Download or read book Liberal Criminal Theory written by A P Simester and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.

Download or read book Criminalizing Sex written by Stuart P. Green and published by Oxford University Press, USA. This book was released on 2020 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of the criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--

Download or read book Liberal Criminal Theory written by A P Simester and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.

Download or read book The First Civil Right written by Naomi Murakawa and published by Oxford University Press. This book was released on 2014 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ignored. Many believe that this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people. In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after. Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more. Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their first civil right - physical safety - eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom. The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America." -- Publisher's description.

Download or read book Conservative Criminology written by John Wright and published by Routledge. This book was released on 2015-11-06 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conservative Criminology serves as an important counterpoint to virtually every other academic text on crime. Hundreds of books have been written about crime and criminal justice policy from a variety of perspectives, including Marxist, liberal, progressive, feminist, radical, and post-modernist. To date, however, no book has been written outlining a conservative perspective on crime and criminal justice policy. Not a polemic against liberalism, Conservative Criminology nonetheless focuses on how liberal ideology affects the study of crime and criminals and the policies that criminologist advocate. Wright and DeLisi, both senior scholars, give a voice to a major political philosophy—a philosophy often demonized by academics—and to conservatives in the academic world. In the end, Conservative Criminology calls for an investment in intellectual diversity, a respect for varying political philosophies, and a renewed commitment to honesty in scholarship. The authors encourage debate in the profession about the proper role of ideology in the academy and in public policies on crime and justice. Conservative Criminology is for the criminal justice professional and student. It serves as a stimulating supplement to courses in criminology and criminal justice, as well as a primary text for special issues or capstone courses. This book supports the reader in recognizing ideological biases, whatever they might be, and in considering their own convictions.

Download or read book Law Ideology and Punishment written by A.W. Norrie and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.

Download or read book A Liberal Theory of International Justice written by Andrew Altman and published by OUP Oxford. This book was released on 2011-05-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Liberal Theory of International Justice advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants.

Download or read book Liberal Legality written by Lewis D. Sargentich and published by Cambridge University Press. This book was released on 2018-04-19 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.

Download or read book Theorizing Crime and Deviance written by Steve Hall and published by SAGE. This book was released on 2012-04-20 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Anything that takes away from the terminally off key karaoke of so much that passes for theory in criminology is to be welcomed, and this is a fine effort to connect the study of crime and control to an innovative set of theoretical possibilities. A rip-roaring read that slaughters some sacred cows while throwing the odd baby out with the bath water." - Richard Hobbs, University of Essex "Boldly tackles big questions that the discipline has lately been unable or unwilling to confront. Steve Hall′s compelling and original book should help to restart a crucial discussion about the connections between crime and an increasingly volatile and predatory global social order." - Elliott Currie, University of California, Irvine "This erudite and original book synthesizes a dazzling array of thought and evidence to interrogate criminological theory′s dominant conservative and liberal perspectives... This reviewer is left with a sense of criminological theory′s tiredness of intellectual ambition and scope, while Hall′s book leaves a sense of rejuvenation and excitement." - Colin Webster, British Journal of Criminology "A beautifully written, accessible and yet theoretically rigorous piece of writing that should be read by everyone interested in crime, law and social order. The book should be read with an open mind and as a genuine response to the suffocating inability of criminology to free itself from the century old slanging-match between its liberal and conservative wings." - Simon Winlow, University of York Steve Hall uses cutting-edge philosophy and social theory to analyse patterns of crime and harm and illuminate contemporary criminological issues. He provides a fresh, relevant critique of the philosophical and political underpinnings of criminological theory and the theoretical canon′s development during the twentieth century, and applies new Continental philosophy to the criminological problem. Unmatched in its sophistication yet written in a clear, accessible style, this dynamic and highly engaging book is essential reading for all students, researchers and academics working in criminology, sociology, social policy, politics and the social sciences in general.

Download or read book Liberalism Beyond Justice written by John Tomasi and published by Princeton University Press. This book was released on 2021-04-13 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal regimes shape the ethical outlooks of their citizens, relentlessly influencing their most personal commitments over time. On such issues as abortion, homosexuality, and women's rights, many religious Americans feel pulled between their personal beliefs and their need, as good citizens, to support individual rights. These circumstances, argues John Tomasi, raise new and pressing questions: Is liberalism as successful as it hopes in avoiding the imposition of a single ethical doctrine on all of society? If liberals cannot prevent the spillover of public values into nonpublic domains, how accommodating of diversity can a liberal regime actually be? To what degree can a liberal society be a home even to the people whose viewpoints it was formally designed to include? To meet these questions, Tomasi argues, the boundaries of political liberal theorizing must be redrawn. Political liberalism involves more than an account of justified state coercion and the norms of democratic deliberation. Political liberalism also implies a distinctive account of nonpublic social life, one in which successful human lives must be built across the interface of personal and public values. Tomasi proposes a theory of liberal nonpublic life. To live up to their own deepest commitments to toleration and mutual respect, liberals, he insists, must now rethink their conceptions of social justice, civic education, and citizenship itself. The result is a fresh look at liberal theory and what it means for a liberal society to function well.

Download or read book Revitalizing Criminological Theory written by Steve Hall and published by Routledge. This book was released on 2015-05-22 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a short, comprehensive and accessible introduction to Ultra-Realism: a unique and radical school of criminological thought that has been developed by the authors over a number of years. After first outlining existing schools of thought, their major intellectual flaws and their underlying politics in a condensed guide that will be invaluable to all undergraduate and postgraduate students, Hall and Winlow introduce a number of important new concepts to criminology and suggest a new philosophical foundation, theoretical framework and research programme. These developments will enhance the discipline’s ability to explain human motivations, construct insightful representations of reality and answer the fundamental question of why some human beings risk inflicting harm on others to further their own interests or achieve various ends. Combining new philosophical and psychosocial approaches with a clear understanding of the shape of contemporary global crime, this book presents an intellectual alternative to the currently dominant paradigms of conservatism, neoclassicism and left-liberalism. In using an advanced conception of "harm", Hall and Winlow provide original explanations of criminal motivations and make the first steps towards a paradigm shift that will help criminology to illuminate the reality of our times. This book is essential reading for academics and students engaged in the study of criminology, sociology, criminological theory, social theory, the philosophy of social sciences and the history of crime.

Download or read book Crime Risk and Justice written by Kevin Stenson and published by Routledge. This book was released on 2012-12-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime control has risen rapidly up the social and political agendas to become a central feature of western societies. This book is concerned with issues arising from these developments. Top criminologists from Britain, the USA and Australia explore the links between crime and risk through a range of themes, from the depiction of crime in the media to the dilemmas of policing, to the new punitiveness of criminal justice systems and the custodial warehousing of the poor and excluded.

Download or read book Theorizing Crime and Deviance written by Steve Hall and published by SAGE Publications. This book was released on 2012-05-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This sophisticated, original book investigates the motivations behind crime and deviance. Steve Hall uses cutting-edge philosophy and social theory to analyze empirical work on patterns of crime and illuminate contemporary criminological issues. He provides a fresh, relevant critique of the philosophical and political underpinnings of criminological theory and the theoretical canon’s development during the twentieth century. Presenting harm as a universal means of understanding crime and deviance, Theorizing Crime and Deviance draws on dialectics, transcendental materialism and psychosocial history to construct an alternative perspective for criminological thought in the twenty-first century.

Download or read book The Liberal State and Criminal Sanction written by Jonathan A. Jacobs and published by Oxford University Press. This book was released on 2020-09-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a liberal democracy, theory suggests that the political order and character of a civil society are closely connected: the political order allows for a dynamic and pluralistic civil society, and people's civic participation encourages support for the political order. In examining the role of punishment in the U.S. and the U.K., however, Jonathan Jacobs maintains that the current state of incarceration is antithetical to the principles of a liberal democracy and betrays an abandonment of that project's essential values. The existing system imposes harsh injustices on incarcerated people: it subjects them to inhumane prison conditions, creates numerous obstacles that block their reentry into society upon release, and erodes their capacity to participate in civic life and exercise individual moral agency. And in recent decades, the number of its people that the U.S. has incarcerated has grown dramatically. Jacobs engages with substantial philosophical literature to argue that necessary and significant reforms to the U.S. and U.K. criminal justice systems demand a serious recommitment to the values and principles of a liberal democracy. Topics include the justification and aims of punishment, the role of criminal justice within theories of a just society, and empirical considerations regarding long-term incarceration and its impact. By comprehensively exploring the relationship between criminal justice and justice, he highlights distinctive elements of criminal justice as the basis for a retributivist conception of punishment that highlights desert and proportionality. Jacobs defends retributivism against familiar accusations that it approves vindictiveness and inevitably harms offenders, and shows how consequentialist approaches are seriously flawed. Drawing equally from both philosophy and criminology, Jacobs argues for a renewed dedication to the values and principles of a liberal democracy as critical to the possibility of criminal justice being truly just.

Download or read book Liberalism written by Michael Freeden and published by Oxford University Press, USA. This book was released on 2015 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Freeden explores the concept of liberalism, one of the longest-standing and central political theories and ideologies. Combining a variety of approaches, he distinguishes between liberalism as a political movement, as a system of ideas, and as a series of ethical and philosophical principles.

Download or read book Not Just Deserts written by John Braithwaite and published by Oxford University Press, USA. This book was released on 1990 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing for a radical shift in the research agenda of criminology, this monograph offers a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental reform.

Download or read book The SAGE Handbook of Criminological Theory written by Eugene McLaughlin and published by SAGE. This book was released on 2010-07-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: ′For any criminologist looking to make sense of recent developments in the field, this is the go-to book. In essays by leading specialists, it provides the latest updates on traditional theories whilst charting new directions. It also offers intepretive frameworks for criminology′s current flux and fragmentation and closely examines relationships among theory, policy, and criminal justice practice. Invaluable and indispensible!′ - Nicole Rafter, Professor, Northeastern University The SAGE Handbook of Criminological Theory re-centres theory in the boldest, most thought-provoking form possible within the criminological enterprise. Written by a team of internationally respected specialists, it provides readers with a clear overview of criminological theory, enabling them to reflect critically upon the variety of theoretical positions - traditional, emergent and desirable - that are constitutive of the discipline at the beginning of the twenty-first century. Each chapter has been specially commissioned to include the following: " A brief historical overview of the theoretical perspective " Core ideas and key associated concepts " A critical review of the contemporary status of the perspective " Reflections on future developments In addition the Handbook features a substantive introduction by the editors, providing a review of the development of criminological theory, the state of contemporary criminological theory and emergent issues and debates. The SAGE Handbook of Criminological Theory is an indispensable international resource for libraries and scholars of all levels studying the rapidly developing, interdisciplinary field of criminology.