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| Author | : Victor Tadros |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 385 |
| Release | : 2011-09-15 |
| Genre | : Law |
| ISBN | : 0199554420 |
Download The Ends of Harm Book in PDF, ePub and Kindle
How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.
| Author | : Victor Tadros |
| Publisher | : OUP Oxford |
| Total Pages | : 384 |
| Release | : 2011-09-15 |
| Genre | : Law |
| ISBN | : 0191018414 |
Download The Ends of Harm Book in PDF, ePub and Kindle
Every modern democratic state imprisons thousands of offenders every year, depriving them of their liberty, causing them a great deal of psychological and sometimes physical harm. Relationships are destroyed, jobs are lost, the risk of the offender being harmed by other offenders is increased and all at great expense to the state. How can this brutal and costly enterprise be justified? Traditionally, philosophers answering this question have argued either that the punishment of wrongdoers is a good in itself (retributivism), or that it is a regrettable means to a valuable end, such as the deterrence of future wrongdoing, and thus justifiable on consequentialist grounds. This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'. On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing. The most important duties that ground the justification of punishment are the duty to recognize that the offender has done wrong and the duty to protect others against wrongdoing. In the light of these duties the state has a permission to punish offenders to ensure that they recognize that what they have done is wrong, but also to protect others from crime. In contrast to other justifications of punishment grounded in deterrence, the duty view is developed in the light of a non-consequentialist moral theory: a theory which endorses constraints on the pursuit of the good. It is shown that it is normally wrong to harm a person as a means to pursue a greater good. However, there are exceptions to this principle in cases where the person harmed has an enforceable duty to pursue the good. The implications of this idea are explored both in the context of self-defence, and then in the context of punishment. Through the systematic exploration of the relationship between self-defence and punishment, the book makes significant progress in defending a plausible set of non-consequentialist moral principles that justify the punishment of wrongdoers, and marks a significant contribution to the philosophical literature on punishment.
| Author | : Fiona Woollard |
| Publisher | : OUP Oxford |
| Total Pages | : 257 |
| Release | : 2015-01-08 |
| Genre | : Philosophy |
| ISBN | : 0191506559 |
Download Doing and Allowing Harm Book in PDF, ePub and Kindle
Doing harm seems much harder to justify than merely allowing harm. If a boulder is rushing towards Bob, you may refuse to save Bob's life by driving your car into the path of the boulder if doing so would cost you your own life. You may not push the boulder towards Bob to save your own life. This principle—the Doctrine of Doing and Allowing—requires defence. Does the distinction between doing and allowing fall apart under scrutiny? When lives are at stake, how can it matter whether harm is done or allowed? Drawing on detailed analysis of the distinction between doing and allowing, Fiona Woollard argues that the Doctrine of Doing and Allowing is best understood as a principle that protects us from harmful imposition. Such protection against imposition is necessary for morality to recognize anything as genuinely belonging to a person, even that person's own body. As morality must recognize each person's body as belonging to her, the Doctrine of Doing and Allowing should be accepted. Woollard defends a moderate account of our obligations to aid, tackling arguments by Peter Singer and Peter Unger that we must give most of our money away and arguments from Robert Nozick that obligations to aid are incompatible with self-ownership.
| Author | : Margaret Atwood |
| Publisher | : Simon and Schuster |
| Total Pages | : 278 |
| Release | : 2012-03-27 |
| Genre | : Fiction |
| ISBN | : 1451686854 |
Download Bodily Harm Book in PDF, ePub and Kindle
From the author of the New York Times bestselling novels The Handmaid’s Tale—now an Emmy Award-winning Hulu original series—and Alias Grace, now a Netflix original series. A powerfully and brilliantly crafted novel, Bodily Harm is the story of Rennie Wilford, a young journalist whose life has begun to shatter around the edges. Rennie flies to the Caribbean to recuperate, and on the tiny island of St. Antoine she is confronted by a world where her rules for survival no longer apply. By turns comic, satiric, relentless, and terrifying, Margaret Atwood's Bodily Harm is ultimately an exploration of the lust for power, both sexual and political, and the need for compassion that goes beyond what we ordinarily mean by love.
| Author | : R. A. Duff |
| Publisher | : OUP Oxford |
| Total Pages | : 250 |
| Release | : 2013-01-31 |
| Genre | : Law |
| ISBN | : 0191655279 |
Download The Constitution of the Criminal Law Book in PDF, ePub and Kindle
The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
| Author | : Zoe Weil |
| Publisher | : Simon and Schuster |
| Total Pages | : 192 |
| Release | : 2009-01-06 |
| Genre | : Body, Mind & Spirit |
| ISBN | : 9781416959298 |
Download Most Good, Least Harm Book in PDF, ePub and Kindle
With a world steeped in materialism, environmental destruction, and injustice, what can one individual possibly do to change it? While the present obstacles we face may seem overwhelming, author and humane educator Zoe Weil shows us that change doesn't have to start with an army. It starts with you. Through her straightforward approaches to living a MOGO, or "most good," life, she reveals that the true path to inner peace doesn't require a retreat from the world. Rather, she gives the reader powerful and practicable tools to face these global issues, and improve both our planet and our personal lives. Weil explores direct ways to become involved with the community, make better choices as consumers, and develop positive messages to live by, showing readers that their simple decisions really can change the world. Inspiring and remarkably inclusive of the interconnected challenges we face today, Most Good, Least Harm is the next step beyond "green" -- a radical new way to empower the individual and motivate positive change.
| Author | : Victor Tadros |
| Publisher | : Oxford University Press |
| Total Pages | : 369 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0199571376 |
Download Wrongs and Crimes Book in PDF, ePub and Kindle
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
| Author | : Floris Tomasini |
| Publisher | : Springer |
| Total Pages | : 103 |
| Release | : 2017-08-01 |
| Genre | : History |
| ISBN | : 1137538287 |
Download Remembering and Disremembering the Dead Book in PDF, ePub and Kindle
This book is open access under a CC BY 4.0 licence. This book is a multidisciplinary work that investigates the notion of posthumous harm over time. The question what is and when is death, affects how we understand the possibility of posthumous harm and redemption. Whilst it is impossible to hurt the dead, it is possible to harm the wishes, beliefs and memories of persons that once lived. In this way, this book highlights the vulnerability of the dead, and makes connections to a historical oeuvre, to add critical value to similar concepts in history that are overlooked by most philosophers. There is a long historical view of case studies that illustrate the conceptual character of posthumous punishment; that is, dissection and gibbetting of the criminal corpse after the Murder Act (1752), and those shot at dawn during the First World War. A long historical view is also taken of posthumous harm; that is, body-snatching in the late Georgian period, and organ-snatching at Alder Hey in the 1990s.
| Author | : Karen Conterio |
| Publisher | : Hyperion Books |
| Total Pages | : 346 |
| Release | : 1998-10-28 |
| Genre | : Health & Fitness |
| ISBN | : |
Download Bodily Harm Book in PDF, ePub and Kindle
Written by the directors of S.A.F.E. Alternatives, a self-injury treatment program, "Bodily Harm" is an authoritative examination of this alarming syndrome, offering a comprehensive treatment regimen.
| Author | : Michael J. Saks |
| Publisher | : Oxford University Press |
| Total Pages | : 353 |
| Release | : 2021-01-04 |
| Genre | : Medical |
| ISBN | : 0190668008 |
Download Closing Death's Door Book in PDF, ePub and Kindle
After heart disease and cancer, the third leading cause of death in the United States is iatrogenic injury (avoidable injury or infection caused by a healer). Research suggests that avoidable errors claim several hundred thousand lives every year. The principal economic counterforce to such errors, malpractice litigation, has never been a particularly effective deterrent for a host of reasons, with fewer than 3% of negligently injured patients (or their families) receiving any compensation from a doctor or hospital's insurer. Closing Death's Door brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury, when neither the healthcare industry itself nor the legal system has made a substantial dent in the problem. Beginning with an unflinching introduction to the problem of patient safety, the authors go on to define iatrogenic injury and its scope, shedding light on the culture and structure of a healthcare industry that has failed to effectively address the problem-and indeed that has influenced legislation to weaken existing legal protections and impede the adoption of potentially promising reforms. Examining the weak points in existing systems with an eye to using law to more effectively bring about improvement, the authors conclude by offering a set of ideas intended to start a conversation that will lead to new legal policies that lower the risk of harm to patients. Closing Death's Door is brought to vivid life by the stories of individuals and groups that have played leading roles in the nation's struggle with iatrogenic injury, and is essential reading for medical and legal professionals, as well as lawmakers and laypeople with an interest in healthcare policy.
