A Theory of Legal Sentences

A Theory of Legal Sentences
Author: Manuel Atienza
Publisher: Springer Science & Business Media
Total Pages: 216
Release: 2012-12-06
Genre: Philosophy
ISBN: 9400708483

Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.

Sentencing

Sentencing
Author: Nigel Walker
Publisher: MICHIE
Total Pages: 510
Release: 1985
Genre: Punishment
ISBN: 9780406252630

Fundamentals of Sentencing Theory

Fundamentals of Sentencing Theory
Author: Andrew Ashworth
Publisher: Oxford Monographs on Criminal
Total Pages: 314
Release: 1998
Genre: Law
ISBN: 0198262566

The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.

Sentencing

Sentencing
Author: Nigel Walker
Publisher: Oxford University Press
Total Pages: 406
Release: 1996
Genre: Law
ISBN: 9780406063250

Examining the contrast between penological theory, the state of the law, and what actually happens in court and after sentence, this edition covers recent developments, including the Criminal Justice Act 1991, the Criminal Justice Act 1993, and the Crimina

Allowing for Exceptions

Allowing for Exceptions
Author: Luís Duarte d'Almeida
Publisher: Oxford University Press (UK)
Total Pages: 321
Release: 2015
Genre: Law
ISBN: 0199685789

Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.

A Theory of Legal Punishment

A Theory of Legal Punishment
Author: Matthew C. Altman
Publisher: Routledge
Total Pages: 211
Release: 2021-05-05
Genre: Law
ISBN: 1000379345

This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

Actions, Norms, Values

Actions, Norms, Values
Author: Georg Meggle
Publisher: Walter de Gruyter
Total Pages: 393
Release: 2011-04-20
Genre: Philosophy
ISBN: 3110802457

A Theory of Legal Punishment

A Theory of Legal Punishment
Author: Matthew Altman
Publisher: Routledge
Total Pages: 0
Release: 2023-01-09
Genre: Criminal law
ISBN: 9780367698164

This book argues for a mixed view of punishment that balances consequentialism and retributivism. It will be of interest to legal philosophers, social scientists, especially criminologists, sociologists, economists, and political scientists.