A Theory Of Legal Punishment

Author : Matthew C. Altman
Publisher : Routledge
ISBN 13 : 1000379345
Total Pages : 211 pages
Book Rating : 4.41/5 ( download)

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Download or read book A Theory of Legal Punishment written by Matthew C. Altman and published by Routledge. This book was released on 2021-05-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

Author : Whitley R.P. Kaufman
Publisher : Springer Science & Business Media
ISBN 13 : 9400748450
Total Pages : 209 pages
Book Rating : 4.53/5 ( download)

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Download or read book Honor and Revenge: A Theory of Punishment written by Whitley R.P. Kaufman and published by Springer Science & Business Media. This book was released on 2012-08-28 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Thom Brooks
Publisher : Routledge
ISBN 13 : 1315527758
Total Pages : 242 pages
Book Rating : 4.58/5 ( download)

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Download or read book Punishment written by Thom Brooks and published by Routledge. This book was released on 2021-03-30 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.

Author : Cesare Bonesana
Publisher : ReadHowYouWant.com
ISBN 13 : 1425029264
Total Pages : 178 pages
Book Rating : 4.65/5 ( download)

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Download or read book Of Crimes and Punishments written by Cesare Bonesana and published by ReadHowYouWant.com. This book was released on 2006 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mark Tunick
Publisher : Univ of California Press
ISBN 13 : 0520912314
Total Pages : 273 pages
Book Rating : 4.11/5 ( download)

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Download or read book Punishment written by Mark Tunick and published by Univ of California Press. This book was released on 2023-12-22 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment. Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle. Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1100 pages
Book Rating : 4.02/5 ( download)

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Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Author : Stanley E. Grupp
Publisher :
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.91/5 ( download)

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Download or read book Theories of Punishment written by Stanley E. Grupp and published by . This book was released on 1972 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Igor Primoratz
Publisher : Prometheus Books
ISBN 13 : 159102983X
Total Pages : 210 pages
Book Rating : 4.30/5 ( download)

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Download or read book Justifying Legal Punishment written by Igor Primoratz and published by Prometheus Books. This book was released on 1997-11 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Alison Burke
Publisher :
ISBN 13 : 9781636350684
Total Pages : pages
Book Rating : 4.82/5 ( download)

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Download or read book SOU-CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Milena Tripkovic
Publisher : Studies in Penal Theory and Ph
ISBN 13 : 0190848626
Total Pages : 193 pages
Book Rating : 4.20/5 ( download)

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Download or read book Punishment and Citizenship written by Milena Tripkovic and published by Studies in Penal Theory and Ph. This book was released on 2018-12-24 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal disenfranchisement-the practice of restricting electoral rights following criminal conviction-is the only surviving electoral restriction of adult, mentally competent citizens in contemporary democracies. Despite the strong devotion to the principle of universal suffrage, criminal offenders are still routinely deprived of active and passive franchise, while the justifications for such limitations remain elusive and incoherent. In Punishment and Citizenship, Milena Tripkovic develops an empirical and normative account of criminal disenfranchisement. Starting from historical precedents of such restrictions and examining the current policies of a number of European countries, Tripkovic argues that while criminal disenfranchisement is considered a form of punishment, it should instead be viewed as a citizenship sanction imposed when a citizen fails to perform their role as a member of a political community. In order to determine the justifications of disenfranchisement, Tripkovic explores various citizenship ideals and examines whether criminal offenders comply with the expectations that are posed before them. After developing a theoretical framework of citizenship duties, Tripkovic concludes that very few criminal offenders fail to satisfy fundamental citizenship conditions and exhaustive voting restrictions cannot ultimately be justified. A comprehensive assessment of criminal disenfranchisement, Punishment and Citizenship offers concrete policy suggestions to determine the limited circumstances under which electoral rights could justifiably be withheld from criminal offenders.