• Law

Punishment and Responsibility

Essays in the Philosophy of Law
Author: H.L.A. Hart
Publisher: Oxford University Press
ISBN: 0199534772
Category: Law
Page: 277
View: 2328
This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

    • Law

Punishment and Responsibility

Essays in the Philosophy of Law
Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191021776
Category: Law
Page: 336
View: 7242
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.

    • Law

Punishment and Responsibility

Essays in the Philosophy of Law
Author: Herbert Lionel Adolphus Hart
Publisher: Oxford University Press on Demand
ISBN: 9780199534784
Category: Law
Page: 277
View: 840
This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist, discussing the continued influence of Hart's work on penal policy and the philosophy of criminal justice.


    • Philosophy

The Limits of Blame

Rethinking Punishment and Responsibility
Author: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674980778
Category: Philosophy
Page: 216
View: 5617
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.

    • Law

Crime, Punishment, and Responsibility

The Jurisprudence of Antony Duff
Author: Rowan Cruft,Matthew H. Kramer,Mark R. Reiff
Publisher: Oxford University Press
ISBN: 0199592810
Category: Law
Page: 394
View: 4110
For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

    • Philosophy

Responsibility and Punishment


Author: J. Angelo Corlett
Publisher: Springer Science & Business Media
ISBN: 940170421X
Category: Philosophy
Page: 214
View: 4662
A provocative and lucid defense of retributivism against several long-standing criticisms. The author explores the matter of reparations for past wrongs in the case of crimes committed against Native Americans by the United States Government. Unequaled in its depth and scope of discussion the book delves deeply into particular concerns with retributivism, responsibility, and certain areas of compensation.

    • Philosophy

The Future of Punishment


Author: Thomas A. Nadelhoffer
Publisher: Oxford University Press
ISBN: 019977935X
Category: Philosophy
Page: 304
View: 6986
Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility. While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.

    • Social Science

Locking Up Our Own

Crime and Punishment in Black America
Author: James Forman, Jr.
Publisher: Farrar, Straus and Giroux
ISBN: 0374712905
Category: Social Science
Page: 320
View: 9413
In recent years, America’s criminal justice system has become the subject of an increasingly urgent debate. Critics have assailed the rise of mass incarceration, emphasizing its disproportionate impact on people of color. As James Forman, Jr., points out, however, the war on crime that began in the 1970s was supported by many African American leaders in the nation’s urban centers. In Locking Up Our Own, he seeks to understand why. Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness—and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods. A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas—from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.

    • Social Science

Punishment, Responsibility, and Justice

A Relational Critique
Author: Alan William Norrie
Publisher: Oxford University Press
ISBN: 9780198259565
Category: Social Science
Page: 242
View: 7838
Punishment, Responsibility and Justice is about punishment, responsibility and criminal justice. Building on the author's previous work, it examines the Kantian retributive basis of the criminal law and explores an alternative relational or dialectical approach. The latter serves as the basis for a critique of perennial problems in criminal justice thinking. The book examines the work of modern theorists like Antony Duff, George Fletcher and Michael Moore, and central legal issues relating to offence and defence in the 'general part'. It contrasts the law's model of individual fault with one in which responsibility is shared between agents and their communities.

    • Law

Punishment in Popular Culture


Author: Austin Sarat
Publisher: NYU Press
ISBN: 1479864218
Category: Law
Page: 320
View: 3303
The way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, and its particular way of responding to evil. Punishment in Popular Culture examines the cultural presuppositions that undergird America’s distinctive approach to punishment and analyzes punishment as a set of images, a spectacle of condemnation. It recognizes that the semiotics of punishment is all around us, not just in the architecture of the prison, or the speech made by a judge as she sends someone to the penal colony, but in both “high” and “popular” culture iconography, in novels, television, and film. This book brings together distinguished scholars of punishment and experts in media studies in an unusual juxtaposition of disciplines and perspectives. Americans continue to lock up more people for longer periods of time than most other nations, to use the death penalty, and to racialize punishment in remarkable ways. How are these facts of American penal life reflected in the portraits of punishment that Americans regularly encounter on television and in film? What are the conventions of genre which help to familiarize those portraits and connect them to broader political and cultural themes? Do television and film help to undermine punishment's moral claims? And how are developments in the boarder political economy reflected in the ways punishment appears in mass culture? Finally, how are images of punishment received by their audiences? It is to these questions that Punishment in Popular Culture is addressed.

    • Education

Positive Discipline in the Classroom

Developing Mutual Respect, Cooperation, and Responsibility in Your Classroom
Author: Jane Nelsen,Lynn Lott,H. Stephen Glenn
Publisher: Harmony
ISBN: 0770436579
Category: Education
Page: 250
View: 1243
From the celebrated Positive Discipline series comes a guide for teachers who wish to foster respect, civility, and engagement in the classroom. This new edition is updated with essential tools for the modern teacher.

    • Psychology

Mental Disorder and Criminal Law

Responsibility, Punishment and Competence
Author: Robert Schopp,Richard L. Wiener,Brian H. Bornstein,Steven L. Willborn
Publisher: Springer Science & Business Media
ISBN: 0387848452
Category: Psychology
Page: 248
View: 2538
expands traditional inquiry regarding the significance of psychopathology in the criminal process to include blameworthiness for sentencing, criminal competence at various stages in the process, and dangerousness pairs legal analysis with empirical research in order to promotoe integration of these two aspects of relevant inquiry addresses a wide range of participants in the legal, clinical, and academic disciplines

    • Law

Hart on Responsibility


Author: Christopher Pulman
Publisher: Palgrave Macmillan
ISBN: 9781137374424
Category: Law
Page: 232
View: 9117
In the 1950s and 1960s, H. L. A. Hart's writings were responsible for the revitalizing of legal philosophy in the United Kingdom and worldwide. In this new collection, ten distinguished philosophers and legal theorists address the enduring significance of Hart's work and focus upon some of its more neglected aspects, including his work on causation and the philosophy of action. Two chapters discuss Hart and Honoré's Causation in the Law, a book that has been undeservedly overlooked in many philosophical discussions of causation. The remaining chapters consider Hart's views on the justification of punishment, his dislike of retribution, his claim that harmless immorality should not be punished and his search for a non-retributivist theory of mens rea and excuses. Also examined are Hart's definitions of key legal and philosophical concepts, including punishment, responsibility and voluntariness, and his views on punishing negligent acts.

    • Social Science

Punishment in Contemporary China

Its Evolution, Development and Change
Author: Enshen Li
Publisher: Routledge
ISBN: 1351039369
Category: Social Science
Page: 172
View: 3589
Punishment in contemporary China has experienced dramatic shifts over the last seven decades or so. This book focuses on the evolution, development and change of punishment in the Maoist (1949-1977), reform (1978-2001) and post-reform eras (2002-) of China to understand the shaping and transformation of punishment within the context of a range of socio-cultural changes across different historical periods. It aims to fill the gap of existing research by developing a distinctive theoretical framework for the China’s penality, exploring it as a separate and complex legal-social system to observe the impact social foundations, political-economic genesis, cultural significance and meanings have exerted on penal form, discourse and force in contemporary China. It sheds light on the sociology of punishment in this socialist Party-state by investigating law reform, penal policy, social control, crime prevention and sentencing as interconnected elements in the criminal justice and penal system. This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and criminal justice.

    • Law

When the State Kills

Capital Punishment and the American Condition
Author: Austin Sarat
Publisher: Princeton University Press
ISBN: 0691188661
Category: Law
Page: N.A
View: 7580
Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society. Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile. Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. In short, it leaves us with an impoverished democracy. The book's powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.

    • Law

Liability and Responsibility

Essays in Law and Morals
Author: Raymond Gillespie Frey,Christopher W. Morris
Publisher: Cambridge University Press
ISBN: 9780521392167
Category: Law
Page: 430
View: 7088
This collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account developments in economics, political science and rational choice theory.

    • Philosophy

The Immorality of Punishment


Author: Michael J. Zimmerman
Publisher: Broadview Press
ISBN: 1554810558
Category: Philosophy
Page: 192
View: 7397
In The Immorality of Punishment Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into practice alternative means of preventing crime and promoting social stability.

    • Education

Reason and Responsibility: Readings in Some Basic Problems of Philosophy


Author: Joel Feinberg,Russ Shafer-Landau
Publisher: Cengage Learning
ISBN: 1305502442
Category: Education
Page: 720
View: 8023
REASON AND RESPONSIBILITY: READINGS IN SOME BASIC PROBLEMS OF PHILOSOPHY, 16th Edition, has a well-earned reputation for clarity and breadth, with a selection of high-quality readings that cover centuries of philosophical debate. The anthology covers the central issues in metaphysics, epistemology, philosophy of religion, philosophy of mind, and ethics, as well as debates over the value of philosophy and the meaning of life. The book is clearly organized: the readings complement each other, guiding you through contrasting positions on key philosophical issues. Clear, concise introductions provide reading tips and background information to help you engage directly and meaningfully with the primary sources. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

    • Law

Essays in Jurisprudence and Philosophy


Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Category: Law
Page: 404
View: 7921
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.