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The Meaning And Nature Of Punishment

Author: David Shichor
Publisher: Waveland Press
ISBN: 1478610212
Size: 66.99 MB
Format: PDF
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There are conflicting theories and opinions about the laws, rules, and customs that regulate everyday life and about how to deal with those who violate accepted standards. Formal punishment of individuals as an organized reaction to lawbreaking prompts serious debates concerning justice versus utility, universality versus particularity, and consensus versus conflict. The problematic nature of punishment has been a major philosophical and practical concern in Western societies for centuries. Who has the right to punish? How should society punish? How much punishment is just? Punishment involves agencies and representatives of government depriving people of their liberty. It is a means of social control intended to cause a measure of "suffering" to those who violate the law and harm others. Punishing a member of society raises serious moral and ethical concerns; it also raises questions about social issues such as equality and discrimination. Punishment is a component of the criminal justice system commonly taken for granted. Most individuals have an opinion about punishment based on their general view of what is right and what is wrong. There are, however, invisible aspects of punishment that affect not only those who break the law and those directly affected by the incarceration of the lawbreaker but also the society that decides what type of punishment is meted out. The theoretical arguments and justifications for punishment reveal the values of society concerning justice, human rights, social equality, and relations between the state and its citizens.

Discipline Punish

Author: Michel Foucault
Publisher: Vintage
ISBN: 0307819299
Size: 58.16 MB
Format: PDF, ePub
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In this brilliant work, the most influential philosopher since Sartre suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.

The Problem Of Punishment

Author: David Boonin
Publisher: Cambridge University Press
ISBN: 1139470787
Size: 39.49 MB
Format: PDF, ePub
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In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.

Crime And Punishment In America

Author: Elliott Currie
Publisher: Macmillan
ISBN: 1250024218
Size: 48.18 MB
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An acclaimed criminologist examines America's ongoing war against violent crime, arguing that ever-increasing rates of imprisonment have not reduced--and will not reduce--crime rates and offering a range of tested alternatives based on deterrence. Tour.

Good Punishment

Author: James Samuel Logan
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802863248
Size: 11.80 MB
Format: PDF
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More than 2 million persons occupy America's prisons and jails today -- the highest per capita incarceration rate in U.S. history. With just 6 percent of the world's population, the United States now holds 25 percent of its prisoners. At what social cost do we build and fill more prisons? In Good Punishment? James Samuel Logan critiques the American obsession with imprisonment as punishment, calling it "retributive degradation" of the incarcerated. His analysis draws on both salient empirical data and material from a variety of disciplines -- social history, anthropology, law and penal theory, philosophy of religion -- as he uncovers the devastating social consequences (both direct and collateral) of imprisonment on such a large, unprecedented scale. A distinctive contribution of this book lies in its development of a Christian social ethics of "good punishment" embodied as a politics of "healing memories" and "ontological intimacy." Logan earnestly explores how Christians can best engage with the real-life issues and concerns surrounding the American practice of imprisonment.

Money And The Governance Of Punishment

Author: Patricia Faraldo Cabana
Publisher: Routledge
ISBN: 113487264X
Size: 38.76 MB
Format: PDF, Docs
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Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.