justice and punishment the rationale of coercion

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Justice And Punishment

Author : Matt Matravers
ISBN : 9780198295730
Genre : Law
File Size : 48. 29 MB
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This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadlyconceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim isthat it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified.Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justificationof punishment as intrinsic to morality itself.

To Make The Punishment Fit The Crime

Author : Michael Davis
ISBN : UOM:39015021564524
Genre : Law
File Size : 57. 42 MB
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Punishment As Societal Defense

Author : Phillip Montague
ISBN : 084768072X
Genre : Political Science
File Size : 79. 23 MB
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People punished by law are treated in ways that we consider immoral in other contexts. In Punishment as Societal-Defense, Phillip Montague develops a new theory of punishment that, instead of justifying it on the basis of deterrence or retribution, constructs it as analogous to individual self-defense. If people are justified in defending themselves against wrongful aggression, Montague argues, the same principles of distributive justice underlie punishment as societal defense. He recognizes and offers solutions to both the moral difficulties of self-defense and the ways in which punishment after an act differs from defense against an act before it occurs. Montague argues that his theory of punishment is preferable to theories based on deterrence and retribution, and shows how his theory would allow for capital punishment under certain circumstances. Punishment as Societal-Defense will be an important book for professionals and advanced students in philosophy, law, and criminology.

Managing Modernity

Author : Matt Matravers
ISBN : 9781136873928
Genre : Political Science
File Size : 55. 10 MB
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In the last thirty years, the USA and the UK have witnessed a profound change in the way in which we think about and respond to crime and social control. Crime has become part of everyday life as, for many citizens, has imprisonment. Managing Modernity brings together criminologists, social theorists, and philosophers to consider what explains these changes and what they tell us about ourselves and the way in which we live. The authors consider the pervasive, the obvious, and the covert ways in which crime and social order have come to structure social discourses and social life, from mass imprisonment to zero tolerance, to on-the-spot fines. This volume was previously published as a special issue of the Critical Review of International Social and Political Philosophy (CRISPP).

Crime And Justice At The Millennium

Author : Marvin Eugene Wolfgang
ISBN : 0792375920
Genre : Law
File Size : 76. 96 MB
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The major theme of this Festschrift will be state-of-the-art criminology at the millennium and its impact into the 21st century. The editors have solicited major figures in contemporary criminology to elucidate the current state and future prospects of criminology at the turn of the century. It is appropriate that such a volume be produced in honor of Marvin E. Wolfgang, the most influential criminologist in the English-speaking world. Those invited to contribute were students or colleagues of Professor Wolfgang and are themselves distinguished criminologists. They represent criminology both of the past and the future. The appeal of the current book is not that it honors Marvin Wolfgang, but rather that it provides an accounting of where the discipline of criminology currently stands and its future directions. Professor Marvin E. Wolfgang was unsurpassed as a criminologist, distinguished mentor, and gentleman. A book designed to contribute to the most contemporary debates in criminology is a most fitting tribute.

Social Censure And Critical Criminology

Author : Anthony Amatrudo
ISBN : 9781349952212
Genre : Social Science
File Size : 47. 50 MB
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This edited collection focuses on the sociology of 'social censure' – the sociological term advocated by Colin Sumner in his seminal writing of the 1980s and 1990s. Social censure has become increasingly important in contemporary criminological writing. This can especially be seen in recent writing on gender and race and also in terms of the way that the state's relationship to crime is now understood. This collection addresses a deficit in the published literature and both revisits themes from an earlier era and looks forward to the development of new writing that develops Sumner’s seminal work on social censure. The contributors are drawn from leading scholars from across the Social Sciences and Law and they address a wide range of issues such as: race, youth justice, policing, welfare, and violence. The resulting volume is an interdisciplinary text which will be of special interest to scholars and students of Critical Criminology and Socio-Legal Studies, as well as those interested in the operation of the criminal justice system and criminological theory.

Coerced Contraception

Author : Ellen H. Moskowitz
ISBN : 1589018079
Genre : Medical
File Size : 60. 76 MB
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Long-acting and reversible contraceptives, such as Norplant and Depo-Provera, have been praised as highly effective, moderately priced, and generally safe. Yet, as this book argues, the very qualities that make these contraceptives an important alternative for individual choice in family planning also make them a potential tool of coercive social policy. For example, policymakers have linked their use to welfare benefits, and judges, to probation agreements. In this book, authors from the fields of medicine, ethics, law, and the social sciences probe the unique and vexing ethical and policy issues raised by long-acting contraception. The book offers comprehensive ethical guidelines for health care professionals and policymakers, as well as an ethical framework for analyzing policies and practices concerning long?acting contraceptives. The authors consider cultural, social, and ethical issues pertaining to contraception, and they provide historical and scientific background on today's controversies. They explore alternative conceptual and theoretical frameworks, including analyses of autonomy, coercion, and responsibility in reproductive decisions. This volume also notes the special concerns that arise when policies promoting long?term birth control target low-income women and women of color, and when these contraceptives are used in developing countries.

Eine Einf Hrung In Die Prinzipien Der Moral Und Gesetzgebung

Author : Jeremy Bentham
ISBN : 3981584104
Genre :
File Size : 57. 80 MB
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Criminal Justice

Author : Peter Joyce
ISBN : 9781317395577
Genre : Social Science
File Size : 64. 23 MB
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This revised and expanded third edition offers a comprehensive and engaging introduction to the criminal justice system of England and Wales. Starting with an overview of the main theories of the causes of crime, this book explores and discusses the operation of the main criminal justice agencies including the police, probation and prison services and the legal and youth justice systems. This book offers a lively and critical discussion of some of the main themes in criminal justice, from policy-making and crime control to diversity and discrimination to the global dimensions of criminal justice, including organized crime and the role of the EU. Key updates to this new edition include: increased discussion of the measurement, prevention and detection of crime; a revised chapter on the police which discusses the principle of policing by consent, police methods, power and governance as well as the abuse of power; further discussion of pressing contemporary issues in criminal justice, such as privatization, multi-agency working and community-based criminal justice policy; a brand new chapter on victims of crime, key developments in criminal justice policy, and the response of the criminal justice system. This accessible text is essential reading for students taking introductory courses in criminology and criminal justice. A wide range of useful features includes review questions, lists of further reading, timelines of key events and a glossary of key terms.

The Yale Law Journal

Author :
ISBN : UCAL:B3699423
Genre :
File Size : 63. 97 MB
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