Criminal Punishment And Human Rights Convenient Morality

Author : Adnan Sattar
Publisher : Routledge
ISBN 13 : 0429861478
Total Pages : 270 pages
Book Rating : 4.75/5 ( download)

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Download or read book Criminal Punishment and Human Rights: Convenient Morality written by Adnan Sattar and published by Routledge. This book was released on 2019-03-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the ‘International Bill of Human Rights’, academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-à-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences – and longer prison sentences – in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.

Author : Hyman Gross
Publisher : Oxford University Press
ISBN 13 : 0199644713
Total Pages : 238 pages
Book Rating : 4.11/5 ( download)

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Download or read book Crime and Punishment written by Hyman Gross and published by Oxford University Press. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.

Author : Erik Claes
Publisher : Intersentia nv
ISBN 13 : 9050954235
Total Pages : 214 pages
Book Rating : 4.35/5 ( download)

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Download or read book Punishment, Restorative Justice and the Morality of Law written by Erik Claes and published by Intersentia nv. This book was released on 2005 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.

Author : Walter Berns
Publisher : Upa
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.07/5 ( download)

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Download or read book For Capital Punishment written by Walter Berns and published by Upa. This book was released on 1991 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This distinguished constitutional theorist takes a hard look at current criminal law and the Supreme Court's most recent decisions regarding the legality of capital punishment. Examining the penal system, capital punishment, and punishment in general, he reviews the continuing debate about the purpose of punishment for deterrence, rehabilitation, or retribution. He points out that the steady moderation of criminal law has not effected a corresponding moderation in criminal ways or improved the conditions under which men must live. He decries the "pious sentiment" of those who maintain that criminals need to be rehabilitated. He concludes that the real issue is not whether the death penalty deters crime, but that in an imperfect universe, justice demands the death penalty. Originally published by Basic Books in 1979.

Author : Lill Scherdin
Publisher : Routledge
ISBN 13 : 1317169921
Total Pages : 486 pages
Book Rating : 4.25/5 ( download)

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Download or read book Capital Punishment written by Lill Scherdin and published by Routledge. This book was released on 2016-04-08 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: As most jurisdictions move away from the death penalty, some remain strongly committed to it, while others hold on to it but use it sparingly. This volume seeks to understand why, by examining the death penalty’s relationship to state governance in the past and present. It also examines how international, transnational and national forces intersect in order to understand the possibilities of future death penalty abolition. The chapters cover the USA - the only western democracy that still uses the death penalty - and Asia - the site of some 90 per cent of all executions. Also included are discussions of the death penalty in Islam and its practice in selected Muslim majority countries. There is also a comparative chapter departing from the response to the mass killings in Norway in 2011. Leading experts in law, criminology and human rights combine theory and empirical research to further our understanding of the relationships between ways of governance, the role of leadership and the death penalty practices. This book questions whether the death penalty in and of itself is a hazard to a sustainable development of criminal justice. It is an invaluable resource for all those researching and campaigning for the global abolition of capital punishment.

Author : Wolfgang Wagner
Publisher : Oxford University Press
ISBN 13 : 0197693482
Total Pages : 257 pages
Book Rating : 4.83/5 ( download)

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Download or read book Punishment in International Society written by Wolfgang Wagner and published by Oxford University Press. This book was released on 2024 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishment in International Society examines the penal philosophies and practices in international society, arguing for the added value of a punitive lens to international politics. Bringing together an international roster of scholars from the social sciences, law, and humanities, the contributions demonstrate that punitive practices have been more prevalent than commonly acknowledged as they have often been masked as (self-)defence, reparations, or coercive diplomacy. By approaching international punishment from various disciplines, this volume sheds new light on different dimensions of the punitive practices across the globe.

Author : Walter Hamilton Moberly
Publisher :
ISBN 13 :
Total Pages : 396 pages
Book Rating : 4.55/5 ( download)

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Download or read book The Ethics of Punishment written by Walter Hamilton Moberly and published by . This book was released on 1968 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Hugo Adam Bedau
Publisher : UPNE
ISBN 13 : 9781555530082
Total Pages : 334 pages
Book Rating : 4.87/5 ( download)

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Download or read book Death is Different written by Hugo Adam Bedau and published by UPNE. This book was released on 1987 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : J. Ryberg
Publisher : Springer
ISBN 13 : 0230290620
Total Pages : 190 pages
Book Rating : 4.24/5 ( download)

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Download or read book Punishment and Ethics written by J. Ryberg and published by Springer. This book was released on 2010-10-20 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Christopher Heath Wellman
Publisher : Oxford University Press
ISBN 13 : 019027476X
Total Pages : 241 pages
Book Rating : 4.64/5 ( download)

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Download or read book Rights Forfeiture and Punishment written by Christopher Heath Wellman and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment