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Justice And Punishment

Author: Matt Matravers
Publisher: Oxford University Press on Demand
ISBN: 0198295731
Size: 45.76 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.

Punishment As Societal Defense

Author: Phillip Montague
Publisher: Rowman & Littlefield
ISBN: 9780847680726
Size: 29.59 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.

Crime And Justice At The Millennium

Author: Marvin E. Wolfgang
Publisher: Springer Science & Business Media
ISBN: 9780792375920
Size: 78.20 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
Publisher: Springer
ISBN: 1349952214
Size: 73.78 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.

Changing Contours Of Criminal Justice

Author: Mary Bosworth
Publisher: Oxford University Press
ISBN: 0191092827
Size: 24.20 MB
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Celebrating the 50th Anniversary of the Oxford Centre for Criminology, this edited collection of essays seeks to explore the changing contours of criminal justice over the past half century and to consider possible shifts over the next few decades. The question of how social science disciplines develop and change does not invite any easy answer, with the task made all the more difficult given the highly politicised nature of some subjects and the volatile, evolving status of its institutions and practices. A case in point is criminal justice: at once fairly parochial, much criminal justice scholarship is now global in its reach and subject areas that are now accepted as central to its study - victims, restorative justice, security, privatization, terrorism, citizenship and migration (to name just a few) - were topics unknown to the discipline half a century ago. Indeed, most criminologists would have once stoutly denied that they had anything to do with it. Likewise, some central topics of past criminological attention, like probation, have largely receded from academic attention and some central criminal justice institutions, like Borstal and corporal punishment, have, at least in Europe, been abolished. Although the rapidity and radical nature of this change make it quite impossible to predict what criminal justice will look like in fifty years' time, reflection on such developments may assist in understanding how it arrived at its current form and hint at what the future holds. The contributors to this volume have been invited to reflect on the impact Oxford criminology has had on the discipline, providing a unique and critical discussion about the current state of criminal justice around the world and the origins and future implications of contemporary practice. All are leading internationally-renowned criminologists whose work has defined and often re-defined our understanding of criminal justice policy and literature.

Criminal Justice

Author: Peter Joyce
Publisher: Routledge
ISBN: 1317395573
Size: 29.85 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 Ethics Of Legal Coercion

Author: J.D. Hodson
Publisher: Springer Science & Business Media
ISBN: 9400972571
Size: 43.41 MB
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Are all of the commonly accepted aims of the use of law justifiable? Which kinds of behavior are justifiably prohibited, which kinds justifiably required? What uses of law are not defensible? How can the legitimacy or the ille gitimacy of various uses of law be explained or accounted for? These are questions the answering of which involves one in many issues of moral principle, for the answers require that one adopt positions - even if only implicitly - on further questions of what kinds of actions or policies are morally or ethically acceptable. The present work, aimed at questions of these kinds, is thus a study in the ethical evaluation of major uses of legal coercion. It is an attempt to provide a framework within which many questions about the proper uses of law may be fruitfully discussed. The framework, if successful, can be used by anyone asking questions about the defensibility of particular or general uses of law, whether from the perspective of someone considering whether to bring about some new legal provision, from the perspective of someone concerned to evaluate an eXisting provision, or from that of someone concerned more abstractly with questions about the appropriate substance of an ideal legal system. In addressing these and associated issues, I shall be exploring the extent to which an ethics based on respect for persons and their autonomy can handle satisfactorily the problems arising here.