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The Limits of Blame

2018-11-12 Philosophy
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Release : 2018-11-12
Genre : Philosophy
Kind : eBook
Book Rating : 778/5 ( reviews)

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Book Synopsis The Limits of Blame by : Erin I. Kelly

Download or read book The Limits of Blame written by Erin I. Kelly. This book was released on 2018-11-12. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

The Limits of Blame

2018-11-12 Philosophy
Download The Limits of Blame PDF Online Free

Author :
Release : 2018-11-12
Genre : Philosophy
Kind : eBook
Book Rating : 414/5 ( reviews)

GET EBOOK


Book Synopsis The Limits of Blame by : Erin I. Kelly

Download or read book The Limits of Blame written by Erin I. Kelly. This book was released on 2018-11-12. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Overcriminalization

2008-01-08 Philosophy
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Release : 2008-01-08
Genre : Philosophy
Kind : eBook
Book Rating : 996/5 ( reviews)

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Book Synopsis Overcriminalization by : Douglas Husak

Download or read book Overcriminalization written by Douglas Husak. This book was released on 2008-01-08. Available in PDF, EPUB and Kindle. Book excerpt: The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

Placing Blame

2010 Criminal law
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Author :
Release : 2010
Genre : Criminal law
Kind : eBook
Book Rating : 491/5 ( reviews)

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Book Synopsis Placing Blame by : Michael S. Moore

Download or read book Placing Blame written by Michael S. Moore. This book was released on 2010. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.

The Blame Game

2013-12-01 Political Science
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Release : 2013-12-01
Genre : Political Science
Kind : eBook
Book Rating : 123/5 ( reviews)

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Book Synopsis The Blame Game by : Christopher Hood

Download or read book The Blame Game written by Christopher Hood. This book was released on 2013-12-01. Available in PDF, EPUB and Kindle. Book excerpt: The blame game, with its finger-pointing and mutual buck-passing, is a familiar feature of politics and organizational life, and blame avoidance pervades government and public organizations at every level. Political and bureaucratic blame games and blame avoidance are more often condemned than analyzed. In The Blame Game, Christopher Hood takes a different approach by showing how blame avoidance shapes the workings of government and public services. Arguing that the blaming phenomenon is not all bad, Hood demonstrates that it can actually help to pin down responsibility, and he examines different kinds of blame avoidance, both positive and negative. Hood traces how the main forms of blame avoidance manifest themselves in presentational and "spin" activity, the architecture of organizations, and the shaping of standard operating routines. He analyzes the scope and limits of blame avoidance, and he considers how it plays out in old and new areas, such as those offered by the digital age of websites and e-mail. Hood assesses the effects of this behavior, from high-level problems of democratic accountability trails going cold to the frustrations of dealing with organizations whose procedures seem to ensure that no one is responsible for anything. Delving into the inner workings of complex institutions, The Blame Game proves how a better understanding of blame avoidance can improve the quality of modern governance, management, and organizational design.

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