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The Ethics Of Capital Punishment

Author: Matthew Kramer
Publisher: Oxford University Press (UK)
ISBN: 0199642192
Size: 12.75 MB
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Debate has long been waged over the morality of capital punishment, with standard arguments in its favour being marshalled against familiar arguments that oppose the practice. In The Ethics of Capital Punishment, Matthew Kramer takes a fresh look at the philosophical arguments on which the legitimacy of the death penalty stands or falls, and he develops a novel justification of that penalty for a limited range of cases. The book pursues both a project of critical debunking of the familiar rationales for capital punishment and a project of partial vindication. The critical part presents some accessible and engaging critiques of major arguments that have been offered in support of the death penalty. These chapters, suitable for use in teaching courses on capital punishment, valuably take issue with positions at the heart of contemporary debates over the morality of such punishment. The book then presents an original justification for executing truly terrible criminals, a justification that is free-standing rather than an aspect or offshoot of a general theory of punishment. Its purgative rationale, which has not heretofore been propounded in any current philosophical and practical debates over the death penalty, derives from a philosophical reconception of the nature of evil and the nature of defilement. As the book contributes to philosophical discussions of those phenomena, it also contributes importantly to general normative ethics with sustained reflections on the differences between consequentialist approaches to punishment and deontological approaches. Above all, the volume contributes to the philosophy of criminal law with a fresh rationale for the use of the death penalty and with probing assessments of all the major theories of punishment that have been broached by jurists and philosophers for centuries. Although the book is a work of philosophy by a professional philosopher, it is readily accessible to readers who have not studied philosophy. It will stir both philosophers and anyone engaged with the death penalty to reconsider whether the institution of capital punishment can be an appropriate response to extreme evil.

A Philosophical Investigation

Author: Philip Kerr
Publisher: Penguin
ISBN: 9781101404232
Size: 48.92 MB
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A terrifyingly prescient cult classic by the bestselling author of the Bernie Gunther series. “Chilling...absorbing...part techno-thriller, part futuristic detective story, part diary of a serial killer.”—The New York Times Book Review LONDON, 2013. Serial killings have reached epidemic proportions—even with the widespread government use of DNA detection, brain-imaging, and the “punitive coma.” Beautiful, whip-smart, and driven by demons of her own, Detective Isadora “Jake” Jacowicz must stop a murderer, code-named “Wittgenstein,” who has taken it upon himself to eliminate any man who has tested posi­tive for a tendency towards violent behavior—even if his victim has never committed a crime. He is a killer whose intellectual brilliance is matched only by his homicidal madness.

The Morality Of Punishment

Author: Alfred C. Ewing
Publisher: Routledge
ISBN: 0415633729
Size: 35.66 MB
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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.

By Man Shall His Blood Be Shed

Author: Edward Feser, Ph.D.
Publisher: Ignatius Press
ISBN: 1681497689
Size: 37.98 MB
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The Catholic Church has in recent decades been associated with political efforts to eliminate the death penalty. It was not always so. This timely work reviews and explains the Catholic Tradition regarding the death penalty, demonstrating that it is not inherently evil and that it can be reserved as a just form of punishment in certain cases. Drawing upon a wealth of philosophical, scriptural, theological, and social scientific arguments, the authors explain the perennial teaching of the Church that capital punishment can in principle be legitimate—not only to protect society from immediate physical danger, but also to administer retributive justice and to deter capital crimes. The authors also show how some recent statements of Church leaders in opposition to the death penalty are prudential judgments rather than dogma. They reaffirm that Catholics may, in good conscience, disagree about the application of the death penalty. Some arguments against the death penalty falsely suggest that there has been a rupture in the Church's traditional teaching and thereby inadvertently cast doubt on the reliability of the Magisterium. Yet, as the authors demonstrate, the Church's traditional teaching is a safeguard to society, because the just use of the death penalty can be used to protect the lives of the innocent, inculcate a horror of murder, and affirm the dignity of human beings as free and rational creatures who must be held responsible for their actions. By Man Shall His Blood Be Shed challenges contemporary Catholics to engage with Scripture, Tradition, natural law, and the actual social scientific evidence in order to undertake a thoughtful analysis of the current debate about the death penalty.

Evil And Moral Psychology

Author: Peter Brian Barry
Publisher: Routledge
ISBN: 0415532906
Size: 69.68 MB
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This book examines what makes someone an evil person and how evil people are different from merely bad people. Rather than focusing on the "problem of evil" that occupies philosophers of religion, Barry looks instead to moral psychology--the intersection of ethics and psychology. He provides both a philosophical account of what evil people are like and considers the implications of that account for social, legal, and criminal institutions. He also engages in traditional philosophical reasoning strongly informed by psychological research, especially abnormal and social psychology. In response to the popularity of phrases like "the axis of evil" and the ease with which politicians and others describe their opponents as "evil," Barry sets out to make clear just what it is to be an evil person.

The Fiction Of Evil

Author: Peter Brian Barry
Publisher: Routledge
ISBN: 1317594770
Size: 67.64 MB
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What makes someone an evil person? How are evil people different from merely bad people? Do evil people really exist? Can we make sense of evil people if we mythologize them? Do evil people take pleasure in the suffering of others? Can evil people be redeemed? Peter Brian Barry answers these questions by examining a wide range of works from renowned authors, including works of literature by Kazuo Ishiguro, Mark Twain, Edgar Allan Poe, Herman Melville, and Oscar Wilde alongside classic works of philosophy by Nietzsche and Aristotle. By considering great texts from literature and philosophy, Barry examines whether evil is merely a fiction. The Fiction of Evil explores how the study of literature can contribute to the study of metaphysics and ethics and it is essential reading for those studying the concept of evil or philosophy of literature at undergraduate level.

The Death Penalty

Author: Roger Hood
Publisher: OUP Oxford
ISBN: 0191005312
Size: 24.59 MB
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The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.

Sentencing Law And Policy

Author: Nora Demleitner
Publisher: Wolters Kluwer Law & Business
ISBN: 1454824328
Size: 76.91 MB
Format: PDF
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A leading text in criminal law, co-authored by leading scholars in the field, Sentencing Law and Policy draws from extensive sources to present a comprehensive overview of all aspects of criminal sentencing. Online integration with sentencing commissions, thorough treatment of current case law, and provocative notes and questions, stimulate students to consider connections between disparate institutions and examine the purposes and politics of the criminal justice system. The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more. Features: Authors are among the leading sentencing scholars in the United States. Demleitner and Berman are editors of the leading sentencing journal, Federal Sentencing Reporter. Berman is the blog master of the leading sentencing blog, with huge readership. Intuitive organization tracks the process that occurs in every criminal sentencing. Each chapter draws on the most relevant examples from three distinct sentencing worlds: guideline-determinate, indeterminate, and capital. Wide-ranging source materials, including: U.S. Supreme Court decisions. Cases from state high courts, federal appellate courts, and foreign jurisdictions. Statutes and guidelines provisions. Reports and data from sentencing commissions and other agencies. Problems and questions in text are integrated with websites of sentencing commissions, such as the site for the U.S. Sentencing Commissions (www.ussc.gov). Challenging questions ask students to compare institutions and consider the connections between specific sentencing rules and the purposes and politics of criminal justice, emphasizing the effects of sentencing. Notes tell students directly what are the most common practices in U.S. jurisdictions. Instructors’ website (www.sentencingbook.net) provides the Teacher’s Manual—available only electronically on the site— with additional teaching materials to be posted as needed. Students’ website (www.sentencingbook.com) features longer collections of rules and guidelines, statutes, case studies, recent articles, practice problems, sample exams, and a virtual library. Thoroughly updated, the revised Third Edition includes: New Supreme Court cases, including Gall, Kimbrough, Padilla (6th Amendment), and Kennedy (child rape sentencing limits). Policy debates over mass incarceration, the relevance of the budget crisis, and the state-level variation in deincarceration. Shifting authority among key actors in the crack penalty/crack reform debate, including the Fair Sentencing Act (FSA). Expanded core study of discretion in sentencing and attention to race in sentencing, with a close study of the North Carolina Racial Justice Act and the emergence of “racial impact statements” about existing systems and proposed legislation ina number of states. Death penalty abolition. Developments in state sentencing guidelines, noting stand-still in new states, and the relevance of the ALI MPC project. Emergence of “second look” policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the “supervised release” that has come to replace traditional parole. Discussion of new technologies, developm

Ethics At 3 Am

Author: Richard Marshall
Publisher: Oxford University Press
ISBN: 019063572X
Size: 29.18 MB
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What do ethicists and moral philosophers really think about? What are the most pressing concerns in the discipline today? This collection of interviews with a range of interesting and original thinkers in the field provides a snapshot of contemporary ethics in all its complexity and nuance. It contains 25 probing interviews conducted by Richard Marshall of the cultural magazine 3AM, each consisting of a carefully condensed version of the interview, preceded by a brief biography of the interview subject. Marshall's questions are deeply knowledgeable while always accessible to the layperson, and the interviewees respond in kind with rich and opinionated responses. The result is a deeply engaging entree into the state of ethics today.

Rationale Based Defences In Criminal Law

Author: Mark Dsouza
Publisher: Bloomsbury Publishing
ISBN: 1509902961
Size: 56.79 MB
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PRAISE FOR THE BOOK "Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.†? Professor James Chalmers, University of Glasgow "Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.†? Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.