Desert Retribution And Torture
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Author | : Stephen Kershnar |
Publisher | : University Press of America |
Total Pages | : 220 |
Release | : 2001 |
Genre | : Social Science |
ISBN | : 9780761821533 |
In general, there are two ways in which punishment is justified. Forward-looking justifications look to the good results that punishment brings about and that therefore occur after it. These results include the wrongdoer being deterred, incapacitated, or improved, as well as the deterrence of would-be wrongdoers, a decrease in costs associated with crime prevention, less fear in the community, and the promotion of hatred and disgust for actions that victimize others. In contrast, backward-looking justifications look to events that occurred before the punishment. On this approach, punishment is not justified via the good results that it brings about. The dominant backward-looking justification is retributivism. According to it, the wrongdoer in virtue of his past act deserves punishment and this desert justifies punishment. This book is an in-depth defense of retributivism. Since punitive desert lies at the heart of retributivism, it is important to provide an analysis of it. This is the focus of the first part of the book. I argue that punitive desert has to do with punishment being an intrinsically valuable event, where its value results from its standing in a certain relation to a person's having culpably performed a wrongdoing. I argue that this type of desert does not by itself contain moral duties to act in any way. In particular, it does not impose on someone the duty to punish a wrongdoer. This results in retributivism being more complex than the traditional accounts, since it must therefore involve duties that refer to but are not constituted by punitive desert. I also argue that punitive desert is independent of the wrongdoer's moral character and instead rests solely on a person's acts. Lastly, I argue that the value of punitive desert cannot be accounted for via more fundamental moral considerations. This results in punitive desert being a rather primitive moral notion in that it is not justified via more fundamental moral values. Like other intrinsically good things, e.g. friendship, and other intrinsically bad things, e.g. promise-breaking, punitive desert can be used to explain why certain states of affairs are both good and right.--Adapted from introduction.
Author | : Nora V. Demleitner |
Publisher | : |
Total Pages | : 858 |
Release | : 2004 |
Genre | : Law |
ISBN | : |
Four leading sentencing scholars have produced the first and only text with enough up-to-date material to support a full course or seminar on sentencing. Other texts offer only partial coverage or out-of-date examples. The chapters in Sentencing Law and Policy: Cases, Statutes, and Guidelines present examples from three distinct types of sentencing guideline-determinate, and capital. The materials draw on the full spectrum of legal institutions, from the U.S. Supreme Court To The state court level, with close consideration of the role of legislatures and sentencing commissions. The only current, full-course text on sentencing, this new title offers: an 'intuitive', conceptually-based organization that looks at the essential substantative components and procedural steps following the sequence of decisions that typically occurs in every criminal sentencing examples covering three distinct areas of sentencing, with chapter materials based on guideline-determinate, indeterminate, and capital sentencing materials from a range of institutions, including decision from the U.S. Supreme Court, state high courts, federal appellate courts, and some foreign jurisdictions - along with statutes and guideline provisions, and reports from various sentencing commissions and agencies in-text notes on sentencing policies that explain common practices in U.S. jurisdictions, then ask students to compare different institutional practices and consider the relationship between sentencing rules, politics, And The broader aims of criminal justice
Author | : Deirdre Golash |
Publisher | : NYU Press |
Total Pages | : 229 |
Release | : 2006-10 |
Genre | : Law |
ISBN | : 0814731848 |
Golash addresses the value of punishment in contemporary society.
Author | : J.G. Murphy |
Publisher | : Springer Science & Business Media |
Total Pages | : 280 |
Release | : 1979-07-31 |
Genre | : Law |
ISBN | : 9027709998 |
One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Author | : Evan Mandery |
Publisher | : Jones & Bartlett Publishers |
Total Pages | : 613 |
Release | : 2011-02-28 |
Genre | : Law |
ISBN | : 1449605982 |
This revised and updated second edition is an overview of capital punishment. It offers an examination of the death penalty, supported by statistics and Supreme Court cases, and followed by pro and con discussions. The book addresses every major issue relating to the death penalty including deterrence, racial impact, arbitrariness, its use on special populations, and methods of execution. This text challenges students to evaluate their beliefs and assumptions on each of the various issues surrounding this controversial subject. Each chapter begins with a primer of the issue to be discussed, followed by the data and critical documents necessary to make an educated assessment, and concludes with essays that offer differing viewpoints by some of the best minds in the country. New material added to the second edition includes: updated data on deterrence ; new data and articles on brutalization and cost ; new cases and articles on the death penalty for juveniles ; new case and articles on the death penalty for raping a child ; and a new chapter on methods of execution.
Author | : Bradley Jay Strawser |
Publisher | : Oxford University Press |
Total Pages | : 291 |
Release | : 2013-04-29 |
Genre | : Philosophy |
ISBN | : 0199926131 |
The increased military employment of remotely operated aerial vehicles, also known as drones, has raised a wide variety of important ethical questions, concerns, and challenges. Many of these have not yet received the serious scholarly examination such worries rightly demand. This volume attempts to fill that gap through sustained analysis of a wide range of specific moral issues that arise from this new form of killing by remote control. Many, for example, are troubled by the impact that killing through the mediated mechanisms of a drone half a world away has on the pilots who fly them. What happens to concepts such as bravery and courage when a war-fighter controlling a drone is never exposed to any physical danger? This dramatic shift in risk also creates conditions of extreme asymmetry between those who wage war and those they fight. What are the moral implications of such asymmetry on the military that employs such drones and the broader questions for war and a hope for peace in the world going forward? How does this technology impact the likely successes of counter-insurgency operations or humanitarian interventions? Does not such weaponry run the risk of making war too easy to wage and tempt policy makers into killing when other more difficult means should be undertaken? Killing By Remote Control directly engages all of these issues. Some essays discuss the just war tradition and explore whether the rise of drones necessitates a shift in the ways we think about the ethics of war in the broadest sense. Others scrutinize more specific uses of drones, such as their present use in what are known as "targeted killing" by the United States. The book similarly tackles the looming prospect of autonomous drones and the many serious moral misgivings such a future portends. "A path-breaking volume! BJ Strawser, an internationally known analyst of drone ethics, has assembled a broad spectrum of civilian and military experts to create the first book devoted to this hot-button issue. This important work represents vanguard thinking on weapon systems that make headlines nearly every day. It will catalyze debates policy-makers and military leaders must have in order to preserve peace and protect the innocent. - James Cook, Department Chair/Head of Philosophy, US Air Force Academy "The use of 'drones' (remotely piloted air vehicles) in war has grown exponentially in recent years. Clearly, this evolution presages an enormous explosion of robotic vehicles in war - in the air, on the ground, and on and under the sea. This collection of essays provides an invaluable contribution to what promises to be one of the most fundamental challenges to our assumptions about ethics and warfare in at least the last century. The authors in this anthology approach the ethical challenges posed by these rapidly advancing technologies from a wide range of perspectives. Cumulatively, they represent an essential overview of the fundamental ethical issues involved in their development. This collection makes a key contribution to an urgently needed dialogue about the moral questions involved." - Martin L. Cook, Adm. James B. Stockdale Professor of Professional Military Ethics, Professor Leadership & Ethics, College of Operational & Strategic Leadership, U.S. Naval War College
Author | : Stephen Kershnar |
Publisher | : State University of New York Press |
Total Pages | : 171 |
Release | : 2012-02-01 |
Genre | : Philosophy |
ISBN | : 0791485153 |
Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to those persons who, through their abilities, will benefit most from them. Second, he argues that, in the case of slavery, past injustice—where both the victims and perpetrators are long dead—cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person's existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed.
Author | : Margaret R. Holmgren |
Publisher | : Cambridge University Press |
Total Pages | : 311 |
Release | : 2012-03-12 |
Genre | : Philosophy |
ISBN | : 1107394422 |
Forgiveness and Retribution: Responding to Wrongdoing argues that ultimately, forgiveness is always the appropriate response to wrongdoing. In recent decades, many philosophers have claimed that unless certain conditions are met, we should resent those who have wronged us personally and that criminal offenders deserve to be punished. Conversely, Margaret Holmgren posits that we should forgive those who have ill-treated us, but only after working through a process of addressing the wrong. Holmgren then reflects on the kinds of laws and social practices a properly forgiving society would adopt.
Author | : J. Jeremy Wisnewski |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 185 |
Release | : 2008-12-18 |
Genre | : Philosophy |
ISBN | : 1443802913 |
This journal has been discontinued. Any issues are available to purchase separately.
Author | : Stephen Kershnar |
Publisher | : Springer |
Total Pages | : 195 |
Release | : 2018-03-29 |
Genre | : Philosophy |
ISBN | : 3319769502 |
This book argues that there is no morality and that people are not morally responsible for what they do. In particular, it argues that what people do is neither right nor wrong and that they are neither praiseworthy nor blameworthy for doing it. Morality and moral responsibility lie at the heart of how we view the world. In our daily life, we feel that people act rightly or wrongly, make the world better or worse, and are virtuous or vicious. These policies are central to our justifying how we see the world and treat others. In this book, the author argues that our views on these matters are false. He presents a series of arguments that threaten to undermine our theoretical and practical worldviews. The philosophical costs of denying moral responsibility and morality are enormous. It does violence to philosophical positions that many people took a lifetime to develop. Worse, it does violence to our everyday view of people. A host of concepts that we rely on daily (praiseworthy, blameworthy, desert, virtue, right, wrong, good, bad, etc.) fail to refer to any property in the world and are thus deeply mistaken. This book is of interest to philosophers, lawyers, and humanities professors as well as people interested in morality, law, religion, and public policy.