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Punishment and Responsibility

Author: H. L. A. Hart

Publisher: OUP Oxford

Published: 2008-03-06

Total Pages: 336

ISBN-13: 0191021776

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.

The Limits of Blame

Author: Erin I. Kelly

Publisher: Harvard University Press

Published: 2018-11-12

Total Pages: 241

ISBN-13: 0674980778

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Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.

Crime, Punishment, and Responsibility

Author: Rowan Cruft

Publisher: Oxford University Press

Published: 2011-07-14

Total Pages: 408

ISBN-13: 0191621641

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For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

Responsibility, Character, and the Emotions

Author: Ferdinand David Schoeman

Publisher: Cambridge University Press

Published: 1987

Total Pages: 370

ISBN-13: 9780521339513

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An examination of the responsibility individuals have for their actions and characters.

Rejecting Retributivism

Author: Gregg D. Caruso

Publisher: Cambridge University Press

Published: 2021-04-29

Total Pages: 401

ISBN-13: 1108484700

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Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.

The Immorality of Punishment

Author: Michael J. Zimmerman

Publisher: Broadview Press

Published: 2011-04-20

Total Pages: 197

ISBN-13: 1554810558

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In The Immorality of Punishment Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into practice alternative means of preventing crime and promoting social stability.

State Punishment

Author: Nicola Lacey

Publisher: Routledge

Published: 2012-10-12

Total Pages: 237

ISBN-13: 1134838018

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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.

Responsibility and Punishment

Author: J. Angelo Corlett

Publisher: Springer Science & Business Media

Published: 2004

Total Pages: 234

ISBN-13: 9781402018565

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Corlett (philosophy, San Diego State U.) considers theories of responsibility and punishment and presents a defense of retributivism. He contends that most anti-retributivist arguments refute a version of retributivism that is so extreme that not even Kant would subscribe to it or that such objections count equally against every positive theory of punishment. Coverage extends to an examination of the idea of reparations to Native Americans for crimes committed against them by the U.S. government.

The Rationale of Punishment

Author: Jeremy Bentham

Publisher: Wentworth Press

Published: 1830

Total Pages: 466

ISBN-13:

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Punishment and Desert

Author: J. Kleinig

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 170

ISBN-13: 9401020272

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Superficial acquaintance with the literature on punishment leaves a fairly definite impression. There are two approaches to punishment - retributive and utilitarian - and while some attempts may be made to reconcile them, it is the former rather than the latter which requires the reconciliation. Taken by itself the retributive approach is primitive and unenlightened, falling short of the rational civilized humanitarian values which we have now acquired. Certainly this is the dominant impression left by 'popular' discussions of the SUbject. And retributive vs. utilitarian seems to be the mould in which most philosophical dis cussions are cast. The issues are far more complex than this. Punishment may be con sidered in a great variety of contexts - legal, educational, parental, theological, informal, etc. - and in each of these contexts several im portant moral questions arise. Approaches which see only a simple choice between retributivism and utilitarianism tend to obscure this variety and plurality. But even more seriously, the distinction between retributivism and utilitarianism is far from clear. That it reflects the traditional distinction between deontological and teleological ap proaches to ethics serves to transfer rather than to resolve the un clarity. Usually it is said that retributive approaches seek to justify acts by reference to features which are intrinsic to them, whereas utilitarian approaches appeal to the consequences of such acts. This, however, makes assumptions about the individuation of acts which are difficult to justify.