Download or read book Rejecting Retributivism written by Gregg D. Caruso and published by Cambridge University Press. This book was released on 2021-04-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Download or read book Rejecting Retributivism written by Gregg D. Caruso and published by Cambridge University Press. This book was released on 2021-09-30 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of free will and moral responsibility needed to justify this view of punishment. While a number of alternatives to retributivism exist - including consequentialist deterrence, educational, and communicative theories - they have ethical problems of their own. Moving beyond existing theories, Caruso presents a new non-retributive approach called the public health-quarantine model. In stark contrast to retributivism, the public health-quarantine model provides a more human, holistic, and effective approach to dealing with criminal behavior.
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 Rethinking Punishment written by Leo Zaibert and published by Cambridge University Press. This book was released on 2018-04-19 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions.
Download or read book Exploring the Illusion of Free Will and Moral Responsibility written by Gregg D. Caruso and published by Lexington Books. This book was released on 2013-07-05 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the Illusion of Free Will and Moral Responsibility investigates the philosophical and scientific arguments for free will skepticism and their implications. Skepticism about free will and moral responsibility has been on the rise in recent years. In fact, a significant number of philosophers, psychologists, and neuroscientists now either doubt or outright deny the existence of free will and/or moral responsibility—and the list of prominent skeptics appears to grow by the day. Given the profound importance that the concepts of free will and moral responsibility hold in our lives—in understanding ourselves, society, and the law—it is important that we explore what is behind this new wave of skepticism. It is also important that we explore the potential consequences of skepticism for ourselves and society. Edited by Gregg D. Caruso, this collection of new essays brings together an internationally recognized line-up of contributors, most of whom hold skeptical positions of some sort, to display and explore the leading arguments for free will skepticism and to debate their implications.
Download or read book Free Will Skepticism in Law and Society written by Elizabeth Shaw and published by Cambridge University Press. This book was released on 2019-08-29 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what (if any) changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism.
Download or read book Free Will and Consciousness written by Gregg D. Caruso and published by Lexington Books. This book was released on 2012 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, with advances in the behavioral, cognitive, and neurosciences, the idea that patterns of human behavior may ultimately be due to factors beyond our conscious control has increasingly gained traction and renewed interest in the age-old problem of free will. In this book, Gregg D. Caruso examines both the traditional philosophical problems long associated with the question of free will, such as the relationship between determinism and free will, as well as recent experimental and theoretical work directly related to consciousness and human agency. He argues that our best scientific theories indeed have the consequence that factors beyond our control produce all of the actions we perform and that because of this we do not possess the kind of free will required for genuine or ultimate responsibility. It is further argued that the strong and pervasive belief in free will, which the author considers an illusion, can be accounted for through a careful analysis of our phenomenology and a proper theoretical understanding of consciousness. Indeed, the primary goal of this book is to argue that our subjective feeling of freedom, as reflected in the first-person phenomenology of agentive experience, is an illusion created by certain aspects of our consciousness.
Download or read book Just Deserts written by Daniel C. Dennett and published by John Wiley & Sons. This book was released on 2021-01-14 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of free will is profoundly important to our self-understanding, our interpersonal relationships, and our moral and legal practices. If it turns out that no one is ever free and morally responsible, what would that mean for society, morality, meaning, and the law? Just Deserts brings together two philosophers – Daniel C. Dennett and Gregg D. Caruso – to debate their respective views on free will, moral responsibility, and legal punishment. In three extended conversations, Dennett and Caruso present their arguments for and against the existence of free will and debate their implications. Dennett argues that the kind of free will required for moral responsibility is compatible with determinism – for him, self-control is key; we are not responsible for becoming responsible, but are responsible for staying responsible, for keeping would-be puppeteers at bay. Caruso takes the opposite view, arguing that who we are and what we do is ultimately the result of factors beyond our control, and because of this we are never morally responsible for our actions in the sense that would make us truly deserving of blame and praise, punishment and reward. Just Deserts introduces the concepts central to the debate about free will and moral responsibility by way of an entertaining, rigorous, and sometimes heated philosophical dialogue between two leading thinkers.
Download or read book Against Moral Responsibility written by Bruce N. Waller and published by MIT Press. This book was released on 2024-12-10 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: A vigorous attack on moral responsibility in all its forms argues that the abolition of moral responsibility will be liberating and beneficial. In Against Moral Responsibility, Bruce Waller launches a spirited attack on a system that is profoundly entrenched in our society and its institutions, deeply rooted in our emotions, and vigorously defended by philosophers from ancient times to the present. Waller argues that, despite the creative defenses of it by contemporary thinkers, moral responsibility cannot survive in our naturalistic-scientific system. The scientific understanding of human behavior and the causes that shape human character, he contends, leaves no room for moral responsibility. Waller argues that moral responsibility in all its forms—including criminal justice, distributive justice, and all claims of just deserts—is fundamentally unfair and harmful and that its abolition will be liberating and beneficial. What we really want—natural human free will, moral judgments, meaningful human relationships, creative abilities—would survive and flourish without moral responsibility. In the course of his argument, Waller examines the origins of the basic belief in moral responsibility, proposes a naturalistic understanding of free will, offers a detailed argument against moral responsibility and critiques arguments in favor of it, gives a general account of what a world without moral responsibility would look like, and examines the social and psychological aspects of abolishing moral responsibility. Waller not only mounts a vigorous, and philosophically rigorous, attack on the moral responsibility system, but also celebrates the benefits that would result from its total abolition.
Download or read book The Injustice of Punishment written by Bruce N. Waller and published by Routledge. This book was released on 2017-10-19 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 or read book Punishment and Retribution written by Leo Zaibert and published by Routledge. This book was released on 2016-04-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
Download or read book Free Will written by Derk Pereboom and published by Hackett Publishing. This book was released on 2009-11-13 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique anthology featuring contributions to the dispute over free will from Aristotle to the twenty-first century, Derk Pereboom's volume presents the most thoughtful positions taken in this crucial debate and discusses their consequences for free will's traditional corollary, moral responsibility. The Second Edition retains the organizational structure that made its predecessor the leading anthology of its kind, while adding major new selections by such philosophers as Spinoza, Reid, John Martin Fischer, Robert Kane, Galen Strawson, and Timothy O'Connor. Hackett Readings in Philosophy is a versatile series of compact anthologies, each devoted to a topic of traditional interest. Selections include classical, modern, and contemporary writings chosen for their elegance of exposition and success at stimulating thought and discussion.
Download or read book Getting Even written by Charles K. B. Barton and published by Open Court Publishing. This book was released on 1999 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author of this text aims to show that revenge is a required form of justice that should be incorporated into the criminal justice system. He argues that the current system disempowers those who are victims of crime, the accused, and their respective communities.
Download or read book Law and Mind written by Bartosz Brożek and published by Cambridge University Press. This book was released on 2021-04-29 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.
Download or read book Neuroexistentialism written by Gregg D. Caruso and published by Oxford University Press. This book was released on 2018 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Existentialisms arise when the foundations of being, such as meaning, morals, and purpose come under assault. In the first-wave of existentialism, writings typified by Kierkegaard, Dostoevsky, and Nietzsche concerned the increasingly apparent inability of religion, and religious tradition, to support a foundation of being. Second-wave existentialism, personified philosophically by Sartre, Camus, and de Beauvoir, developed in response to similar realizations about the overly optimistic Enlightenment vision of reason and the common good. The third-wave of existentialism, a new existentialism, developed in response to advances in the neurosciences that threaten the last vestiges of an immaterial soul or self. Given the increasing explanatory and therapeutic power of neuroscience, the mind no longer stands apart from the world to serve as a foundation of meaning. This produces foundational anxiety. In Neuroexistentialism, a group of contributors that includes some of the world's leading philosophers, neuroscientists, cognitive scientists, and legal scholars, explores the anxiety caused by third-wave existentialism and possible responses to it. Together, these essays tackle our neuroexistentialist predicament, and explore what the mind sciences can tell us about morality, love, emotion, autonomy, consciousness, selfhood, free will, moral responsibility, law, the nature of criminal punishment, meaning in life, and purpose.
Download or read book The Problem of Punishment written by David Boonin and published by Cambridge University Press. This book was released on 2008-04-14 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.
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 639 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.
