Punishment and Private Law

Punishment and Private Law
Author: Elise Bant
Publisher: Bloomsbury Publishing
Total Pages: 448
Release: 2021-05-20
Genre: Law
ISBN: 1509939172

Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.

Beyond Punishment?

Beyond Punishment?
Author: Zachary Hoskins
Publisher: Oxford University Press
Total Pages: 265
Release: 2019
Genre: Law
ISBN: 0199389233

In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of the collateral legal consequences of conviction. Considering how pervasive collateral restrictions have become and the dramatic effects such restrictions have on offenders' lives, Hoskins examines whether these extended measures of punishment are ever morally justified.

Symposium

Symposium
Author:
Publisher:
Total Pages: 475
Release: 2003
Genre: Remedies (Law)
ISBN:

Law as Punishment / Law as Regulation

Law as Punishment / Law as Regulation
Author: Austin Sarat
Publisher: Stanford University Press
Total Pages: 257
Release: 2011-08-29
Genre: Law
ISBN: 0804782113

Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.

Law as Punishment / Law as Regulation

Law as Punishment / Law as Regulation
Author: Austin Sarat
Publisher: Stanford University Press
Total Pages: 201
Release: 2011-08-29
Genre: Law
ISBN: 0804771707

This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an instrument of coercion or punishment.

Private Law and Property Claims

Private Law and Property Claims
Author: Peter Jaffey
Publisher: Bloomsbury Publishing
Total Pages: 284
Release: 2023-10-19
Genre: Law
ISBN: 1509975047

Private Law and Property Claims sets out a distinctive analysis of some general issues in private law, including the nature of categories such as contract, tort and property, duties and liabilities as the basis of claims in private law, and the relationship between primary rights and remedies. In the light of this analysis, it offers a new approach to property in private law, including claims that arise to protect and recover property. It goes on to discuss the law of trusts, fiduciary relationships, and tracing; the remedial role of the trust; the nature of equity as a legal category; and the relationship between property and claims in tort to protect property. It also exposes the misconceptions underlying the modern approach to restitution and unjust enrichment and the problems this is causing in private law.

Civil Wrongs and Justice in Private Law

Civil Wrongs and Justice in Private Law
Author: Paul B. Miller
Publisher: Oxford University Press, USA
Total Pages: 553
Release: 2020
Genre: Law
ISBN: 0190865261

"Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. The present volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists"--

Encyclopedia of Crime and Punishment

Encyclopedia of Crime and Punishment
Author: David Levinson
Publisher: SAGE
Total Pages: 544
Release: 2002
Genre: Social Science
ISBN: 9780761922582

"Authoritative and comprehensive, this multivolume set includes hundreds of articles in the field of criminal justice. Impressive arrays of authors have contributed to this resource, addressing such diverse topics as racial profiling, money laundering, torture, prisoner literature, the KGB, and Sing Sing. Written in an accessible manner and attractively presented, the background discussions, definitions, and explanations of important issues and future trends are absorbing. Interesting sidebars and facts,reference lists, relevant court cases, tables, and black-and-white photographs supplement the entries. Appendixes cover careers in criminal justice, Web resources, and professional organizations. A lengthy bibliography lists relevant works."--"The Best of the Best Reference Sources," American Libraries, May 2003.

Privilege and Punishment

Privilege and Punishment
Author: Matthew Clair
Publisher: Princeton University Press
Total Pages: 320
Release: 2022-06-21
Genre: Social Science
ISBN: 069123387X

How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.