseand” that has come to replace traditional parole. Discussion of new technologies, developm

Author: A. John Simmons
Publisher: Princeton University Press
ISBN: 0691241856
Category : Philosophy
Languages : en
Pages : 348

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Book Description
The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag.