Punishment The Supposed Justifications
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Author | : Ted Honderich |
Publisher | : |
Total Pages | : 220 |
Release | : 1969 |
Genre | : Social Science |
ISBN | : |
Ted Honderich's "Punishment" is the best-known book on the justifications put forward for state punishment. This enlarged and developed edition brings his writing to a new audience. With new chapters on determinism and responsibility, plus a new conclusion, the book also remains true to its original realism about almost all talk of retribution and proportionality. Honderich investigates all the commonsensical notions of why and when punishment is morally necessary, engaging with the language of public debate by politicians and other public figures. Honderich then puts forward his own argument that punishment is legitimate when it is in accord with the principle of humanity. Written in a clear, sharp style and seasoned with a dry wit, this is the most important work on the reasoning behind our penal systems. It is a pleasure to read for philosophers and non-philosophers alike. Ted Honderich is Grote Professor Emeritus at University College London and author of numerous books on philosophy, including "After the Terror" (Edinburgh University Press, 2002), "How Free Are You?" (Oxford University Press, 2001), " Terrorism for Humanity" (Pluto Press, 2003) and "Conservatism" (Pluto Press, 2005). He is also the editor of the Oxford Companion to Philosophy.
Author | : Ted Honderich |
Publisher | : Pluto Press |
Total Pages | : 264 |
Release | : 2005-11-20 |
Genre | : Philosophy |
ISBN | : 9780745321318 |
Ted Honderich's Punishment is the best-known book on the justifications put forward for state punishment. This enlarged and developed edition brings his writing to a new audience. With new chapters on determinism and responsibility, plus a new conclusion, the book also remains true to its original realism about almost all talk of retribution and proportionality. Honderich investigates all the commonsensical notions of why and when punishment is morally necessary, engaging with the language of public debate by politicians and other public figures. Honderich then puts forward his own argument that punishment is legitimate when it is in accord with the principle of humanity. Written in a clear, sharp style and seasoned with a dry wit, this is the most important work on the reasoning behind our penal systems. It is a pleasure to read for philosophers and non-philosophers alike. Ted Honderich is Grote Professor Emeritus at University College London and author of numerous books on philosophy, including After the Terror (Edinburgh University Press, 2002), How Free Are You? (Oxford University Press, 2001), Terrorism for Humanity (Pluto Press, 2003) and Conservatism (Pluto Press, 2005). He is also the editor of the Oxford Companion to Philosophy.
Author | : Andreas von Hirsch |
Publisher | : Bloomsbury Publishing |
Total Pages | : 217 |
Release | : 2017-02-09 |
Genre | : Law |
ISBN | : 1509902678 |
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Author | : Nora V. Demleitner |
Publisher | : |
Total Pages | : 858 |
Release | : 2004 |
Genre | : Law |
ISBN | : |
Four leading sentencing scholars have produced the first and only text with enough up-to-date material to support a full course or seminar on sentencing. Other texts offer only partial coverage or out-of-date examples. The chapters in Sentencing Law and Policy: Cases, Statutes, and Guidelines present examples from three distinct types of sentencing guideline-determinate, and capital. The materials draw on the full spectrum of legal institutions, from the U.S. Supreme Court To The state court level, with close consideration of the role of legislatures and sentencing commissions. The only current, full-course text on sentencing, this new title offers: an 'intuitive', conceptually-based organization that looks at the essential substantative components and procedural steps following the sequence of decisions that typically occurs in every criminal sentencing examples covering three distinct areas of sentencing, with chapter materials based on guideline-determinate, indeterminate, and capital sentencing materials from a range of institutions, including decision from the U.S. Supreme Court, state high courts, federal appellate courts, and some foreign jurisdictions - along with statutes and guideline provisions, and reports from various sentencing commissions and agencies in-text notes on sentencing policies that explain common practices in U.S. jurisdictions, then ask students to compare different institutional practices and consider the relationship between sentencing rules, politics, And The broader aims of criminal justice
Author | : David Garland |
Publisher | : University of Chicago Press |
Total Pages | : 321 |
Release | : 2012-04-26 |
Genre | : Law |
ISBN | : 0226922502 |
In this path-breaking book, David Garland argues that punishment is a complex social institution that affects both social relations and cultural meanings. Drawing on theorists from Durkheim to Foucault, he insightfully critiques the entire spectrum of social thought concerning punishment, and reworks it into a new interpretive synthesis. "Punishment and Modern Society is an outstanding delineation of the sociology of punishment. At last the process that is surely the heart and soul of criminology, and perhaps of sociology as well—punishment—has been rescued from the fringes of these 'disciplines'. . . . This book is a first-class piece of scholarship."—Graeme Newman, Contemporary Sociology "Garland's treatment of the theorists he draws upon is erudite, faithful and constructive. . . . Punishment and Modern Society is a magnificent example of working social theory."—John R. Sutton, American Journal of Sociology "Punishment and Modern Society lifts contemporary penal issues from the mundane and narrow contours within which they are so often discussed and relocates them at the forefront of public policy. . . . This book will become a landmark study."—Andrew Rutherford, Legal Studies "This is a superbly intelligent study. Its comprehensive coverage makes it a genuine review of the field. Its scholarship and incisiveness of judgment will make it a constant reference work for the initiated, and its concluding theoretical synthesis will make it a challenge and inspiration for those undertaking research and writing on the subject. As a state-of-the-art account it is unlikely to be bettered for many a year."—Rod Morgan, British Journal of Criminology Winner of both the Outstanding Scholarship Award of the Crime and Delinquency Division of the Society for the Study of Social Problems and the Distinguished Scholar Award from the American Sociological Association's Crime, Law, and Deviance Section
Author | : Campbell F. Scribner |
Publisher | : University of Chicago Press |
Total Pages | : 166 |
Release | : 2021-05-11 |
Genre | : Education |
ISBN | : 022678570X |
"In Spare the Rod, historian Campbell F. Scribner and philosopher Bryan R. Warnick think deeply about punishment and discipline practices in American schooling. To delve into this controversial subject, the authors carefully consider two major issues. The first involves questions of meaning. How have concepts of discipline and punishment in schools changed overtime? What purposes are they supposed to serve? And what can they tell us about our assumptions about education? The second issue involves the justification of punishment and discipline in schools. Are public school educators ever justified in punishing or disciplining students? Are these things important for moral education? Or, are they fundamentally opposed to education? If some form of punishment is justified in schools, what ethical guidelines should direct its administration? The authors argue that as schools have grown increasingly bureaucratic over the past century, formalizing disciplinary systems and shifting from physical punishments to forms of spatial or structural punishment (such as suspension), school discipline has not only come to resemble the operation of prisons or policing but has grown increasingly integrated with those institutions. These changes, they argue, disregard the unique status of schools as spaces of moral growth and community oversight, and are incompatible with the developmental ethos of education. What we need is a view of discipline and punishment that fits with the sort of moral community that schools should be"--
Author | : Michael J. Zimmerman |
Publisher | : Broadview Press |
Total Pages | : 197 |
Release | : 2011-04-20 |
Genre | : Philosophy |
ISBN | : 1460401093 |
In The Immorality of Punishment Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into practice alternative means of preventing crime and promoting social stability.
Author | : Ted Honderich |
Publisher | : Oxford University Press, USA |
Total Pages | : 1050 |
Release | : 1995 |
Genre | : Biography & Autobiography |
ISBN | : |
This is the most authoritative and engaging philosophical reference work in English. It gives clear and reliable guidance to all areas of philosophy and to the ideas of all notable philosophers from antiquity to the present day. The scope of the volume is not limited to English-languagephilosophy: it surveys the foremost philosophy from all parts of the world. A distinguished international assembly of more than two hundred contributors provide almost 2,000 alphabetically arranged entries which are not only instructive but also entertaining: they combine learning, lucidity, elegance, and wit. There are more than fifty extended entries of 3,000 words on themain areas of philosophy and the great philosophers: these include essays by Alasdair MacIntyre on the history of moral philosophy, Paul Feyerabend on the history of the philosophy of science, Jaegwon Kim on problems of the philosophy of mind, Richard Swinburne on problems of the philosophy ofreligion, David Charles on Aristotle, Peter Singer on Hegel, Anthony Kenny on Frege, and Anthony Quinton on philosophy itself. Short entries deal with key concepts (for instance, personal identity, time) doctrines (utilitarianism, holism), problems (the mind-body problem, the meaning of life), schools of thought (Marxist philosophy, the Vienna Circle), and practical issues (abortion, vegetarianism). Individual thinkerspast (Pythagoras, Confucius, Galileo, Goethe, Burke, Santayana, de Beauvoir, Radhakrishnan) and present (over 150 contemporary figures, such as Chomsky, Derrida, and Popper) are profiled, and eighty of them are depicted in black-and-white portraits. Interspersed throughout are short explanations ofparticular philosophical terms (qualia, supervenience, iff), puzzles (the Achilles paradox, the prisoner's dilemma), and curiosities (the philosopher's stone, slime). Every entry is accompanied by suggestions for further reading. A chronological chart of the history of philosophy is located at theend of the book, together with fourteen diagrams showing the structure of philosophy and the relations between its subjects and doctrines. This book will be an indispensable guide and a constant source of stimulation and enlightenment for anyone interested in abstract thought, the eternal questions, and the foundations of human understanding.
Author | : H. L. A. Hart |
Publisher | : OUP Oxford |
Total Pages | : 651 |
Release | : 2008-03-06 |
Genre | : Law |
ISBN | : 0191021776 |
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
Author | : David Boonin |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2008-04-14 |
Genre | : Philosophy |
ISBN | : 1139470787 |
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.