Search results for: punishment-and-desert

Punishment and Desert

Author : J. Kleinig
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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.

Punishment and Desert

Author : John Kleinig
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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.

Punishment Sentencing

Author : Mirko Bageric
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First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Ignorance of Law

Author : Douglas N. Husak
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This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.

Punishment and Ethics

Author : J. Ryberg
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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.

Encyclopedia of Ethics P W

Author : Lawrence C. Becker
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A revised, expanded and updated edition with contributions by 325 renowned authorities in the field of ethics. All of the original articles have been newly peer-reviewed and revised, bibliographies have been updated throughout, and the overall design of the work has been enhanced for easier access to cross-references and other reference features.

The Handbook of Crime and Punishment

Author : Michael Tonry
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Crime is one of the most significant political issues in contemporary American society. Crime control statistics and punishment policies are subjects of constant partisan debate, while the media presents sensationalized stories of criminal activity and over-crowded prisons. In the highly politicized arena of crime and justice, empirical data and reasoned analysis are often overlook or ignored. The Handbook of Crime and Punishment, however, provides a comprehensive overview of criminal justice, criminology, and crime control policy, thus enabling a fundamental understanding of crime and punishment essential to an informed public. Expansive in its coverage, the Handbook presents materials on crime and punishment trends as well as timely policy issues. The latest research on the demography of crime (race, gender, drug use) is included and weighty current problems (organized crime, white collar crime, family violence, sex offenders, youth gangs, drug abuse policy) are examined. Processes and institutions that deal with accused and convicted criminals and techniques of punishment are also examined. While some articles emphasize American research findings and developments, others incorporate international research and offer a comparative perspective from other English-speaking countries and Western Europe. Editor Michael Tonry, a leading scholar of criminology, introduces the 28 articles in the volume, each contributed by an expert in the field. Designed for a wide audience, The Handbook is encyclopedic in its range and depth of content, yet is written in an accessible style. The most inclusive and authoritative work on the topic to be found in one volume, this book will appeal to those interested in the study of crime and its causes, effects, trends, and institutions; those interested in the forms and philosophies of punishment; and those interested in crime control.

Punishment Communication and Community

Author : R. A. Duff
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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.

Justice Crime and Ethics

Author : Michael Braswell
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Justice Crime and Ethics

Author : Michael C. Braswell
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Justice, Crime, and Ethics, a leading textbook in criminal justice programs, examines ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field. This tenth edition continues to deliver a broad scope of topics, focusing on law enforcement, legal practice, sentencing, corrections, research, crime control policy, and philosophical issues. The book’s robust coverage encompasses contentious issues such as capital punishment, prison corruption, and the use of deception in police interrogation. The tenth edition includes new material in a number of chapters including "Learning Police Ethics," "Using Ethical Dilemmas in Training Police," "Prison Corruption," "Crime and Justice Myths," "Corporate Misconduct and Ethics," "Ethics and Criminal Justice Research," and "Ethical Issues in Confronting Terrorism." The use of "Case Studies," "Ethical Dilemmas," and "Policy and Ethics" boxes continues throughout the textbook. A new feature for this edition is the inclusion of "International Perspective" boxes in a number of relevant chapters. Students of criminal justice, as well as instructors and professionals in the field, continue to rely on this thorough, dependable resource on ethical decision making in the criminal justice system.