Download or read book Punishment and Responsibility written by H. L. A. Hart and published by OUP Oxford. This book was released on 2008-03-06 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 or read book Punishment and the Elimination of Responsibility written 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:
Download or read book The Limits of Blame written 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: 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. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Download or read book On Guilt Responsibility and Punishment written 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: 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 or read book The Morality of Punishment written by Alfred Ewing and published by Routledge. This book was released on 2013-11-17 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1929, this book explores the crucial, ethical question of the objects and the justification of punishment. Dr. A. C. Ewing considers both the retributive theory and the deterrent theory on the subject whilst remaining commendably unprejudiced. The book examines the views which emphasize the reformation of the offender and the education of the community as objects of punishment. It also deals with a theory of reward as a compliment to a theory of punishment. Dr. Ewing's treatment of the topics is philosophical yet he takes in to account the practical considerations that should determine the nature and the amount of the punishment to be inflicted in different types of cases. This book will be of great interest to students of philosophy, teachers and those who are interested in the concrete problems of punishment by the state. It is an original contribution to the study of a subject of great theoretical and practical importance.
Download or read book The Rationale of Punishment written by Jeremy Bentham and published by Wentworth Press. This book was released on 1830 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Criminal Justice at the Crossroads written by William R. Kelly and published by Columbia University Press. This book was released on 2015-05-05 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.
Download or read book Retribution Justice And Therapy written by J.G. Murphy and published by Springer Science & Business Media. This book was released on 1979-07-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Download or read book On Crimes and Punishments and Other Writings written by Cesare Beccaria and published by University of Toronto Press. This book was released on 2009-05-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in 1764, On Crimes and Punishments by Cesare Beccaria (1738–1794) courted both success and controversy in Europe and North America. Enlightenment luminaries and enlightened monarchs alike lauded the text and looked to it for ideas that might help guide the various reform projects of the day. The equality of every citizen before the law, the right to a fair trial, the abolition of the death penalty, the elimination of the use of torture in criminal interrogations—these are but a few of the vital arguments articulated by Beccaria. This volume offers a new English translation of On Crimes and Punishment alongside writings by a number of Beccaria’s contemporaries. Of particular interest is Voltaire’s commentary on the text, which is included in its entirety. The supplementary materials testify not only to the power and significance of Beccaria’s ideas, but to the controversial reception of his book. At the same time that philosophes proclaimed that it contained principles of enduring importance to any society grappling with matters of political and criminal justice, allies of the ancien régime roundly denounced it, fearing that the book’s attack on feudal privileges and its call to separate law from religion (and thus crime from sin) would undermine their longstanding privileges and powers. Long appreciated as a foundational text in criminology, Beccaria’s arguments have become central in debates over capital punishment. This new edition presents Beccaria’s On Crimes and Punishments as an important and influential work of Enlightenment political theory.
Download or read book The Forgotten Men written by Margaret E. Leigey and published by Rutgers University Press. This book was released on 2015-05-08 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today there are approximately fifty thousand prisoners in American prisons serving life without parole, having been found guilty of crimes ranging from murder and rape to burglary, carjacking, and drug offences. In The Forgotten Men, criminologist Margaret E. Leigey provides an insightful account of a group of aging inmates imprisoned for at least twenty years, with virtually no chance of release. These men make up one of the most marginalized segments of the contemporary U.S. prison population. Considered too dangerous for rehabilitation, ignored by prison administrators, and overlooked by courts disinclined to review such sentences, these prisoners grow increasingly cut off from family and the outside world. Drawing on in-depth interviews with twenty-five such prisoners, Leigey gives voice to these extremely marginalized inmates and offers a look at how they struggle to cope. She reveals, for instance, that the men believe that permanent incarceration is as inhumane as capital punishment, calling life without parole “the hard death penalty.” Indeed, after serving two decades in prison, some wished that they had received the death penalty instead. Leigey also recounts the ways in which the prisoners attempt to construct meaningful lives inside the bleak environment where they will almost certainly live out their lives. Every state in the union (except Alaska) has the life-without-parole sentencing option, despite its controversial nature and its staggering cost to the taxpayer. The Forgotten Men provides a much-needed analysis of the policies behind life-without-parole sentencing, arguing that such sentences are overused and lead to serious financial and ethical dilemmas.
Download or read book Juveniles at Risk written by Christopher Slobogin and published by Oxford University Press. This book was released on 2011-08-01 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.
Download or read book Responsibility Rehabilitation and Restoration written by U S Conference of Catholic Bishops and published by USCCB Publishing. This book was released on 2000 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely work, the bishops open a new dialogue on crime and justice in the United States.
Download or read book Discipline and Punish written by Michel Foucault and published by Vintage. This book was released on 2012-04-18 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Download or read book An Essay on Crimes and Punishments written by Cesare Beccaria and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Download or read book Moving Away from the Death Penalty written by Ivan Šimonović and published by UN. This book was released on 2014 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.
Download or read book The Criminal Prosecution and Capital Punishment of Animals written by Edward Payson Evans and published by . This book was released on 1906 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Punishment and Responsibility written by H. L. A. Hart and published by Oxford University Press. This book was released on 2008-03-06 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
