2 edition of justification of punishment found in the catalog.
justification of punishment
Written in English
Thesis (M.A.) - University of Sheffield, Centre for Criminological and Socio-Legal Studies, 1993.
The Rationale of Punishment Book I General Principles Chapter III Of the Ends of Punishment. When any act has been committed which is followed, or threatens to be followed, by such effects as a provident legislator would be anxious to prevent, two wishes naturally and immediately suggest themselves to his mind: first, to obviate the danger of the like mischief in future: secondly, to. Antony Flew, ‘The Justification of Punishment’. Philosophy, 29, S I Benn, ‘An Approach to the Problems of Punishment’  Philosophy , HLA Hart, Punishment and Responsibility (1st, Clarendon Press, Oxford ) 5.
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He uses this to extend the debate on punishment, as well as political theory, in an original and stimulating manner. While this book does not give enough weight to utilitarian theory (but justification of punishment book does nowadays) it still manages to tackle some of the weightiest issues that have been debated through the history of Western by: tion.
The justification of punishment by necessity would be too apparent to need proof, however, in spite of such allegations except that, as the categorical recognition of a truth is always an advance in knowledge, so the categorical recognition of this truth prepares the way for a clear un-derstanding of the bases of punishment and is a long step.
“The Justification of Punishment” - Volume 29 Issue To send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Cited by: Consequentialist theories justify punishment on the basis of social benefit.
They are classified as forwardlooking because they take the future benefit of justification of punishment book to be a necessary condition for punishment. Criticisms of consequentialist approaches center on worries that social utility will take precedence over wrongdoers' rights or even lead.
If legal punishment is, as its rarional justification requires, the most economical means of minimising law-breaking and, thireby, of maximising well-being and security, and if, : Kevin Magill. The Justification of Deserved Punishment Via General Moral Principles. Stephen Kershnar - - Southern Journal of Philosophy 33 (4) The Expressivist Account of Punishment, Retribution, and the Emotions.
Thomas Aquinas and the Philosophy of Punishmentexplores how Aquinas's understandings of natural law and the common good apply to the contemporary philosophical discussion of punitive justice.
It is the first book-length study to consider this question in decades, and the only book that confronts modern views of the topic. This book constitutes an important contribution to the recent academic debate on punishment and regulation, particularly among criminal law and criminology scholars.
One of the main conclusions that can be drawn from this book is that the line dividing punishment and regulation, the punitive or regulatory nature behind a certain measure, is. For a thorough discussion of the literature in this regard see the second chapter of my book, supra, note 2, entitled “The Point of Punishment—Forward-looking Accounts”.
See, for example, von Hirsch, Andrew, Doing Justice: The Choice. The big difference is that philosophers are typically interested in the justification of Punishment understood as the entire exercise of repressive justice, whereas judges are more likely to have face challenges to the criminalization of certain specific offences or punishment in individual cases.
This chapter develops a distinctive way of understanding the structure of retributivist theories of punishment. In particular, the chapter presents an approach to retributivism that allows it to respond to an important objection to retributivism according to which retributivism implies that whenever someone deserves to suffer, the state should seek to bring it about that the individual does.
For better or worse, punishment tends to convey a public message of moral disapproval of the criminal conduct; and, though this de facto expressive function is not for Kant, the purpose or justification of punishment, it may help explain his concern for making the severity of punishments proportional to the gravity of crimes and his refusal to allow exceptions for merely pragmatic reasons.
Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn. In other words, it's “my truth” as applied to punishment.
The Bible speaks of justification, the state of being made righteous in the sight of God, through faith in Jesus. The Book of. Page General prevention ought to be the chief end of punishment, as it is its real justification.
If we could consider an offence which has been committed as an isolated fact, the like of which would never recur, punishment would be useless. It would be only adding one evil to another.5/5(1). Though it involves significant harms and is a widespread and entrenched practice, legal punishment lacks a sure philosophical footing.
In spite of frequent attempts by utilitarians, retributivists and so called "mixed solution" advocates (particularly during the twentieth century) the problem of. The second justification of punishment is deterrence. Deterrence is an attempt to discourage the act of crime by the use of punishment.
Deterrence is a form of punishment that uses examples of different punishments that have been used in the past in order to keep someone from committing a criminal act.
Understanding Punishment and its Purpose To have an understanding of which type of punishment offers the most credible justification of such pervasive human act, we must first have an understanding of the concept of punishment.
Punishment is always coined as legal because of it is written in the legislation. This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war.
Ted Honderich's Punishment is the best-known book on the justifications put forward for state punishment. This enlarged and developed edition brings his writing to a new audience. With new chapters on determinism and responsibility, plus a new conclusion, the book also remains true to its original realism about almost all talk of retribution and proportionality/5(1).
Finally, the argument attempts to draw attention to those parts of the two main approaches to punishment that need to be retained in any convincing justification of the practice.
Given that what is needed is a theory of punishment grounded in a broader theory of morality or of justice, the purpose of the next three chapters is to examine recent.
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. The book argues the case for judicial corporal punishment (JCP). It was first published in Briefly, he argues that JCP can be justified on the grounds that society requires offenders to be punished as well as reformed, and that prison does neither properly, as well as costing the taxpayer a fortune.
JUSTIFICATION OF. PUNISHMENT PUNISHMENT its point is to inflict discomfort on the recipient involves the intentional infliction of pain and/or the deprivation of rights and liberties.
involves the deliberate infliction of suffering on a supposed or actual offender for an offense such as a moral or legal transgression Justifications for punishment typically take FIVE FORMS: (1) retributive (2. 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).
The Justification of Punishment and the Justification of Political Authority. Michael Philips - - Law and Philosophy 5 (3) - Unintentional Punishment.
Comparatively little of the book is dedicated to examining existing theories of punishment; instead it seems to raise a myriad of issues seemingly unrelated to punishment or philosophy of law, such as Kant's third Analogy, theories of real vs logical negation, and later issues of property, and recognition.
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, &.
Additionally, because punishment turns on what we are morally responsible for, and responsibility is incompatible with luck, luck’s pervasiveness in our lives undermines punishment’s justification.
This elegantly written book is highly accessible to as wide an audience as possible. It reflects the work of an incisive critic and an. Because justification of punishment, in general is unnecessary. It is the justification of particular infliction of pain (or punishment) that can be enquired of.
As a man can legitimately ask for justification of a particular law of a state. However, nobody enquires of the justification of legal system or of law in general. Justifying Legal Punishment offers a cogent defense of retributivism a biting critique of utilitarian justifications of punishment, and a tentative defense of capital punishment A particularly timely book, given the precarious progress of retributivism in the twentieth century.-EthicsBy producing the present, clear, comprehensive, and compelling defense of a strict retributivist.
The justification of punishment is an age-old debate which continues unresolved. In late twentieth century several attempts were made to reconcile the two opposing justifications: retributivism and consequentialism. But these attempts focused narrowly on merely one manifestation of punishment, i.e.: criminal punishment carried out by the state.
Surprisingly, however, the vast literature on punishment has given remarkably short shrift to the question of what is meant and entailed by a demand that punishment be justified. This paper seeks to rectify that oversight by analyzing both what it means to demand justification for a given practice and how such a demand can be satisfied.
think this sort of patchwork approach to punishment will work and, in this article, I explore the idea that the moral education view can, by itself, give an adequate justification of punishment. See also Nozick's recent book Philosophical Explanations (Cambridge: Harvard Uni-versity Press, I98I), pp.
Book Review: Punishment Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals.
Is the death penalty ever justified. Thom Brooks aims to address such questions in this critical introduction to the philosophy of punishment. Examining case studies including capital punishment, juvenile. Criminal punishment requires clear and convincing justification for two essential reasons.
First, such punishment is, almost by definition, unpleasant and harmful to the offender, at least in the short term: it deliberately brands and stigmatizes that person as a wrongdoer, usually involves some loss of liberty or other harsh treatment, and.
-holds that the justification of a practice depends only on its consequences -purpose is to maximize the net happiness of society -believes that the pain inflicted by punishment is justifiable if, and only if, it is expected to result in a reduction in the pain of crime that otherwise would occur.
First and foremost, the theory of punishment is retribution theory. Retribution is probably the oldest and most ancient justification for punishment, according to which a wrong is made right by an offender’s receiving his just deserts.
Retribution is the theory that criminals should pay for their crime. Sometimes punishment is said to be justified because it reforms people, but usually this putative justification of punishment receives short shrift in the philosophical literature; reform is reform and punishment is punishment.
In other words the concepts of punishment and reform are claimed to be logically distinct. Punishment is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority —in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable.
The reasoning may be to condition a child to avoid self-endangerment, to impose social conformity (in. the ethics of capital punishment a philosophical investigation of evil and its consequences Posted By Eiji Yoshikawa Media Publishing TEXT ID e1dc Online PDF Ebook Epub Library gbp isbn 0 19 2 in the ethics of capital punishment matthew kramer takes a fresh look at the philosophical arguments on which the legitimacy of the death.punishment communication and community studies in crime and public policy Posted By Edgar Wallace Media Publishing TEXT ID d Online PDF Ebook Epub Library jacket in good condition please note the image in this listing is a stock photo and may not match the covers of the actual itemgrams isbn crime punishment and.Not only does the book manage to avoid being embroiled in such debates, it is also not a mere (re)description and application of what is already said in the literature on the justification of punishment; an approach that is sometimes all too characteristic of the kind of projects that Hoskins is engaged in – i.e.
whether this or that measure.