Punishment and Ethics

Punishment and Ethics PDF Author: J. Ryberg
Publisher: Springer
ISBN: 0230290620
Category : Philosophy
Languages : en
Pages : 199

Book Description
A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.

Moral Pluralism and the Complexity of Punishment

Moral Pluralism and the Complexity of Punishment PDF Author: Nicolas Nayfeld
Publisher: Taylor & Francis
ISBN: 1000876306
Category : Law
Languages : en
Pages : 223

Book Description
This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart’s key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart’s philosophy, the philosophy of law and criminal law.

Punishment and Political Order

Punishment and Political Order PDF Author: Keally McBride
Publisher: University of Michigan Press
ISBN: 0472901133
Category : Law
Languages : en
Pages : 205

Book Description
Most of us think of punishment as an ugly display of power. But punishment also tells us something about the ideals and aspirations of a people and their government. How a state punishes reveals whether or not it is confident in its own legitimacy and sovereignty. Punishment and Political Order examines the questions raised by the state’s exercise of punitive power—from what it is about human psychology that desires sanction and order to how the state can administer pain while calling for justice. Keally McBride's book demonstrates punishment's place at the core of political administration and the stated ideals of the polity. "From start to finish this is a terrific, engaging book. McBride offers a fascinating perspective on punishment, calling attention to its utility in understanding political regimes and their ideals. She succeeds in reminding us of the centrality of punishment in political theory and, at the same time, in providing a framework for understanding contemporary events. I know of no other book that does as much to make the subject of punishment so compelling." —Austin Sarat, Amherst College "Punishment and Political Order will be welcome reading for anyone interested in understanding law in society, punishment and political spectacle, or governing through crime control. This is a clear, accessible, and persuasive examination of punishment—as rhetoric and reality. Arguing that punishment is a complex product of the social contract, this book demonstrates the ways in which understanding the symbolic power and violence of the law provides analytical tools for examining the ideological function of prison labor today, as well as the crosscutting and contingent connections between language and identity, legitimation and violence, sovereignty and agency more generally." —Bill Lyons, Director, Center for Conflict Management, University of Akron "Philosophical explorations of punishment have often stopped with a theory of responsibility. McBride's book moves well beyond this. It shows that the problem of punishment is a central issue for any coherent theory of the state, and thus that punishment is at the heart of political theory. This is a stunning achievement." —Malcolm M. Feeley, University of California at Berkeley Keally McBride is Assistant Professor of Politics at the University of San Francisco.

Punishment and Retribution

Punishment and Retribution PDF Author: Leo Zaibert
Publisher: Ashgate Publishing, Ltd.
ISBN: 0754623890
Category : Law
Languages : en
Pages : 238

Book Description
Punishment is a phenomenon which occurs in many contexts. Discussions of punishment assume punishment is criminal punishment carried out by the State. This book contains an account of punishment which overcomes the difficulties of competing accounts and treats punishment comprehensibly to better understand how it differs from similar phenomena, discussing its justification fruitfully.

The Will to Punish

The Will to Punish PDF Author: Didier Fassin
Publisher: Oxford University Press
ISBN: 0190888598
Category : Philosophy
Languages : en
Pages : 209

Book Description
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.

Punish and Critique

Punish and Critique PDF Author: Adrian Howe
Publisher: Routledge
ISBN: 1134941323
Category : Social Science
Languages : en
Pages : 228

Book Description
Acknowledgements Introduction 1. Political economies of punishment 2. 'New histories of punishment regimes 3. The Foucault Effect: from penology to penality 4. Feminist analytical approaches to women's imprisonment 5. Postmodern feminism and the question of penalty 6. Towards a postmodern penal politic? Bibliography
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