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Law, Ideology and Punishment

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Release : 2012-12-06
Genre : Philosophy
Kind : eBook
Book Rating : 994/5 ( reviews)

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Book Synopsis Law, Ideology and Punishment by : A.W. Norrie

Download or read book Law, Ideology and Punishment written by A.W. Norrie. This book was released on 2012-12-06. Available in PDF, EPUB and Kindle. Book excerpt: This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.

Law, Ideology and Punishment

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Author :
Release : 1990
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Law, Ideology and Punishment by : Alan W. NORRIE

Download or read book Law, Ideology and Punishment written by Alan W. NORRIE. This book was released on 1990. Available in PDF, EPUB and Kindle. Book excerpt:

Punishment and Responsibility

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Release : 2008-03-06
Genre : Law
Kind : eBook
Book Rating : 776/5 ( reviews)

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Book Synopsis Punishment and Responsibility by : H. L. A. Hart

Download or read book Punishment and Responsibility written by H. L. A. Hart. This book was released on 2008-03-06. Available in PDF, EPUB and Kindle. Book excerpt: This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.

State Punishment

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Release : 2012-10-12
Genre : Philosophy
Kind : eBook
Book Rating : 018/5 ( reviews)

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Book Synopsis State Punishment by : Nicola Lacey

Download or read book State Punishment written by Nicola Lacey. This book was released on 2012-10-12. Available in PDF, EPUB and Kindle. Book excerpt: Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.

Justifying Legal Punishment

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Release : 1997-11
Genre : Law
Kind : eBook
Book Rating : 83X/5 ( reviews)

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Book Synopsis Justifying Legal Punishment by : Igor Primoratz

Download or read book Justifying Legal Punishment written by Igor Primoratz. This book was released on 1997-11. Available in PDF, EPUB and Kindle. Book excerpt: While the philosophy of punishment is dominated by utilitarian and "mixed" theories, this study, written in the analytic tradition but also drawing on the views of Hegel, argues for a purely retributive view: all the main questions facing a theory of punishment are answered in terms of justice and desert, without any concessions to social expediency.

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