Contemporary punishment: views, explanations, and justifications.

by Rudolph Joseph Gerber

Publisher: University of Notre Dame Press in Notre Dame [Ind.]

Written in English
Published: Pages: 267 Downloads: 372
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Subjects:

  • Punishment -- Addresses, essays, lectures,
  • Criminal justice, Administration of -- Addresses, essays, lectures

Edition Notes

Includes bibliographical references.

StatementRudolph J. Gerber and Patrick D. McAnany, editors. With a foreword by Norval Morris.
ContributionsMcAnany, Patrick D., joint comp.
Classifications
LC ClassificationsLAW
The Physical Object
Paginationviii, 267 p.
Number of Pages267
ID Numbers
Open LibraryOL5332250M
LC Control Number72185410

DEATH PENALTY: CONTEMPORARY ISSUES Capital Punishment, legal infliction of death as a penalty for violating criminal law. Throughout history people have been put to death for various forms of wrongdoing. Methods of execution have included such practices as crucifixion, stoning, drowning, burning at the stake, impaling, and beheading. The sociology of punishment seeks to understand why and how we punish; the general justifying aim of punishment and the principle of distribution. Punishment involves the intentional infliction of pain and/or the deprivation of rights and liberties. Sociologists of punishment usually examine state-sanctioned acts in relation to law-breaking; why, for instance, citizens give consent to the.   Recent Public Opinion in the United States Toward Punishment and Corrections. CHRISTOPHER A. INNES. The Prison Garland, D. (). Punishment and modern society. Chicago: University of Chicago Press (Eds.), Contemporary punishment: Views, explanations, and justifications. London: University of Notre Dame Press. Google by: Punishment is an evil inflicted upon a wrongdoer, as a wrongdoer, on behalf and at the discretion of the society, in its corporate capacity, of which he is a permanent or temporary member. The next few chapters, which are devoted to a critical study of current views on the genesis of punishment, will.

This chapter focuses on recasting the retributivism of Immanuel Kant, grounding it in his demands for civic respect and political equality. Historically, many have thought of Kant’s account of the purpose and justification of punishment for legal offenses as a paradigm example of thoroughgoing retributivism. The chapter offers a detailed examination of the justification Kant provides for Author: Sarah Holtman. Enlightenment and a classic text of modern penality. An impassioned critique of the punishment practices of the iesseventeenth and eighteenth, which Beccaria centur perceived to be excessive, brutal, arbitrary, and unequal, On Crimes and Punishments is a manifesto for legal reform centered on the Enlightenment values of rationality,Cited by: This book offers analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than to serve some general social purpose such as deterrence or individual purpose such as rehabilitation of the criminal or the vengeance of the victim. the competing theories and justifications of legal punishment. In this section I shall take as a contemporary example of this legacy the work of Richard Posner, even though for a technical reason Posner distinguishes his account from utilitarianism. [] Posner takes utilitarianism to the extreme in accounting for many aspects of the practice of legal punishment.

The argument between retributivists and consequentialists about what morally justifies the punishment of offenders is incoherent. If we were to discover that all of the contending justifications were mistaken, there is no realistic prospect that this would lead us to abandon legal punishment. Justification of words, beliefs and deeds, can only be intelligible on the assumption that if one's. While clearly important for scholars of the history of German idealism, Merle's book will also be of interest to those interested in the history and justification of punishment, especially philosophers of law, and historians of ethics and political philosophy. Part I of the book concerns Kant's treatment of punishment.

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Contemporary Punishment: Views, Explanations and Justifications [R J. McAnany, P D. Gerber] on *FREE* shipping on qualifying offers. Contemporary Punishment: Views, Explanations, & Justifications Paperback – by RUDOLPH J.

- PATRICK D. McANANY (EDITORS) GERBER (Author) See all formats and editions Hide other formats and editions. Price New from Used from Paperback, "Please retry" Author: RUDOLPH J. - PATRICK D. McANANY (EDITORS) GERBER. Contemporary punishment: Contemporary punishment: views, explanations, and justifications.

Notre Dame [Ind.] University of Notre Dame Press [] (OCoLC) Document Type: Book: All Authors / Contributors: Rudolph J Gerber; Patrick D McAnany.

Hence, the book offers a defence not only of a communicative view of punishment but also of Contemporary punishment: views deterrence as central to the justification of punishment.

This view is developed in the light of Author: Mitchell N. Berman. PUNISHMENT, VALUES, AND JUSTIFICATIONS [☛ read the rest of the Symposium on Leo Zaibert, Rethinking Punishment ()]Leo Zaibert*.

I would like to thank the Centre for Ethics at the University of Toronto, and especially its Director, Markus Dubber, for organizing this Book Symposium around Rethinking I would, of course, also like to thank Alejandro Chehtman, Leora.

He is committed to the view that the general justifying aim is one of social benefit.(11) On his hybrid theory, other values of importance to society may be included as part of a "morally acceptable account"(12) of the and justifications. book social institution but not as the justifying aim of punishment itself.(13) In short, Hart's mixed theory does not Contemporary punishment: views.

Justifications for Punishment in Modern Society Words | 7 Pages. Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens,p.6).

'David Boonin's book combines an incredible command of the literature with an organized and careful discussion this is the best book ever written on the philosophy of punishment must reading for anyone who wants to explore the moral status of punishment.' Stephen Kershnar - State University of New York, FredoniaAuthor: David Boonin.

grounds and to clarify the relationship between punishment and justice. Traditionally, deontological justifications, utilitarian justifications, or a mix of the two have been advanced to justify the imposition of punishment upon wrongdoers. In this article, I advance a new conceptual spin on theFile Size: KB.

Contents Preface to the first edition ix Preface to the second edition xv Introduction:a sketch of the sources and nature of belief,justification,and knowledge 1 Perception,belief,and justification 1 Justification as process,as status,and as property 2 Knowledge and justification 3 Memory,introspection,and self-consciousness 4 Reason and rational reflection 5 File Size: 1MB.

One way of controlling and reducing crime is to punish offenders. Given that punishment typically involves restricting people’s freedom and sometimes inflicting harm on people, it requires some justification as a strategy for crime control.

Two main justifications exist for punishment: Crime reduction and retribution. These methods link to different penal policies. CONTEMPORARY PUNISHMENT: VIEWS, EXPLANATIONS, AND JUSTIFICATIONS (R. Gerber & D. McAnany eds.

) [hereinafter cited as CONTEMPORARY PUNISHMENT]. Yet the proposed new Federal crimi­ nal code attempts to satisfy all of these objectives and more. Criminal Code Reform Act. See e. g., Hampton, Jean, “ The Moral Education Theory of Punishment ” () 13 Phil.

& Publ. Aff. at [hereinafter Hampton, Moral Education]; Mabbott, J. D., “ Punishment as a Corollary of Rule-Breaking ” in Gerber, Rudolph J. & McAnany, Patrick D., eds., Contemporary Punishment: Views, Explanations, and Justifications.

I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to : Whitley R.

Kaufman. This view grounds the justification of punishment in what offenders owe to the victim. and various aspects of moral and political philosophy. His latest book is The Ends of Harm: The Moral. trends of punishment's philosophy developed by the pioneers of. moral justification for punishment, and as a sort of repayment for wrongful.

This study provides an account of the forms, functions, and significance of punishment in modern society. Arguing that penal institutions are social and cultural artefacts as well as techniques of crime-control, the book explores the ways in which penality interacts with a variety of social forces, including strategies of power, socio-economic structures, and cultural sensibilities.

Because the justification of legal punishment has been given greater consideration by philosophers than has the justification of divine punishment by theologians, the philosophical concepts and 'theories of punishment, (i.e. the justifications) will be used as a basis for considering divine punishment.

This chapter examines the central issues for the justification of criminalization and punishment in the context of criminal law. Specifically, it considers whether there is a class of acts (or omissions) that warrants the use of the label of crime as appropriate.

It initially discusses what kind of theory is suitable for grasping and grounding criminalization and punishment, focusing on three Author: Emmanuel Melissaris.

The justifications and explanations of imprisonment: Lessons from criminal policy developments in Sweden, Scandinavia and Western Europe. In Política criminal y libertad. Universidad externado de Colombia. doi/hor: Henrik Tham.

Punishment in its very conception is now acknowledged to be an inherently retributive practice, whatever may be the further role of retribution as a (or the) justification or goal of punishment.

A liberal justification of punishment would proceed by showing that society needs the threat and the practice of punishment, because the goal of social.

CHAPTER 1. The Sociology of Punishment and Punishment Today. The problem of punishment today. The aim of this book is simple. It sets out to provide a rounded sociological account of punishment in modern society, showing—at least in outline—how penal processes come to exist in their present form and with what kinds of : The History of Punishment: What Works for State Crime.

Second Place Paper, Spring By Jennifer Marson Department of Sociology @ Graeme Newman () perhaps said it best when he stated, “The only aspect of punishment that needs justification is its distribution” (p.4).

Newman was referencing theAuthor: Jennifer Marson. Book Summary To prove his theory, he murders an old, despicable pawnbroker and her half-sister who happened to come upon him suddenly. Immediately after the crime, he becomes ill and lies in his room semi-conscious for several days.

A popular reason for punishment is that it gets criminals off the streets and protects the public. The idea is to remove an offender from society, making it physically impossible (or at least very difficult) for him or her to commit further crimes against the public while serving a sentence.

Incapacitation works as long as the offenders remain. To base a justification of punishment on threat is to liken it to the act of a man who lifts his stick to a dog instead of with the freedom and respect due to him as a man (Hegel, /, p.

Another influential positive retributivist approach views punishment as a means to restore the balance of benefits and burdens in society. Our. The History of Criminology Crime and Criminology, From the Ancients to the Renaissance.

the concepts continue to prevail in our secular views of crime and punishment. In his book, "On Crime and Punishment," Italian writer Cesare Beccaria advocated for a fixed scale of crime and corresponding punishment based on the severity of the crime.

No book has had as much influence in destroying the New Testament conception of justification among English-speaking readers as that of J. Newman, Lectures on Justification,3rd edition,which contains some of the finest passages in religious literature (pp.), but which was so sympathetic to the Catholic view.

The other favorite came from the Apostle Paul’s Epistle to the Ephesians, VI, “Servants, be obedient to them that are your masters according to the flesh, with fear and trembling, in Author: Noel Rae.

to leap from explanation to justification (or criticism): the radical critics fail (1) to consider practical alternatives to punishment, and (2) to engage in dialogue with those inside the practice.

Justifiers typically argue for this over that: we should, rather than not, criminalize marijuana use; this woman, not that, should be indicted; he. Search the world's most comprehensive index of full-text books.

My library. Contemporary Criminal Law, Second Edition combines the traditional concepts and cases found in undergraduate texts with unique learning tools, resulting in an engaging, modern text that has enjoyed success with students and instructors nationwide.

The text covers both traditional and cutting-edge topics, such as terrorism, computer crimes, and hate crimes, in a student-friendly way.views on punishment, though made up of ideas scattered throughout the GM, can be reasonably believed to consist in his unified view of punishment instead of different views in various sections.

For example, he discusses master and slave moralities in the first essay and the creditor debtor relationship in Author: Erik Jay Hascal.Theodicy (/ θ iː ˈ ɒ d ɪ s i /) means vindication of is to answer the question of why a good God permits the manifestation of evil, thus resolving the issue of the problem of theodicies also address the evidential problem of evil by attempting "to make the existence of an all-knowing, all-powerful and all-good or omnibenevolent God consistent with the existence of evil or.