Retributivism And Its Critics
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| Author | : Wesley Cragg |
| Publisher | : Franz Steiner Verlag |
| Total Pages | : 178 |
| Release | : 1992 |
| Genre | : Law |
| ISBN | : 9783515060295 |
Retributivism is currently a keenly debated theory of punishment. In this volume, the contributors explore its various dimensions including its implications for sentencing and evaluate it against utilitarian options. Content: Jean Hampton: An Expressive Theory of Retribution u Brian Slattery: The Myth of Retributive Justice u Tim Dare: Retributivism, Punishment and Public Values u Anthony Duff: Alternatives to Punishment - or Alternative Punishments u Jerome Bickenbach: Duff on Non-Custodial Punishment u Sandra Marshall: Harm and Punishment in the Community. (Franz Steiner 1992)
| Author | : Gregg D. Caruso |
| Publisher | : Cambridge University Press |
| Total Pages | : 401 |
| Release | : 2021-04-29 |
| Genre | : Law |
| ISBN | : 1108484700 |
Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
| Author | : Leo Zaibert |
| Publisher | : Cambridge University Press |
| Total Pages | : 278 |
| Release | : 2018-04-19 |
| Genre | : Philosophy |
| ISBN | : 110867660X |
The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions.
| Author | : Hyman Gross |
| Publisher | : Oxford University Press |
| Total Pages | : 238 |
| Release | : 2012-01-12 |
| Genre | : Law |
| ISBN | : 0199644713 |
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 | : Thom Brooks |
| Publisher | : Routledge |
| Total Pages | : 242 |
| Release | : 2021-03-30 |
| Genre | : Law |
| ISBN | : 1315527758 |
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 | : Leo Zaibert |
| Publisher | : Routledge |
| Total Pages | : 237 |
| Release | : 2016-04-15 |
| Genre | : Law |
| ISBN | : 131707324X |
Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
| Author | : Alison Burke |
| Publisher | : |
| Total Pages | : |
| Release | : 2019 |
| Genre | : |
| ISBN | : 9781636350684 |
| Author | : A P Simester |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 639 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782254560 |
This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.
| Author | : Erin I. Kelly |
| Publisher | : Harvard University Press |
| Total Pages | : 241 |
| Release | : 2018-11-12 |
| Genre | : Philosophy |
| ISBN | : 0674980778 |
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
| Author | : Jean-Christophe Merle |
| Publisher | : Cambridge University Press |
| Total Pages | : 225 |
| Release | : 2015-12-17 |
| Genre | : Law |
| ISBN | : 1107559308 |
Examines the views of the German Idealists on punishment, and traces their gradual move in favour of deterrence and resocialisation.
