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Responsibility and Punishment

Author :
Publisher : Springer Science & Business Media
Release Date :
ISBN : 1402041489
Pages : 252 pages
Rating : 4.2/5 (42 Download)

Download PDF or read online Responsibility and Punishment Book by J. Angelo Corlett and published by Springer Science & Business Media. This book was released on 2006-07-10 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : A provocative and lucid defense of retributivism against several long-standing criticisms. The author explores the matter of reparations for past wrongs in the case of crimes committed against Native Americans by the United States Government. Unequaled in its depth and scope of discussion the book delves deeply into particular concerns with retributivism, responsibility, and certain areas of compensation.

Download On Guilt, Responsibility, and Punishment PDF

On Guilt, Responsibility, and Punishment

Author :
Publisher : Univ of California Press
Release Date :
ISBN : 9780520027176
Pages : 204 pages
Rating : 4.7/5 (27 Download)

Download PDF or read online On Guilt, Responsibility, and Punishment Book by Alf Ross and published by Univ of California Press. This book was released on 1975-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.

Download Punishment and Responsibility PDF

Punishment and Responsibility

Author :
Publisher : OUP Oxford
Release Date :
ISBN : 0191021776
Pages : 336 pages
Rating : 4.1/5 (191 Download)

Download PDF or read online Punishment and Responsibility Book by H. L. A. Hart and published by OUP Oxford. This book was released on 2008-03-06 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : 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.

Download Punishment, Responsibility, and Justice PDF

Punishment, Responsibility, and Justice

Author :
Publisher : Oxford University Press on Demand
Release Date :
ISBN : 9780198259565
Pages : 242 pages
Rating : 4.9/5 (259 Download)

Download PDF or read online Punishment, Responsibility, and Justice Book by Alan William Norrie and published by Oxford University Press on Demand. This book was released on 2000 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : Punishment, Responsibility and Justice builds on Alan Norrie's previous work in the philosophy of punishment and criminal law to develop a challenging and ground-breaking critique of Kantian justice thinking. It casts a bold new light on recent debates about punishment and the criminal law ina period when traditional thinking has undergone opposition, crisis and change. The retributive and 'orthodox subjectivist' approaches, which have driven the textbook tradition and law reform for forty years, have been doubly challenged. A 'revisionist' critique opposes their Kantian insistence onformal individual autonomy from both a communitarian position on punishment and a 'morally substantive' view of responsibility. A 'postmodern' critique opposes orthodoxy for its failure to see how the Kantian subject is constructed in relations of power and domination. Against both orthodox subjectivist and revisionist views, Norrie develops a relational or dialectical critique to argue that they in fact both work in the same Kantian problematic. He establishes the concept of a 'blaming relation' as the basis for a critique of both, and to challenge the standardanalytical account of criminal justice thinking. Moving from the legal theory of Ashworth, Duff, Fletcher, Moore, Smith and Williams to the jurisprudence of the courts, Norrie analyses the seemingly irresolvable problems of punishment, responsibility and justice in the criminal law from arelational point of view. Against the postmodern approach, he argues for the need to retain what remains of moral value in Kantianism by seeking 'a non-Kantian answer to the Kantian question' of individual justice. The result is a relational critique of punishment, responsibility and justice, which recognises the ambiguityand ambivalence that accompany judgment of wrongdoing, and which asserts both the real moral value and the fundamental limits of Kantian justice thinking.

Download Responsibility and Punishment PDF

Responsibility and Punishment

Author :
Publisher : Springer Science & Business Media
Release Date :
ISBN : 9781402018565
Pages : 234 pages
Rating : 4.8/5 (18 Download)

Download PDF or read online Responsibility and Punishment Book by J. Angelo Corlett and published by Springer Science & Business Media. This book was released on 2004 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : 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.

Download The Limits of Blame PDF

The Limits of Blame

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Publisher : Harvard University Press
Release Date :
ISBN : 0674980778
Pages : 241 pages
Rating : 4.4/5 (674 Download)

Download PDF or read online The Limits of Blame Book by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : 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.

Download Freedom, Responsibility and Punishment PDF

Freedom, Responsibility and Punishment

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Publisher :
Release Date :
ISBN :
Pages : 32 pages
Rating : 4.I/5 ( Download)

Download PDF or read online Freedom, Responsibility and Punishment Book by James Hervey Hyslop and published by . This book was released on 1894 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis :

Download Punishment and the Elimination of Responsibility PDF

Punishment and the Elimination of Responsibility

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Publisher :
Release Date :
ISBN :
Pages : 36 pages
Rating : 4.1/5 (31 Download)

Download PDF or read online Punishment and the Elimination of Responsibility Book by Herbert Lionel Adolphus Hart and published by . This book was released on 1962 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis :

Download Hart on Responsibility PDF

Hart on Responsibility

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Publisher : Springer
Release Date :
ISBN : 1137374438
Pages : 215 pages
Rating : 4.7/5 (137 Download)

Download PDF or read online Hart on Responsibility Book by C. Pulman and published by Springer. This book was released on 2014-11-18 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : A collection of essays discussing Herbert Hart's writings on responsibility. The essays focus upon Hart's work on causation in the law and on the justification of punishment. Specific topics discussed include senses of 'responsibility', voluntariness, Mill's harm principle, mens rea, excuses, the Hart-Wootton debate, and negligence.

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Responsibility and Punishment

Author :
Publisher : Springer Verlag
Release Date :
ISBN :
Pages : 272 pages
Rating : 4.0/5 (3 Download)

Download PDF or read online Responsibility and Punishment Book by J. Angelo Corlett and published by Springer Verlag. This book was released on 2006-03-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : A provocative and lucid defense of retributivism against several long-standing criticisms. The author explores the matter of reparations for past wrongs in the case of crimes committed against Native Americans by the United States Government. Unequaled in its depth and scope of discussion the book delves deeply into particular concerns with retributivism, responsibility, and certain areas of compensation.

Download In Search of Criminal Responsibility PDF

In Search of Criminal Responsibility

Author :
Publisher : Oxford University Press
Release Date :
ISBN : 0199248206
Pages : 257 pages
Rating : 4.9/5 (199 Download)

Download PDF or read online In Search of Criminal Responsibility Book by Nicola Lacey and published by Oxford University Press. This book was released on 2016 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.

Download Punishment and Responsibility PDF

Punishment and Responsibility

Author :
Publisher : Oxford University Press
Release Date :
ISBN : 0191560057
Pages : pages
Rating : 4.1/5 (191 Download)

Download PDF or read online Punishment and Responsibility Book by H. L. A. Hart and published by Oxford University Press. This book was released on 2008-03-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : 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.

Download The Injustice of Punishment PDF

The Injustice of Punishment

Author :
Publisher : Routledge
Release Date :
ISBN : 1351378244
Pages : 252 pages
Rating : 4.1/5 (351 Download)

Download PDF or read online The Injustice of Punishment Book by Bruce N. Waller and published by Routledge. This book was released on 2017-10-19 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : The Injustice of Punishment emphasizes that we can never make sense of moral responsibility while also acknowledging that punishment is sometimes unavoidable. Recognizing both the injustice and the necessity of punishment is painful but also beneficial. It motivates us to find effective means of minimizing both the use and severity of punishment, and encourages deeper inquiry into the causes of destructive behavior and how to change those causes in order to reduce the need for punishment. There is an emerging alternative to the comfortable but destructive system of moral responsibility and just deserts. That alternative is not the creation of philosophers but of sociologists, criminologists, psychologists, and workplace engineers; it was developed, tested, and employed in factories, prisons, hospitals, and other settings; and it is writ large in the practices of cultures that minimize belief in individual moral responsibility. The alternative marks a promising path to less punishment, less coercive control, deeper common commitment, and more genuine freedom.

Download Crime, Punishment, and Responsibility PDF

Crime, Punishment, and Responsibility

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Publisher : Oxford University Press
Release Date :
ISBN : 0191621641
Pages : 408 pages
Rating : 4.1/5 (191 Download)

Download PDF or read online Crime, Punishment, and Responsibility Book by Rowan Cruft and published by Oxford University Press. This book was released on 2011-07-14 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : 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.

Download Punishment and Personal Responsibility PDF

Punishment and Personal Responsibility

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Publisher :
Release Date :
ISBN :
Pages : 376 pages
Rating : 4.0/5 (39 Download)

Download PDF or read online Punishment and Personal Responsibility Book by Göran Duus-Otterström and published by . This book was released on 2007 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis :

Download Responsibility and Justice PDF

Responsibility and Justice

Author :
Publisher : John Wiley & Sons
Release Date :
ISBN : 0745655866
Pages : 176 pages
Rating : 4.5/5 (745 Download)

Download PDF or read online Responsibility and Justice Book by Matt Matravers and published by John Wiley & Sons. This book was released on 2013-04-24 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis : In this lively and accessible book, Matt Matravers considers the role of responsibility in politics, morality and the law. In recent years, responsibility has taken a central place in our lives. In politics, both Tony Blair and George W. Bush have claimed that individual responsibility is at the centre of their policy agendas. In morality and the law, it seems just that people should be rewarded or punished only for things for which they are responsible. Yet responsibility is a hotly contested concept. Some philosophers claim that it is impossible, while others insist on both its possibility and importance. This debate has become increasingly technical in the philosophical literature, but it is seldom connected to our practices of politics and the law. Matravers asks, What are we doing when we hold people responsible in deciding questions of distributive justice or of punishment?. By addressing this question, he not only shows how philosophy can help in thinking about current political and legal controversies, but also how we can keep hold of the idea of responsibility in an age in which we are increasingly impressed by the roles of genetics and environment in shaping us and our characters.

Download Utilitarianism, Responsibility, and Punishment PDF

Utilitarianism, Responsibility, and Punishment

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Publisher :
Release Date :
ISBN :
Pages : 232 pages
Rating : 4.0/5 (39 Download)

Download PDF or read online Utilitarianism, Responsibility, and Punishment Book by Ingrid Petersson and published by . This book was released on 1976 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt/synopsis :