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Justice and Punishment

Justice and Punishment Author Matt Matravers
ISBN-10 9780198295730
Release 2000-08-03
Pages 286
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This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadlyconceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim isthat it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified.Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justificationof punishment as intrinsic to morality itself.



To make the punishment fit the crime

To make the punishment fit the crime Author Michael Davis
ISBN-10 UOM:39015021564524
Release 1992-08
Pages 265
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To make the punishment fit the crime has been writing in one form or another for most of life. You can find so many inspiration from To make the punishment fit the crime also informative, and entertaining. Click DOWNLOAD or Read Online button to get full To make the punishment fit the crime book for free.



Punishment as Societal defense

Punishment as Societal defense Author Phillip Montague
ISBN-10 084768072X
Release 1995-01-01
Pages 175
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People punished by law are treated in ways that we consider immoral in other contexts. In Punishment as Societal-Defense, Phillip Montague develops a new theory of punishment that, instead of justifying it on the basis of deterrence or retribution, constructs it as analogous to individual self-defense. If people are justified in defending themselves against wrongful aggression, Montague argues, the same principles of distributive justice underlie punishment as societal defense. He recognizes and offers solutions to both the moral difficulties of self-defense and the ways in which punishment after an act differs from defense against an act before it occurs. Montague argues that his theory of punishment is preferable to theories based on deterrence and retribution, and shows how his theory would allow for capital punishment under certain circumstances. Punishment as Societal-Defense will be an important book for professionals and advanced students in philosophy, law, and criminology.



Crime and Justice at the Millennium

Crime and Justice at the Millennium Author Marvin E. Wolfgang
ISBN-10 0792375920
Release 2002
Pages 404
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The major theme of this Festschrift will be state-of-the-art criminology at the millennium and its impact into the 21st century. The editors have solicited major figures in contemporary criminology to elucidate the current state and future prospects of criminology at the turn of the century. It is appropriate that such a volume be produced in honor of Marvin E. Wolfgang, the most influential criminologist in the English-speaking world. Those invited to contribute were students or colleagues of Professor Wolfgang and are themselves distinguished criminologists. They represent criminology both of the past and the future. The appeal of the current book is not that it honors Marvin Wolfgang, but rather that it provides an accounting of where the discipline of criminology currently stands and its future directions. Professor Marvin E. Wolfgang was unsurpassed as a criminologist, distinguished mentor, and gentleman. A book designed to contribute to the most contemporary debates in criminology is a most fitting tribute.



Social Censure and Critical Criminology

Social Censure and Critical Criminology Author Anthony Amatrudo
ISBN-10 9781349952212
Release 2017-08-01
Pages 377
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This edited collection focuses on the sociology of 'social censure' – the sociological term advocated by Colin Sumner in his seminal writing of the 1980s and 1990s. Social censure has become increasingly important in contemporary criminological writing. This can especially be seen in recent writing on gender and race and also in terms of the way that the state's relationship to crime is now understood. This collection addresses a deficit in the published literature and both revisits themes from an earlier era and looks forward to the development of new writing that develops Sumner’s seminal work on social censure. The contributors are drawn from leading scholars from across the Social Sciences and Law and they address a wide range of issues such as: race, youth justice, policing, welfare, and violence. The resulting volume is an interdisciplinary text which will be of special interest to scholars and students of Critical Criminology and Socio-Legal Studies, as well as those interested in the operation of the criminal justice system and criminological theory.



Changing Contours of Criminal Justice

Changing Contours of Criminal Justice Author Mary Bosworth
ISBN-10 9780191092824
Release 2016-11-03
Pages 384
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Celebrating the 50th Anniversary of the Oxford Centre for Criminology, this edited collection of essays seeks to explore the changing contours of criminal justice over the past half century and to consider possible shifts over the next few decades. The question of how social science disciplines develop and change does not invite any easy answer, with the task made all the more difficult given the highly politicised nature of some subjects and the volatile, evolving status of its institutions and practices. A case in point is criminal justice: at once fairly parochial, much criminal justice scholarship is now global in its reach and subject areas that are now accepted as central to its study - victims, restorative justice, security, privatization, terrorism, citizenship and migration (to name just a few) - were topics unknown to the discipline half a century ago. Indeed, most criminologists would have once stoutly denied that they had anything to do with it. Likewise, some central topics of past criminological attention, like probation, have largely receded from academic attention and some central criminal justice institutions, like Borstal and corporal punishment, have, at least in Europe, been abolished. Although the rapidity and radical nature of this change make it quite impossible to predict what criminal justice will look like in fifty years' time, reflection on such developments may assist in understanding how it arrived at its current form and hint at what the future holds. The contributors to this volume have been invited to reflect on the impact Oxford criminology has had on the discipline, providing a unique and critical discussion about the current state of criminal justice around the world and the origins and future implications of contemporary practice. All are leading internationally-renowned criminologists whose work has defined and often re-defined our understanding of criminal justice policy and literature.



Criminal Justice

Criminal Justice Author Peter Joyce
ISBN-10 9781317395577
Release 2017-07-06
Pages 670
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This revised and expanded third edition offers a comprehensive and engaging introduction to the criminal justice system of England and Wales. Starting with an overview of the main theories of the causes of crime, this book explores and discusses the operation of the main criminal justice agencies including the police, probation and prison services and the legal and youth justice systems. This book offers a lively and critical discussion of some of the main themes in criminal justice, from policy-making and crime control to diversity and discrimination to the global dimensions of criminal justice, including organized crime and the role of the EU. Key updates to this new edition include: increased discussion of the measurement, prevention and detection of crime; a revised chapter on the police which discusses the principle of policing by consent, police methods, power and governance as well as the abuse of power; further discussion of pressing contemporary issues in criminal justice, such as privatization, multi-agency working and community-based criminal justice policy; a brand new chapter on victims of crime, key developments in criminal justice policy, and the response of the criminal justice system. This accessible text is essential reading for students taking introductory courses in criminology and criminal justice. A wide range of useful features includes review questions, lists of further reading, timelines of key events and a glossary of key terms.



Punishment Communication and Community

Punishment  Communication  and Community Author R. A. Duff
ISBN-10 9780198026433
Release 2003-05-15
Pages 272
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The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.



The yale law journal

The yale law journal Author
ISBN-10 UCAL:B3699423
Release 1979
Pages
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The yale law journal has been writing in one form or another for most of life. You can find so many inspiration from The yale law journal also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The yale law journal book for free.



The Ethics of Legal Coercion

The Ethics of Legal Coercion Author J.D. Hodson
ISBN-10 9789400972575
Release 2012-12-06
Pages 177
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Are all of the commonly accepted aims of the use of law justifiable? Which kinds of behavior are justifiably prohibited, which kinds justifiably required? What uses of law are not defensible? How can the legitimacy or the ille gitimacy of various uses of law be explained or accounted for? These are questions the answering of which involves one in many issues of moral principle, for the answers require that one adopt positions - even if only implicitly - on further questions of what kinds of actions or policies are morally or ethically acceptable. The present work, aimed at questions of these kinds, is thus a study in the ethical evaluation of major uses of legal coercion. It is an attempt to provide a framework within which many questions about the proper uses of law may be fruitfully discussed. The framework, if successful, can be used by anyone asking questions about the defensibility of particular or general uses of law, whether from the perspective of someone considering whether to bring about some new legal provision, from the perspective of someone concerned to evaluate an eXisting provision, or from that of someone concerned more abstractly with questions about the appropriate substance of an ideal legal system. In addressing these and associated issues, I shall be exploring the extent to which an ethics based on respect for persons and their autonomy can handle satisfactorily the problems arising here.



The Little Book of Restorative Justice

The Little Book of Restorative Justice Author Howard Zehr
ISBN-10 9781680990447
Release 2015-01-27
Pages 112
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Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming understandings of justice. Here he proposes workable principles and practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. (The original edition has sold more than 110,000 copies.) Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions. This is not soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice practices. Zehr undertakes a massive and complex subject and puts it in graspable from, without reducing or trivializing it. This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement.



Preventive Justice

Preventive Justice Author Andrew Ashworth
ISBN-10 9780191021053
Release 2014-03-27
Pages 310
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This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.



Why People Obey the Law

Why People Obey the Law Author Tom R. Tyler
ISBN-10 9780691126739
Release 2006
Pages 299
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People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.



Coerced Contraception

Coerced Contraception Author Ellen H. Moskowitz
ISBN-10 1589018079
Release 1996-09-13
Pages 176
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Long-acting and reversible contraceptives, such as Norplant and Depo-Provera, have been praised as highly effective, moderately priced, and generally safe. Yet, as this book argues, the very qualities that make these contraceptives an important alternative for individual choice in family planning also make them a potential tool of coercive social policy. For example, policymakers have linked their use to welfare benefits, and judges, to probation agreements. In this book, authors from the fields of medicine, ethics, law, and the social sciences probe the unique and vexing ethical and policy issues raised by long-acting contraception. The book offers comprehensive ethical guidelines for health care professionals and policymakers, as well as an ethical framework for analyzing policies and practices concerning long?acting contraceptives. The authors consider cultural, social, and ethical issues pertaining to contraception, and they provide historical and scientific background on today's controversies. They explore alternative conceptual and theoretical frameworks, including analyses of autonomy, coercion, and responsibility in reproductive decisions. This volume also notes the special concerns that arise when policies promoting long?term birth control target low-income women and women of color, and when these contraceptives are used in developing countries.



Law Ideology and Punishment

Law  Ideology and Punishment Author A.W. Norrie
ISBN-10 9789400906990
Release 2012-12-06
Pages 244
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This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.



The Future of Punishment

The Future of Punishment Author Thomas A. Nadelhoffer
ISBN-10 9780199779352
Release 2013-03-01
Pages 304
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Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility. While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.



The Problem of Punishment

The Problem of Punishment Author David Boonin
ISBN-10 9781139470780
Release 2008-04-14
Pages
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In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.