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The Meaning And Nature Of Punishment

Author: David Shichor
Publisher: Waveland Press
ISBN: 1478610212
Size: 69.92 MB
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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.

Rehabilitating And Resettling Offenders In The Community

Author: Anthony H. Goodman
Publisher: John Wiley & Sons
ISBN: 1118312244
Size: 25.99 MB
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Rehabilitating and Resettling Offenders in the Community isa significant examination of the historical development of workwith offenders and their treatment by the state and society. Itoffers unique perspectives and a wealth of information drawn fromnumerous interviews with probation staff. Highlights how the work of probation staff has changed overtime and the reasons behind these changes Includes discourse with probation staff carried out over manyyears for a comprehensive, ‘insiders’ view of thesituation Focuses on contemporary issues, including the changes broughtin by the Conservative/Liberal Democrat coalition Written by a leading academic with extensive experience in theprobation service

Punishment Communication And Community

Author: R. A. Duff
Publisher: Oxford University Press on Demand
ISBN: 9780195166668
Size: 46.48 MB
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The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.

The Withdrawal Of Rights

Author: O. Ezra
Publisher: Springer Science & Business Media
ISBN: 9781402008863
Size: 30.20 MB
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Like most discussions within the tradition of rights-talk, this study is motivated by the desire to promote the idea that rights are moral assets that people should acquire in the course of their membership within social and political frameworks. However, while most participants in rights-talk concentrate on the safety and protection constraints required for a successful exercising of rights, the present study inquires into the circumstances under which people's rights lose their validity. The author believes that if we want to prevent the erosion of the role of rights within society and to encourage their obligatory status, we should prevent their misuse, or their unjustified or excessive use. Those who have interests in rights, and are concerned about their withdrawal or denial, will find a unique and inventive way of dealing both with the use, as well as the abuse of rights.