Search Results for the-problem-of-punishment

CHAPTER 1 INTRODUCTION Few social problems today seem to cause as
much dissension among people as the problem of punishment. As various crime
rates soar in countries around the world such as the United States, in some of the
 ...

Author: J. Angelo Corlett

Publisher: Springer Science & Business Media

ISBN: 9789401598514

Category: Philosophy

Page: 169

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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.
2013-03-14 By J. Angelo Corlett

Author: Daisy Seabourne

Publisher:

ISBN: OCLC:1085192652

Category:

Page:

View: 532

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2018 By Daisy Seabourne

Justifying Capital Punishment in Principle and in Practice As one would expect,
the problem of justifying capital punishment has many features in common with
the problem of justifying punishment in general. Thus, capital punishment
infringes ...

Author: Phillip Montague

Publisher: Rowman & Littlefield

ISBN: 084768072X

Category: Political Science

Page: 175

View: 430

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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.

The. Problem. of. Punishment. The institution of criminal punishment is in a
scandalous state, and what is worse, we largely refuse to acknowledge it. It is
certainly true that there is constant debate over such issues as whether the death
penalty ...

Author: Whitley R.P. Kaufman

Publisher: Springer Science & Business Media

ISBN: 9789400748453

Category: Philosophy

Page: 204

View: 729

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This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new “abolitionist” movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.​
2012-08-28 By Whitley R.P. Kaufman

This is a book about the justification of state punishment, Any writer starting out
on this task must feel some need to explain ... way of looking at the problem of
punishment and a fresh approach to the methodology of theorising about that
issue, ...

Author: Nicola Lacey

Publisher: Routledge

ISBN: 9781134838004

Category: Philosophy

Page: 240

View: 356

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Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
2012-10-12 By Nicola Lacey

Chapters II, 12. Garvin, L. “Retributive and Distributive Justice”. Journal of
Philosophy, Vol. XLII (1945), pp. 270–277. Coddington, F. J. O. “Problems of
Punishment”. Proceedings of the Aristotelian Society, N.S. Vol. XLVI (1945–46),
pp.

Author: J. Kleinig

Publisher: Springer Science & Business Media

ISBN: 9789401020275

Category: Philosophy

Page: 170

View: 973

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Superficial acquaintance with the literature on punishment leaves a fairly definite impression. There are two approaches to punishment - retributive and utilitarian - and while some attempts may be made to reconcile them, it is the former rather than the latter which requires the reconciliation. Taken by itself the retributive approach is primitive and unenlightened, falling short of the rational civilized humanitarian values which we have now acquired. Certainly this is the dominant impression left by 'popular' discussions of the SUbject. And retributive vs. utilitarian seems to be the mould in which most philosophical dis cussions are cast. The issues are far more complex than this. Punishment may be con sidered in a great variety of contexts - legal, educational, parental, theological, informal, etc. - and in each of these contexts several im portant moral questions arise. Approaches which see only a simple choice between retributivism and utilitarianism tend to obscure this variety and plurality. But even more seriously, the distinction between retributivism and utilitarianism is far from clear. That it reflects the traditional distinction between deontological and teleological ap proaches to ethics serves to transfer rather than to resolve the un clarity. Usually it is said that retributive approaches seek to justify acts by reference to features which are intrinsic to them, whereas utilitarian approaches appeal to the consequences of such acts. This, however, makes assumptions about the individuation of acts which are difficult to justify.
2012-12-06 By J. Kleinig

the. Problem. with. Punishment. Introduction Much of this book has thus far been
concerned with demythologising the assumed purposes of the prison by
highlighting its symbolic functions both as a place of punishment and as a
mechanism ...

Author: D. Drake

Publisher: Springer

ISBN: 9781137004833

Category: Social Science

Page: 220

View: 870

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Drawing on research in men's long-term, maximum-security prisons, this book examines three interconnected problems: the tendency of the prison to obscure other social problems and conceal its own failings, the pursuit of greater levels of human security through repressive and violent means and the persistence of the belief in the problem of 'evil'.
2012-07-25 By D. Drake

Deterrence and Desert The single biggest challenge to deterrence is a specific
worry about desert. If punishment is justified by its deterrent effect, then the
problem is that deterrent punishment might justify the punishment of innocent
persons if ...

Author: Thom Brooks

Publisher: Routledge

ISBN: 9781351944991

Category: Law

Page: 540

View: 858

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Deterrence is a theory which claims that punishment is justified through preventing future crimes, and is one of the oldest and most powerful theories about punishment. The argument that punishment ought to secure crime reduction occupies a central place in criminal justice policy and is the site for much debate. Should the state deter offenders through the threat of punishment? What available evidence is there about the effectiveness of deterrence? Is deterrence even possible? This volume brings together the leading work on deterrence from the dominant international figures in the field. Deterrence is examined from various critical perspectives, including its diversity, relation with desert, the relation of deterrence with incapacitation and prevention, the role deterrence has played in debates over the death penalty, and deterrence and corporate crime.
2019-11-11 By Thom Brooks

Ioel Feinberg The Expressive Function of Punishment * It might well appear to a
moral philosopher absorbed in the classical ... that recent philosophical
discussions of the problem of punishment have somehow missed the point of his
interest.

Author: Gertrude Ezorsky

Publisher: SUNY Press

ISBN: 9781438402222

Category: Philosophy

Page: 377

View: 392

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“Punishment,” writes J. E. McTaggart, “ is pain and to inflict pain on any person obviously [requires] justification.” But if the need to justify punishment is obvious, the manner of doing so is not. Philosophers have developed an array of diverse, often conflicting arguments to justify punitive institutions. Gertrude Ezorsky introduces this source book of significant historical and contemporary philosophical writings on problems of punishment with her own article, “The Ethics of Punishment.” She brings together systematically the important papers and relevant studies from psychology, law, and literature, and organizes them under five subtopics: concepts of punishment, the justification of punishment, strict liability, the death penalty, and alternatives to punishment. Under these general headings forty-two papers are presented to give philosophical perspectives on punishment. Included are many (e.g., John Stuart Mill’s defense of capital punishment) not generally available. This book brings together in a single volume the views of such diverse writers as Plato, St. Thomas Aquinas, Samuel Butler, Karl Marx, and Lady Barbara Wooten. Others are J. Andenaes, K. G. Armstrong, John Austin, Kurt Baier, Jeremy Bentham, F. H. Bradley, Richard Brandt, Clarence Darrow, A. C. Ewing, Joel Feinberg, “The Hon. Mr. Gilpin,” H. L. A. Hart, G. W. F. Hegel, Thomas Hobbs, Immanuel Kant, J. D. Mabbott, H. J. McCloskey, J. E. McTaggart, R. Martinson, G. E. Moore, Herbert Morris, Anthony Quinton, D. Daiches Raphael, H. Rashdall, John Rawls, W. D. Ross, Royal Commission on Capital Punishment Report 1949–53, George Bernard Shaw, T. L. S. Sprigge, and R. Wasserstrom.

We then examined several key problems associated with this new vision of
criminal justice—the problem of private justice and the problem of punishment
that have severely limited the impact of restorative justice on mainstream criminal
 ...

Author: Ross London

Publisher: Wipf and Stock Publishers

ISBN: 9781498200578

Category: Religion

Page: 392

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Can restorative justice be applied to a full range of offenses? Ross London answers with an unequivocal "Yes." London proposes that, by focusing on the restoration of personal and social trust, restoration may become acknowledged as the overarching goal of all criminal justice policies and practices. While supporting the use of restorative justice as a non-punitive alternative for appropriate cases, London argues that deserved punishment for serious offenses--far from contradicting the goal of restoration--may be instrumental for the emotional recovery of crime victims, the security of communities, and for the successful reintegration of offenders. Moreover, this approach responsibly minimizes resort to punishment by maximizing all of the many other means of restoring trust. Drawing on his experience as a judge, prosecutor, and public defender, London offers a pragmatic vision of restorative justice that integrates its core values with real-world applications for even the most serious violent crimes.
2014-12-03 By Ross London

The analysis , therefore , of the mechanisms of social response to deviance
becomes vital in dealing with the problem . Third , the theory is based on the
philosophical considerations that the act of punishing offenders can never wipe
out the ...

Author: Edward Sagarin

Publisher:

ISBN: UOM:39015015387981

Category: Corrections

Page: 152

View: 297

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Selection of papers delivered at the 2d Interamerican Congress of Criminology held in Caracas, Venezuela, Nov. 1972.
1973 By Edward Sagarin

These three aspects of attention-maintained problem behavior—lack of
predictability, timing, and type—all make FCT treatment for attention uniquely
challenging. Problems with Punishment and Prevention Parents often tell us, “
Punishment ...

Author: Joe Reichle

Publisher: Guilford Publications

ISBN: 9781462530212

Category: Education

Page: 276

View: 897

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Children and adolescents with moderate and severe disabilities often have communication challenges that lead them to use problem behavior to convey their desires. This is the most comprehensive contemporary volume on functional communication training (FCT)--the individualized instructional approach that teaches a child socially acceptable communicative alternatives to aggression, tantrums, self-injury, and other unconventional behaviors. The expert authors provide accessible, empirically based guidelines for implementing FCT, and tips for overcoming obstacles. Grounded in the principles of applied behavior analysis, the book includes detailed strategies for developing a support plan, together with illustrative case examples.
2017 By Joe Reichle

... recent philosophical discussions of the problem of punishment have somehow
missed the point of his interest . Recent influential articles1 have quite sensibly
distinguished between questions of definition and justification , between justifying
 ...

Author: Jules L. Coleman

Publisher: Taylor & Francis

ISBN: 0815314000

Category: Law

Page: 560

View: 727

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The problem of punishing the innocent could be largely circumvented by
increasing the amount and level of safeguards in the criminal justice process. For
example, the standard of proof could be raised from beyond reasonable doubt (or
 ...

Author: Mirko Bageric

Publisher: Routledge

ISBN: 9781135339807

Category: Law

Page: 328

View: 708

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First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
2001-07-01 By Mirko Bageric

FOREWORD THE problem of the objects and the justification of punish~ ment is
such a crucial one in ethical theory that it is surprising that in this country, at all
events, there seems to have been no recent attempt to make it the subject of a ...

Author: Alfred C. Ewing

Publisher: Routledge

ISBN: 9780415633727

Category: Philosophy

Page: 252

View: 924

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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.
2013-11-15 By Alfred C. Ewing

... to focus not on the meaning,justification or character of criminal punishment in
the abstract, but on what proper role it can play in a liberal democracy: as we will
see, this gives the problem of punishment a particular, and particularly troubling,
 ...

Author: Erik Claes

Publisher: Intersentia nv

ISBN: 9789050954235

Category: Law

Page: 201

View: 329

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Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.
2005 By Erik Claes

II2 THE effect of war on crime and its treatment is a problem which may interest
various categories of people for different reasons and in different ways. In time of
war, the statesmen and the social reformer can be expected to pay close
attention ...

Author: Hermann Mannheim

Publisher: Routledge

ISBN: 9781136266942

Category: Social Science

Page: 320

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First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
2013-08-21 By Hermann Mannheim

This essay will consider how some central issues that Carlos Nino discussed in
his writings on the philosophical theory of punishment are relevant to the difficult
empirical and political problem of building a legal order that preserves the rule of
 ...

Author: T. M. Scanlon

Publisher: Cambridge University Press

ISBN: 0521533988

Category: Law

Page: 273

View: 243

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This volume presents Scanlon's classic essays in political philosophy written between 1969 and 1999.
2003-06-26 By T. M. Scanlon

However, such restrictions on the use of punishment, as welcome as they may be
, are not grounded in emergent shifts in cultural discourses on punishment, nor
are they carefully thought out solutions to the problem of punishment. In fact ...

Author: Michelle Brown

Publisher: NYU Press

ISBN: 081479999X

Category: Social Science

Page: 251

View: 731

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Analyzes social aspects of prison, covering various theories about the role and function of punishment in society in the United States, including how the culture of imprisonment carries over into everyday life through television shows, movies, prison tourism, and other avenues, and examines the negative impact of penal spectatorship.
2009-10-15 By Michelle Brown

Introduction The Problem of Punishment and the Return to the History of Political
Thought PETER KARL KORITANSKY It is a noticeable fact that in contemporary
philosophical discussions of legal punishment attention to the history of political ...

Author: Peter Karl Koritansky

Publisher: University of Missouri Press

ISBN: 9780826219442

Category: Philosophy

Page: 223

View: 528

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"Conveniently divided into three sections, the book explores pagan and Christian pre-modern thought; early modern thought, culminating in chapters on Kant and classic Utilitarianism; and postmodern thought as exemplified in the theories of Nietzsche and Foucault. In all, the essays probe the work of Plato, Saint Augustine, Saint Thomas Aquinas, Thomas Hobbes, Immanuel Kant, Cesere Beccaria, Jeremy Bentham, John Stuart Mill, Friedrich Nietzsche, and Michel Foucault.
2011-12-30 By Peter Karl Koritansky

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