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Author: J. Angelo Corlett Publisher: Springer Science & Business Media ISBN: 9400707762 Category : Law Languages : en Pages : 274
Book Description
This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new retributivism defended therein. Finally, chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”—John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside.
Author: J. Angelo Corlett Publisher: Springer Science & Business Media ISBN: 9400707762 Category : Law Languages : en Pages : 274
Book Description
This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new retributivism defended therein. Finally, chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”—John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside.
Author: Claudio Marcello Tamburrini Publisher: ISBN: 9780739149966 Category : Law Languages : en Pages : 0
Book Description
Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher's view on this matter as a way of furthering the debate on recidivist punishments.
Author: A. John Simmons Publisher: Princeton University Press ISBN: 0691241856 Category : Philosophy Languages : en Pages : 348
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.
Author: Jesper Ryberg Publisher: Oxford University Press ISBN: 0199941386 Category : Law Languages : en Pages : 273
Book Description
Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means.
Author: Gabriel Hallevy Publisher: Springer Science & Business Media ISBN: 364232388X Category : Law Languages : en Pages : 249
Book Description
Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Author: Jesper Ryberg Publisher: ISBN: 0190846429 Category : Law Languages : en Pages : 251
Book Description
Can it be justified to use neuroscientific technologies for influencing the human brain as a means of preventing offenders from engaging in future criminal conduct? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this question.
Author: Jan W de Keijser Publisher: Bloomsbury Publishing ISBN: 1509921435 Category : Law Languages : en Pages : 321
Book Description
Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.
Author: Julian V Roberts Publisher: Bloomsbury Publishing ISBN: 1782256067 Category : Law Languages : en Pages : 335
Book Description
This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists.
Author: J. Angelo Corlett
Author: J. Angelo Corlett
Author: Claudio Marcello Tamburrini
Author: A. John Simmons
Author: Jesper Ryberg
Author: Jesper Ryberg
Author: Gabriel Hallevy
Author: Jesper Ryberg
Author: Jan W de Keijser
Author: Gui Huang
Author: Julian V Roberts