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Author | : A.W. Norrie |
Publisher | : Springer Science & Business Media |
Total Pages | : 239 |
Release | : 2012-12-06 |
Genre | : Philosophy |
ISBN | : 9400906994 |
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This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.
Author | : Alan W. NORRIE |
Publisher | : |
Total Pages | : 222 |
Release | : 1990 |
Genre | : |
ISBN | : |
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Author | : H. L. A. Hart |
Publisher | : OUP Oxford |
Total Pages | : 336 |
Release | : 2008-03-06 |
Genre | : Law |
ISBN | : 0191021776 |
Download Punishment and Responsibility Book in PDF, ePub and Kindle
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
Author | : Alan William Norrie |
Publisher | : |
Total Pages | : 0 |
Release | : 1990 |
Genre | : |
ISBN | : |
Download Law, Ideology and Punishment and Punishment Book in PDF, ePub and Kindle
Author | : Nicola Lacey |
Publisher | : Routledge |
Total Pages | : 237 |
Release | : 2012-10-12 |
Genre | : Philosophy |
ISBN | : 1134838018 |
Download State Punishment Book in PDF, ePub and Kindle
Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
Author | : Matthew C. Altman |
Publisher | : Routledge |
Total Pages | : 211 |
Release | : 2021-05-05 |
Genre | : Law |
ISBN | : 1000379345 |
Download A Theory of Legal Punishment Book in PDF, ePub and Kindle
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.
Author | : Gabriel de Tarde |
Publisher | : |
Total Pages | : 626 |
Release | : 1912 |
Genre | : Crime |
ISBN | : |
Download Penal Philosophy Book in PDF, ePub and Kindle
Author | : Igor Primoratz |
Publisher | : Prometheus Books |
Total Pages | : 210 |
Release | : 1997-11 |
Genre | : Law |
ISBN | : 159102983X |
Download Justifying Legal Punishment Book in PDF, ePub and Kindle
While the philosophy of punishment is dominated by utilitarian and "mixed" theories, this study, written in the analytic tradition but also drawing on the views of Hegel, argues for a purely retributive view: all the main questions facing a theory of punishment are answered in terms of justice and desert, without any concessions to social expediency.
Author | : Alan William Norrie |
Publisher | : |
Total Pages | : |
Release | : 1985 |
Genre | : Applied ethics |
ISBN | : |
Download Law, ideology and punishment Book in PDF, ePub and Kindle
Author | : Barbara Hudson |
Publisher | : |
Total Pages | : 200 |
Release | : 1996 |
Genre | : Criminal justice, Administration of |
ISBN | : |
Download Understanding Justice Book in PDF, ePub and Kindle
Understanding justice is one of a series of student textbooks designed to cover the major areas of debate within the fields of criminology, criminal justice and penology. It provides a comprehensive account of the ideas and controversies that have arisen within law, philosophy, sociology and criminology about the punishment of criminals.