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Author: Thomas J. Miceli Publisher: Palgrave Macmillan ISBN: 9783030316976 Category : Law Languages : en Pages : 234
Book Description
This book explores the insights that can be gained by looking at the criminal justice system from an economic point of view. It provides an economic analysis of the institutional structure and function of the criminal justice system, how its policies are formulated, and how they affect behavior. Yet it goes beyond an examination of specific policies to address the broad question of how law influences behavior. For example, it examines how concepts such as the possibility of redemption affect the decisions of repeat offenders, and whether individual responsibility is (or should be) a pre-requisite for punishment. Finally, the book argues that, in addition to the threat of criminal sanctions, law inculcates principles of acceptable behavior among citizens by asserting that certain acts are “against the law.” This “expressive function” of law can influence behavior to the extent that at least some people in society are receptive to such a message. For these people, the moral content of law has more than mere symbolic value, and consequently, it can expand the scope of traditional law enforcement while lowering its cost. Another goal of the book is therefore to use economic theory to assess this dualistic function of law by specifically recognizing how its policies can both internalize an ethic of obedience to the law among some people irrespective of its consequences, while simultaneously threatening to punish those who only respond to external incentives.
Author: Thomas J. Miceli Publisher: Palgrave Macmillan ISBN: 9783030316976 Category : Law Languages : en Pages : 234
Book Description
This book explores the insights that can be gained by looking at the criminal justice system from an economic point of view. It provides an economic analysis of the institutional structure and function of the criminal justice system, how its policies are formulated, and how they affect behavior. Yet it goes beyond an examination of specific policies to address the broad question of how law influences behavior. For example, it examines how concepts such as the possibility of redemption affect the decisions of repeat offenders, and whether individual responsibility is (or should be) a pre-requisite for punishment. Finally, the book argues that, in addition to the threat of criminal sanctions, law inculcates principles of acceptable behavior among citizens by asserting that certain acts are “against the law.” This “expressive function” of law can influence behavior to the extent that at least some people in society are receptive to such a message. For these people, the moral content of law has more than mere symbolic value, and consequently, it can expand the scope of traditional law enforcement while lowering its cost. Another goal of the book is therefore to use economic theory to assess this dualistic function of law by specifically recognizing how its policies can both internalize an ethic of obedience to the law among some people irrespective of its consequences, while simultaneously threatening to punish those who only respond to external incentives.
Author: Amy E. Lerman Publisher: Cambridge University Press ISBN: 1107041457 Category : Law Languages : en Pages : 313
Book Description
Amy E. Lerman examines the shift from rehabilitation to punitivism that has taken place in the politics and practice of American corrections.
Author: Thomas J. Miceli Publisher: Springer Nature ISBN: 3030316955 Category : Law Languages : en Pages : 238
Book Description
This book explores the insights that can be gained by looking at the criminal justice system from an economic point of view. It provides an economic analysis of the institutional structure and function of the criminal justice system, how its policies are formulated, and how they affect behavior. Yet it goes beyond an examination of specific policies to address the broad question of how law influences behavior. For example, it examines how concepts such as the possibility of redemption affect the decisions of repeat offenders, and whether individual responsibility is (or should be) a pre-requisite for punishment. Finally, the book argues that, in addition to the threat of criminal sanctions, law inculcates principles of acceptable behavior among citizens by asserting that certain acts are “against the law.” This “expressive function” of law can influence behavior to the extent that at least some people in society are receptive to such a message. For these people, the moral content of law has more than mere symbolic value, and consequently, it can expand the scope of traditional law enforcement while lowering its cost. Another goal of the book is therefore to use economic theory to assess this dualistic function of law by specifically recognizing how its policies can both internalize an ethic of obedience to the law among some people irrespective of its consequences, while simultaneously threatening to punish those who only respond to external incentives.
Author: Whitley R.P. Kaufman Publisher: Springer Science & Business Media ISBN: 9400748450 Category : Philosophy Languages : en Pages : 209
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: Cesare Beccaria Publisher: The Lawbook Exchange, Ltd. ISBN: 1584776382 Category : Criminal justice, Administration of Languages : en Pages : 274
Book Description
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Author: Roslyn Weiss Publisher: University of Chicago Press ISBN: 0226891720 Category : Philosophy Languages : en Pages : 249
Book Description
In The Socratic Paradox and Its Enemies, Roslyn Weiss argues that the Socratic paradoxes—no one does wrong willingly, virtue is knowledge, and all the virtues are one—are best understood as Socrates’ way of combating sophistic views: that no one is willingly just, those who are just and temperate are ignorant fools, and only some virtues (courage and wisdom) but not others (justice, temperance, and piety) are marks of true excellence. In Weiss’s view, the paradoxes express Socrates’ belief that wrongdoing fails to yield the happiness that all people want; it is therefore the unjust and immoderate who are the fools. The paradoxes thus emerge as Socrates’ means of championing the cause of justice in the face of those who would impugn it. Her fresh approach—ranging over six of Plato’s dialogues—is sure to spark debate in philosophy, classics, and political theory. “Regardless of whether one agrees or disagrees with Weiss, it would be hard not to admire her extraordinarily penetrating analysis of the many overlapping and interweaving arguments running through the dialogues.”—Daniel B. Gallagher, Classical Outlook “Many scholars of Socratic philosophy . . . will wish they had written Weiss's book, or at least will wish that they had long ago read it.”—Douglas V. Henry, Review of Politics
Author: Saul Smilansky Publisher: John Wiley & Sons ISBN: 0470695862 Category : Philosophy Languages : en Pages : 160
Book Description
Presenting ten diverse and original moral paradoxes, this cutting edge work of philosophical ethics makes a focused, concrete case for the centrality of paradoxes within morality. Explores what these paradoxes can teach us about morality and the human condition Considers a broad range of subjects, from familiar topics to rarely posed questions, among them "Fortunate Misfortune", "Beneficial Retirement" and "Preferring Not To Have Been Born" Asks whether the existence of moral paradox is a good or a bad thing Presents analytic moral philosophy in a provocative, engaging and entertaining way; posing new questions, proposing possible solutions, and challenging the reader to wrestle with the paradoxes themselves
Author: Magnus Hörnqvist Publisher: Routledge ISBN: 0429589611 Category : Social Science Languages : en Pages : 281
Book Description
Based on a reading of contemporary philosophical arguments, this book accounts for how punishment has provided audiences with pleasure in different historical contexts. Watching tragedies, contemplating hell, attending executions, or imagining prisons have generated pleasure, according to contemporary observers, in ancient Greece, in medieval Catholic Europe, in the early-modern absolutist states, and in the post-1968 Western world. The pleasure was often judged morally problematic, and raised questions about which desires were satisfied, and what the enjoyment was like. This book offers a research synthesis that ties together existing work on the pleasure of punishment. It considers how the shared joys of punishment gradually disappeared from the public view at a precise historic conjuncture, and explores whether arguments about the carnivalesque character of cruelty can provide support for the continued existence of penal pleasure. Towards the end of this book, the reader will discover, if willing to go along and follow desire to places which are full of pain and suffering, that deeply entwined with the desire for punishment, there is also the desire for social justice. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, philosophy and all those interested in the pleasures of punishment.
Author: J. Kleinig Publisher: Springer Science & Business Media ISBN: 9401020272 Category : Philosophy Languages : en Pages : 170
Book Description
Superficial acquaintance with the literature on punishment leaves a fairly definite impression. There are two approaches to punishment - retributive and utilitarian - and while some attempts may be made to reconcile them, it is the former rather than the latter which requires the reconciliation. Taken by itself the retributive approach is primitive and unenlightened, falling short of the rational civilized humanitarian values which we have now acquired. Certainly this is the dominant impression left by 'popular' discussions of the SUbject. And retributive vs. utilitarian seems to be the mould in which most philosophical dis cussions are cast. The issues are far more complex than this. Punishment may be con sidered in a great variety of contexts - legal, educational, parental, theological, informal, etc. - and in each of these contexts several im portant moral questions arise. Approaches which see only a simple choice between retributivism and utilitarianism tend to obscure this variety and plurality. But even more seriously, the distinction between retributivism and utilitarianism is far from clear. That it reflects the traditional distinction between deontological and teleological ap proaches to ethics serves to transfer rather than to resolve the un clarity. Usually it is said that retributive approaches seek to justify acts by reference to features which are intrinsic to them, whereas utilitarian approaches appeal to the consequences of such acts. This, however, makes assumptions about the individuation of acts which are difficult to justify.
Author: Andrew Dilts Publisher: Fordham Univ Press ISBN: 082326243X Category : Political Science Languages : en Pages : 440
Book Description
At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, one in every five adult African Americans cannot vote. Punishment and Inclusion gives a theoretical and historical account of this pernicious practice of felon disenfranchisement, drawing widely on early modern political philosophy, continental and postcolonial political thought, critical race theory, feminist philosophy, disability theory, critical legal studies, and archival research into state constitutional conventions. It demonstrates that the history of felon disenfranchisement, rooted in postslavery restrictions on suffrage and the contemporaneous emergence of the modern “American” penal system, reveals the deep connections between two political institutions often thought to be separate, showing the work of membership done by the criminal punishment system and the work of punishment done by the electoral franchise. Felon disenfranchisement is a symptom of the tension that persists in democratic politics between membership and punishment. This book shows how this tension is managed via the persistence of white supremacy in contemporary regimes of punishment and governance.
Author: Thomas J. Miceli
Author: Thomas J. Miceli
Author: Amy E. Lerman
Author: Thomas J. Miceli
Author: Whitley R.P. Kaufman
Author: Cesare Beccaria
Author: Roslyn Weiss
Author: Saul Smilansky
Author: Magnus Hörnqvist
Author: J. Kleinig
Author: Andrew Dilts