The Practice Of Punishment
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| Author | : Mark Tunick |
| Publisher | : Univ of California Press |
| Total Pages | : 273 |
| Release | : 2023-12-22 |
| Genre | : Social Science |
| ISBN | : 0520912314 |
What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment. Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle. Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.
| 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.
| Author | : James Samuel Logan |
| Publisher | : Wm. B. Eerdmans Publishing |
| Total Pages | : 272 |
| Release | : 2008-01-02 |
| Genre | : Religion |
| ISBN | : 0802863248 |
The author critiques the American obsession with imprisonment as punishment, calling it "retributive degradation" of the incarcerated. His analysis draws on both salient empirical data and material from a variety of disciplines - social history, anthropology, law and penal theory, philosophy of religion - as he uncovers the devastating social consequences (both direct and collateral) of imprisonment on such a large, unprecedented scale. The book develops a Christian social ethics of "good punishment" embodied as a politics of "healing memories" and "ontological intimacy"
| 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 | : 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 | : Michelle Brown |
| Publisher | : NYU Press |
| Total Pages | : 260 |
| Release | : 2009-10-15 |
| Genre | : Social Science |
| ISBN | : 081479145X |
America is the most punitive nation in the world, incarcerating more than 2.3 million people—or one in 136 of its residents. Against the backdrop of this unprecedented mass imprisonment, punishment permeates everyday life, carrying with it complex cultural meanings. In The Culture of Punishment, Michelle Brown goes beyond prison gates and into the routine and popular engagements of everyday life, showing that those of us most distanced from the practice of punishment tend to be particularly harsh in our judgments. The Culture of Punishment takes readers on a tour of the sites where culture and punishment meet—television shows, movies, prison tourism, and post 9/11 new war prisons—demonstrating that because incarceration affects people along distinct race and class lines, it is only a privileged group of citizens who are removed from the experience of incarceration. These penal spectators, who often sanction the infliction of pain from a distance, risk overlooking the reasons for democratic oversight of the project of punishment and, more broadly, justifications for the prohibition of pain.
| Author | : Wesley Cragg |
| Publisher | : Routledge |
| Total Pages | : 419 |
| Release | : 2003-09-02 |
| Genre | : Philosophy |
| ISBN | : 1134965893 |
This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.
| 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 | : Pieter Spierenburg |
| Publisher | : Amsterdam University Press |
| Total Pages | : 363 |
| Release | : 2007-01-01 |
| Genre | : History |
| ISBN | : 9053569898 |
Though the prison is central to the penal system of most modern nations, many believe that imprisonment did not become a major judicial sanction until the nineteenth century. In this readable history, Pieter Spierenburg traces the evolution of the prison during the early modern period and illustrates the important role it has played as both disciplinary institution and penal option from the late sixteenth century onward. Placing particular emphasis on the prisons of the Netherlands, Germany, and France, The Prison Experience examines not only the long-term nature of prisons and the historical conceptions of their prisoners but also looks at the daily lives of inmates—supplementing our understanding of social change and day-to-day life in early modern Europe.
| 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.
