Punishment and Responsibility

Punishment and Responsibility
Author: H.L.A. Hart
Publisher: Oxford University Press
Total Pages: 332
Release: 2008-03-06
Genre: Law
ISBN: 0199534772

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This collection of essays represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. This edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

The Limits of Blame

The Limits of Blame
Author: Erin I. Kelly
Publisher: Harvard University Press
Total Pages: 241
Release: 2018-11-12
Genre: Philosophy
ISBN: 0674989414

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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.

Responsibility and Punishment

Responsibility and Punishment
Author: J. Angelo Corlett
Publisher: Springer Science & Business Media
Total Pages: 274
Release: 2013-12-23
Genre: Law
ISBN: 9400707762

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This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new retributivism defended therein. Finally, chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”—John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside.

On Guilt, Responsibility, and Punishment

On Guilt, Responsibility, and Punishment
Author: Alf Ross
Publisher: Univ of California Press
Total Pages: 204
Release: 1975-01-01
Genre: Law
ISBN: 9780520027176

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Selected essays originally published as a book in Danish in 1970. Three had been published before then in English, but the others are new. All deal with concepts common to law and morality. "They function in the same way in legal and moral discourse: guilt determines responsibility, and responsibility punishment. But the conditions under which a person incurs guilt differ according to whether the guilt is legal or moral, as do also the manner in which the responsibility takes effect and the penal reaction itself." Cf. Preface, page v.

The Future of Punishment

The Future of Punishment
Author: Thomas A. Nadelhoffer
Publisher: Oxford University Press
Total Pages: 310
Release: 2013-03-01
Genre: Philosophy
ISBN: 019977935X

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Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility. While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.

Punishment and Responsibility

Punishment and Responsibility
Author: Herbert Lionel Adolphus Hart
Publisher:
Total Pages: 277
Release: 1968
Genre: Criminal liability
ISBN:

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Punishment, Responsibility, and Justice

Punishment, Responsibility, and Justice
Author: Alan W. Norrie
Publisher:
Total Pages: 242
Release: 2000
Genre: Criminal justice, Administration of
ISBN:

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The Age of Culpability

The Age of Culpability
Author: Gideon Yaffe
Publisher: Oxford University Press
Total Pages: 252
Release: 2018-03-02
Genre: Philosophy
ISBN: 0192524933

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Why be lenient towards children who commit crimes? Reflection on the grounds for such leniency is the entry point into the development, in this book, of a theory of the nature of criminal responsibility and desert of punishment for crime. Gideon Yaffe argues that child criminals are owed lesser punishments than adults thanks not to their psychological, behavioural, or neural immaturity but, instead, because they are denied the vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The centrepiece of this discussion is the theory of criminal culpability. To be criminally culpable is for one's criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons.