The Capacity To Punish
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| Author | : Henry N. Pontell |
| Publisher | : Indiana University Press |
| Total Pages | : 160 |
| Release | : 1985-02-22 |
| Genre | : Law |
| ISBN | : 9780253203366 |
This book examines the relationship between crime, demographic characteristics, criminal justice resources, court processing and final sanctioning outcomes at the court level in the U.S. in the context of deterrence theory. It concludes that current criminal justice practices, especially the extremely low probability of certain and severe punishment, make the deterrent effect of punishment minimal under the current system of criminal justice. Court caseloads, influenced particularly be the degree of inequality in the population, appear to be pushing down the formal penalty structures, and hence the probability of sanction. The inability of courts to produce severe and certain sanctions is also linked to the overfunding of police relative to other criminal justice agencies, especially the office of the prosecutor. Putting more cops on the beat might actually lead to further erosion of the deterrent effect of punishment, as more violators are pushed through the 'revolving door' of the courts.
| Author | : Michel Foucault |
| Publisher | : Vintage |
| Total Pages | : 354 |
| Release | : 2012-04-18 |
| Genre | : Social Science |
| ISBN | : 0307819299 |
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
| 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 | : Linda D. Molm |
| Publisher | : Cambridge University Press |
| Total Pages | : 332 |
| Release | : 1997-01-28 |
| Genre | : Social Science |
| ISBN | : 0521562902 |
Coercive Power in Social Exchange describes the progression and results of a decade-long program of experimental research on power in social exchange relations. Exchange theorists have traditionally excluded punishment and coercion from the scope of their analyses; Molm examines whether exchange theory can be expanded to include both reward and coercive power. Working within the framework of Emerson's power-dependence theory, but also drawing on the decision theory concepts of strategic action and loss aversion, Molm develops and tests a theory of coercion in social exchange that emphasizes the interdependence of these two bases of power. Her work shows that reward power and coercive power are fundamentally different, not only in their effects on behavior but also in the structural incentive to use power and the risks of power use. When exchanges are nonnegotiated and secured by the "shadow of the future", rather than by binding agreements, dependence both encourages and constrains the use of coercion.
| Author | : Cesare Beccaria |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 274 |
| Release | : 2006 |
| Genre | : Criminal justice, Administration of |
| ISBN | : 1584776382 |
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
| Author | : Patricia Springborg |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2007-07-23 |
| Genre | : Philosophy |
| ISBN | : 1139827286 |
This Companion makes a new departure in Hobbes scholarship, addressing a philosopher whose impact was as great on Continental European theories of state and legal systems as it was at home. This volume is a systematic attempt to incorporate work from both the Anglophone and Continental traditions, bringing together newly commissioned work by scholars from ten different countries in a topic-by-topic sequence of essays that follows the structure of Leviathan, re-examining the relationship among Hobbes's physics, metaphysics, politics, psychology, and religion. Collectively they showcase important revisionist scholarship that re-examines both the context for Leviathan and its reception, demonstrating the degree to which Hobbes was indebted to the long tradition of European humanist thought. This Cambridge Companion shows that Hobbes's legacy was never lost and that he belongs to a tradition of reflection on political theory and governance that is still alive, both in Europe and in the diaspora.
| 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 | : Keally McBride |
| Publisher | : University of Michigan Press |
| Total Pages | : 212 |
| Release | : 2007-06-08 |
| Genre | : Law |
| ISBN | : 9780472069828 |
An incisive, eminently readable study of the evolving relationship between punishment and social order
| 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.
| Author | : David Scott |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 281 |
| Release | : 2017-02-23 |
| Genre | : Literary Criticism |
| ISBN | : 1628927704 |
Michel Foucault remains to this day a thinker who stands unchallenged as one of the most important of the 20th century. Among the characteristics that have made him influential is his insistent blurring of the border separating philosophy and literature and art, carried out on the basis of his confronting the problem of modernism, which he characterizes as a permanent task. To that end, even his most explicitly historical or strictly epistemological and methodological enquiries, which on their surface would seem not to have anything to do with literature, are full of allusions to modernist writers and artists like Mallarme, Baudelaire, Artaud, Klee, Borges, Broch-sometimes fleetingly, sometimes more extensively, as is the case with Foucault's life-long devotion to Bataille, Klossowski, Blanchot, and de Sade. Understanding Foucault, Understanding Modernism shows, on the one hand, that literature and the arts play a fundamental structural role in Foucault's works, while, on the other hand, it shifts to the foreground what it presumes to be motivating Foucault: the interrogation of the problem of modernism.
