Retributivism Has A Past
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Author | : Michael Tonry |
Publisher | : OUP USA |
Total Pages | : 304 |
Release | : 2011-12-12 |
Genre | : Law |
ISBN | : 0199798273 |
A collection of essays by major figures in punishment theory, law, and philosophy that reconsiders the popularity and prospects of retributivism, the notion that punishment is morally justified because people have behaved wrongly.
Author | : Ferdinand David Schoeman |
Publisher | : Cambridge University Press |
Total Pages | : 370 |
Release | : 1987 |
Genre | : Philosophy |
ISBN | : 9780521339513 |
An examination of the responsibility individuals have for their actions and characters.
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 | : Thomas A. Nadelhoffer |
Publisher | : Oxford University Press |
Total Pages | : 310 |
Release | : 2013-04-25 |
Genre | : Law |
ISBN | : 0199779201 |
The twelve essays in this volume aim at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed as scholars struggle to come to grips with the picture of human agency being pieced together by researchers in the biosciences.
Author | : Alison Burke |
Publisher | : |
Total Pages | : |
Release | : 2019 |
Genre | : |
ISBN | : 9781636350684 |
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 | : Daniel P. Mears |
Publisher | : SAGE Publications |
Total Pages | : 467 |
Release | : 2014-10-27 |
Genre | : Social Science |
ISBN | : 1483375196 |
Understanding and Improving Prisoner Reentry Outcomes "Mass imprisonment and mass prisoner reentry are two faces of the same coin. In a comprehensive and penetrating analysis, Daniel Mears and Joshua Cochran unravel the causes of this pressing problem, detail the challenges confronting released prisoners, and provide an evidence-based blueprint for successfully reintegrating offenders into the community. Scholarly yet accessible, this volume is essential reading—whether by academics or students—for anyone wishing to understand the chief policy issue facing American corrections." Francis T. Cullen Distinguished Research Professor, University of Cincinnati Prisoner Reentry is an engaging and comprehensive examination of prisoner reentry and how to improve public safety, well-being, and justice in the "era of mass incarceration." Renowned authors Daniel P. Mears and Joshua C. Cochran investigate historical trends in incarceration and punishment policy, the salience of in-prison and post-prison contexts and experiences for reentry, and the importance of understanding group differences in offending, punishment, and social context. Using extensive reliance on both theory and empirical research, the authors identify how reentry reflects criminal justice policy in America and, at the same time, has profound implications for crime prevention and justice. Readers will develop a diverse foundation for current policies, identify the implications of reentry for families, community, and society at large, and gain a conceptual and empirical toolkit for analyzing and improving the lives of those released from prison.
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 | : Meda Chesney-Lind |
Publisher | : The New Press |
Total Pages | : 370 |
Release | : 2011-05-10 |
Genre | : Law |
ISBN | : 1595587365 |
In a series of newly commissioned essays from the leading scholars and advocates in criminal justice, Invisible Punishment explores, for the first time, the far-reaching consequences of our current criminal justice policies. Adopted as part of “get tough on crime” attitudes that prevailed in the 1980s and '90s, a range of strategies, from “three strikes” and “a war on drugs,” to mandatory sentencing and prison privatization, have resulted in the mass incarceration of American citizens, and have had enormous effects not just on wrong-doers, but on their families and the communities they come from. This book looks at the consequences of these policies twenty years later.
Author | : Jonathan Jacobs |
Publisher | : Routledge |
Total Pages | : 419 |
Release | : 2016-07-01 |
Genre | : Philosophy |
ISBN | : 1134619456 |
The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. The Routledge Handbook of Criminal Justice Ethics brings together international scholars to explore the most significant ethical issues throughout their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The Handbook is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics.