The Will To Punish
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Author | : Didier Fassin |
Publisher | : Oxford University Press |
Total Pages | : 209 |
Release | : 2018 |
Genre | : Law |
ISBN | : 019088858X |
Over the last few decades, most societies have become more repressive, their laws more relentless, their magistrates more inflexible, independently of the evolution of crime. In The Will to Punish, using an approach both genealogical and ethnographic, distinguished anthropologist Didier Fassin addresses the major issues raised by this punitive moment through an inquiry into the very foundations of punishment. What is punishment? Why punish? Who is punished? Through these three questions, he initiates a critical dialogue with moral philosophy and legal theory on the definition, the justification and the distribution of punishment. Discussing various historical and national contexts, mobilizing a ten-year research program on police, justice and prison, and taking up the legacy of Friedrich Nietzsche and Michel Foucault, he shows that the link between crime and punishment is an historical artifact, that the response to crime has not always been the infliction of pain, that punishment does not only proceed from rational logics used to legitimize it, that more severity in sentencing often means increasing social inequality before the law, and that the question, "What should be punished?" always comes down to the questions "Whom do we deem punishable?" and "Whom do we want to be spared?" Going against a triumphant penal populism, this investigation proposes a salutary revision of the presuppositions that nourish the passion for punishing and invites to rethink the place of punishment in the contemporary world. The theses developed in the volume are discussed by criminologist David Garland, historian Rebecca McLennan, and sociologist Bruce Western, to whom Didier Fassin responds in a short essay.
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 | : Michael H. Tonry |
Publisher | : |
Total Pages | : 452 |
Release | : 2011 |
Genre | : Social Science |
ISBN | : 019532885X |
Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.
Author | : Magnus Hörnqvist |
Publisher | : Routledge |
Total Pages | : 281 |
Release | : 2021-03-18 |
Genre | : Social Science |
ISBN | : 0429589611 |
Based on a reading of contemporary philosophical arguments, this book accounts for how punishment has provided audiences with pleasure in different historical contexts. Watching tragedies, contemplating hell, attending executions, or imagining prisons have generated pleasure, according to contemporary observers, in ancient Greece, in medieval Catholic Europe, in the early-modern absolutist states, and in the post-1968 Western world. The pleasure was often judged morally problematic, and raised questions about which desires were satisfied, and what the enjoyment was like. This book offers a research synthesis that ties together existing work on the pleasure of punishment. It considers how the shared joys of punishment gradually disappeared from the public view at a precise historic conjuncture, and explores whether arguments about the carnivalesque character of cruelty can provide support for the continued existence of penal pleasure. Towards the end of this book, the reader will discover, if willing to go along and follow desire to places which are full of pain and suffering, that deeply entwined with the desire for punishment, there is also the desire for social justice. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, philosophy and all those interested in the pleasures of punishment.
Author | : Austin Sarat |
Publisher | : NYU Press |
Total Pages | : 316 |
Release | : 2015-06-05 |
Genre | : Law |
ISBN | : 1479833525 |
Resource added for the Criminal Justice – Law Enforcement 105046 and Professional Studies 105045 programs.
Author | : Geoffroy de Lagasnerie |
Publisher | : Stanford University Press |
Total Pages | : 215 |
Release | : 2018-05-22 |
Genre | : Philosophy |
ISBN | : 1503605795 |
What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.
Author | : Robert Blecker |
Publisher | : Macmillan + ORM |
Total Pages | : 341 |
Release | : 2013-11-19 |
Genre | : Social Science |
ISBN | : 1137381337 |
For twelve years Robert Blecker, a criminal law professor, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder. The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, the history and philosophy professor exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often live the best lives. The Death of Punishment challenges the reader to refine deeply held beliefs on life and death as punishment that flare up with every news story of a heinous crime. It argues that society must redesign life and death in prison to make the punishment more nearly fit the crime. It closes with the final irony: If we make prison the punishment it should be, we may well abolish the very death penalty justice now requires.
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 | : Christine Horne |
Publisher | : Stanford University Press |
Total Pages | : 247 |
Release | : 2009-05-08 |
Genre | : Social Science |
ISBN | : 0804771227 |
The Rewards of Punishment describes a new social theory of norms to provide a compelling explanation why people punish. Identifying mechanisms that link interdependence with norm enforcement, it reveals how social relationships lead individuals to enforce norms, even when doing so makes little sense. This groundbreaking book tells the whole story, from ideas, to experiments, to real-world applications. In addition to addressing longstanding theoretical puzzles—such as why harmful behavior is not always punished, why individuals enforce norms in ways that actually hurt the group, why people enforce norms that benefit others rather than themselves, why groups punish behavior that has only trivial effects, and why atypical behaviors are sometimes punished and sometimes not—it explores the implications of the theory for substantive issues, including norms regulating sex, crime, and international human rights.