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Author: Nigel Walker
Publisher: Rowman & Littlefield
Published: 1980
Total Pages: 232
ISBN-13: 9780389201298
DOWNLOAD EBOOK →To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Author: Walker
Publisher: Wiley-Blackwell
Published: 1982-05-01
Total Pages:
ISBN-13: 9780631130581
DOWNLOAD EBOOK →Author: Erin I. Kelly
Publisher: Harvard University Press
Published: 2018-11-12
Total Pages: 241
ISBN-13: 0674980778
DOWNLOAD EBOOK →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.
Author: Thom Brooks
Publisher: Routledge
Published: 2019-10-28
Total Pages: 571
ISBN-13: 1351900617
DOWNLOAD EBOOK →Shame punishment has existed for perhaps as long as people have been punished, and the issue has been revisited in recent years to help improve crime reduction efforts. In this collection, shame punishment is examined from various critical perspectives, including its relation with expressivism, the diversity of shame punishment used today, the link between shame punishment and restorative justice, the relationship between dignity and shame punishment, shame punishment and its use for sex offenders, and critics of shame punishment in its different incarnations. The selected essays are from leading experts and represent the most important contributions to scholarly research in the field.
Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
Published: 2012-10-12
Total Pages: 249
ISBN-13: 3642323871
DOWNLOAD EBOOK →Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Author: Gerben Bruinsma
Publisher: Routledge
Published: 2012-12-06
Total Pages: 329
ISBN-13: 1135998396
DOWNLOAD EBOOK →This book brings together an influential group of academics and researchers to review key areas of research, theory and methodology within criminology and criminal justice, and to identify the most important new challenges facing the discipline. The contributors focus on the three central themes of punishment and criminal justice, location and mobility, and perpetrators and criminal careers, on which much cutting edge research within criminology has been taking place. A particular strength of the book is its multidisciplinary and international approach, with contributors drawn from Europe, the UK and the United States.
Author: María José Falcón y Tella
Publisher: BRILL
Published: 2006-05-01
Total Pages: 288
ISBN-13: 9047418026
DOWNLOAD EBOOK →This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. Studies and works dedicated to punishment are scarce compared to those dedicated to Crime Theory or some aspect thereof. The book reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law. Moving from the most abstract and general to the most concrete and specific, various themes relating to the concept of punishment are distinguished. These themes are not exactly equivalent but are, nevertheless, often confused with one another. They are: Punishment; Punitive Practice; Sentence and Penalty. Of these the third – Sentence, which is almost the least generic concept dealt with, having to do with that area of law which basically constitutes Criminal Law – forms the central part of the work. In this section, via a dual structure, the distinction is made between punishments and deterrents, as the prime types of punitive practice, with a distinct historical tradition, diverse bases and functions, around which different sorts of theories and schools have developed. The book ends with a series of critical conclusions as to what, in the opinion of the authors, should be a correct conception of punishment.
Author: R. Adams
Publisher: Springer
Published: 1998-02-18
Total Pages: 270
ISBN-13: 0230389287
DOWNLOAD EBOOK →This book argues that abusive punishments are particularly deeply rooted in authoritarian states and in some Western countries such as Britain and the USA, from which they have been exported over past centuries. The book surveys a variety of psychological, physically constraining, custodial, corporal and capital punishments. The implicit punitive content of judicial processes such as trial, as well as treatments such as behavioural therapy, may have as much psychological impact as more explicitly physical punishments.
Author: Mirko Bageric
Publisher: Cavendish Publishing
Published: 2001-07
Total Pages: 329
ISBN-13: 1843142465
DOWNLOAD EBOOK →Sentencing is the most important area of law, yet ironically, it is also arguably the least coherent. This book suggests a way of introducing principle into sentencing by bridging the gap between the philosophical justification for punishment and sentencing law and practice.
Author: R. A. Duff
Publisher: Oxford University Press
Published: 2003-05-15
Total Pages: 272
ISBN-13: 0190290390
DOWNLOAD EBOOK →The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.
