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 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 Conservative Criminology written by John Wright and published by Routledge. This book was released on 2015-11-06 with total page 151 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 The First Civil Right written by Naomi Murakawa and published by Oxford University Press, USA. This book was released on 2014 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 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. 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.
Download or read book Reclamation a Liberal Theory of Criminal Justice written by Lindsey Jo Schwartz and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal justice system is part of the basic structure of society. It is a social institution that, together with others, forms a broader scheme of social justice. As part of the basic structure, it is and ought to be bound by the same principles, aims, and commitments as any other core institution that makes up the socio-political system of which it is a part. But for much of human history, it has been treated as a separate domain of justice, engaged in practices that serve principles distinct from those of the broader public peace. The aim of my dissertation is to remedy this error by providing a theory of criminal justice based on and built up from the shared political commitments at the core of liberal democratic theory. Over the course of the dissertation, I advance a theory of criminal justice designed to emphasize justice. The first chapter lays out the liberal foundations of the theory. The second articulates the theory in full, enumerating the canonical aims of punishment and specifying how these aims might be met without running afoul of the deeper socio-political commitments of liberalism. In so doing, it offers five basic criteria that a liberal criminal justice system must meet, and shows how the basic aims of criminal justice ought to be prioritized if they are to adhere to the same principles as any other basic social institution. Chapter three gives a detailed argument as to why, popular as it is, the retributive aim of punishment is excluded from the theory. Chapter four addresses whether, when, and in what form specifically carceral practices might cohere with the theory. Chapter five offers a wide-ranging sketch of what a liberal criminal justice system might look like in practice. I conclude with some thoughts about what liberal societies may or may not be able to learn by putting the theory to practical use.
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 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 Creating the American Carceral State written by Shaun Williamson and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis explores mass incarceration in the United States as an outcome of the evolution of liberal penal theory over the last two centuries. The first chapter analyzes the work of the 18th century Italian legal theorist Cesare Beccaria. Within the context of the thesis, the exploration of Beccaria's work serves to describe many of the foundational principles and assumptions that arose out of liberal criminal theory in this period. This chapter demonstrates that in the minds of early liberal criminal theorists, such as Beccaria, the role of a justice system was not to merely punish those who break the law, but also to reform those found to have broken the law into productive members of society. The second chapter jumps ahead almost 100 years to the beginning of the International Penitentiary Commission (IPC). This chapter demonstrates that the IPC was influential in entrenching incarceration as a foundational element in the liberal penal system, which the IPC was attempting to popularize and promulgate. The final chapter follows the evolution of liberal penal theory in the United States following the Second World War. During this period, economists and neoliberal legal theorists, such as Milton Friedman, Gary Becker, and Richard Posner, dramatically altered the liberal consensus on crime and punishment. Whereas earlier liberal writers viewed the role of criminal punishment as a means of reforming prisoners into useful citizens, neoliberal criminal reformers theorized that it would be more efficient to view crime and criminal punishment as an economic problem, to be solved with the same tools that liberal economists used to examine the market economy. Instead of focusing on reforming the criminal, these theorists posited that the most effective way to decrease crime was to modify the criminal incentive structure. Overall, this thesis follows the evolution of liberal penal theory in the United States and will demonstrate that what began as a noble attempt to create a more humane and just penal system, focused on the reformation of the prisoner, became a behemoth of an institution that grew to an extraordinary level in an attempt to crackdown on crime. It will be argued that what was lost in this evolution of liberal criminal theory was the importance of social and economic context in the creation of criminal behaviour.
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 Justifying Punishment in Liberal Theory written by Gabe Whitbread and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work I show that classical liberalism offers a compelling defense of criminalization and sanction, even retribution, and argues that those who find themselves disillusioned with liberal theory underestimate it. I dispute the recurrent charge that liberals cannot defend the political practice of criminal punishment. This is a complaint against caricatures of liberalism - that is, oversimplified readings which conflate liberalism and utilitarianism, or else late-stage iterations tainted by Kant's moral absolutism. I develop a coherent theory of punishment drawn from the works of Locke himself and suggest that the best recourse against calls to defund law enforcement and cancel criminal justice is this liberal defense of state coercion. The notion of sanction for transgression is indispensable to Locke's argument about the moral foundations of society as well as the legitimacy, and limits, of government. An insistence that crime is no construct but a punishable violation against the law of nature forces those that demand social justice et pereat mundus to recall that without the rule of law, rights are merely theoretical.
Download or read book Crime Risk and Justice written by Kevin Stenson and published by Taylor & Francis. This book was released on 2001 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars of criminal justice, criminology, law, and others fields convened in New York City in the spring of 1999 to look at the intersection between crime, a changing liberalism, and something related they called the risk society. In fact people wanted most to talk about crime and criminal justice agencies, so the 11 papers are weighed toward the political and social background to crime in the US and Britain after changes during Reagan and Thatcher were ironed in by Clinton and Blair. Distributed in the US by ISBS. c. Book News Inc.
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 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 and Prostitution written by Peter de Marneffe and published by Oxford University Press. This book was released on 2012-04-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil libertarians characterize prostitution as a "victimless crime," and argue that it ought to be legalized. Feminist critics counter that prostitution is not victimless, since it harms the people who do it. Civil libertarians respond that most women freely choose to do this work, and that it is paternalistic for the government to limit a person's liberty for her own good. In this book Peter de Marneffe argues that although most prostitution is voluntary, paternalistic prostitution laws in some form are nonetheless morally justifiable. If prostitution is commonly harmful in the way that feminist critics maintain, then this argument for prostitution laws is not objectionably moralistic and some prostitution laws violate no one's rights. Paternalistic prostitution laws in some form are therefore consistent with the fundamental principles of contemporary liberalism.
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.
