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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.
Report of the American Bar Foundation's survey of the adminstration of criminal justice in the United States.
This is the first study of guilt from a wide variety of perspectives: psychology, psychiatry, psychoanalysis, evolutionary psychology, anthropology, six major religions, four key moral philosophers, and the law. Katchadourian explores the ways in which guilt functions within individual lives and intimate relationships, looking at behaviors that typically induce guilt in both historical and modern contexts. He examines how the capacity for moral judgments develops within individuals and through evolutionary processes. He then turns to the socio-cultural aspects of guilt and addresses society's attempts to come to terms with guilt as culpability through the legal process. This personal work draws from, and integrates, material from extensive primary and secondary literature. Through the extensive use of literary and personal accounts, it provides an intimate picture of what it is like to experience this universal emotion. Written in clear and engaging prose, with a touch of humor, Guilt should appeal to a wide audience.
Vols. 64-96 include "Central law journal's international law list".
Explores the role of criminal intent in constituting felony in the first two centuries of the English criminal trial jury.
The author uses the treatment of moral dilemmas as the basis for an alternative view of the structure of ethics and its relation to human psychology. In its treatment of the role of emotion in ethics the argument of the book outlines a new way of packing motivational force into moral meaning that allows for a socially based version of moral realism.
"What can guilt, the painful sting of the bad conscience, tell us about who we are as human beings? Being Guilty seeks to answer this question through an examination of the views of Kant, Schelling, Schopenhauer, Paul Rée, Nietzsche, and Heidegger on guilt, freedom, responsibility, and conscience. The concept of guilt has not received sufficient attention from scholars of the history of German philosophy. Being Guilty addresses this lacuna and shows how the philosophers' arguments can be more deeply grasped once read in their historical context. A main claim of the book is that this history could be read as proceeding dialectically. Thus, in Kant, Schelling, and Schopenhauer, we find variations on the idea that guilt is justified because the human agent is a free cause of his or her own being-a causa sui-and thus responsible for his or her "ontological guilt." In contrast, in Rée and Nietzsche these ideas are rejected and the conclusion is reached that guilt is not justified, but is explainable psychologically. Finally, in Heidegger we find a synthesis of sorts, where the idea of causa sui is rejected, but ontological guilt is retained and guilt is seen as possible, because for Heidegger a condition of possibility of guilt is that we are ontologically guilty yet not causa sui. In the process of unfolding this trajectory, the various philosophers' views on these and many other issues are examined in detail"--
"The book investigates the role of guilt in the global discussion over locally specific legacies of mass violence and injustice. Guilt is an indispensable element in human social and emotional life that surfaces as a central phenomenon in the cultural politics of memory, transitional justice, and the aftermath of violence. The nuances and complexities of various national and historical guilt configurations fosters insight into guilt's transformative possibilities. The book interweaves specific case studies with broader theoretical reflections on the conditions that turn the emotional, legal, and cultural phenomenon of guilt into a culturally transformative dynamic that repairs relationships, equalizes power dynamics, demands new social orders, and creates literary, artistic, and religious productions and performances. The authors examine different case studies on the basis of discipline-specific definitions of guilt, ranging from psychology to law, philosophy to literature, religion, history and anthropology. The contributors generally approach guilt less as a personal emotion than as a socio-legal, moral and culturally ambivalent force that mandates ritual performance, political negotiation, legal adjudication, artistic and literary representation, as well as intergenerational transmission. The book calls for a more nuanced understanding of the world's-and of history's-diversity of guilt concepts and the cultivation of cultural strategies to negotiate guilt relations in specific religious, cultural, and local ways"--
How do psychoanalysts explain human morality? Guilt and Its Vicissitudes: Psychoanalytic Reflections on Morality focuses on the way Melanie Klein and successive generations of her followers pursued and deepened Freud's project of explaining man's moral sense as a wholly natural phenomenon. With the introduction of the superego, Freud laid claim to the study of moral development as part of the psychoanalytic enterprise. At the same time he reconceptualized guilt: he thought of it not only as conscious, but as unconscious as well, and it was the unconscious sense of guilt that became a particular concern of the discipline he was founding. As Klein saw it, his work merely pointed the way. Judith M. Hughes argues that Klein and contemporary Kleinians went on to provide a more consistent and comprehensive psychological account of moral development. Hughes shows how Klein and her followers came to appreciate that moral and cognitive questions are complexly interwoven and makes clear how this complexity prompted them to extend the range of their theory. Hughes demonstrates both a detailed knowledge of the major figures in post-war British psychoanalysis, and a keen sensitivity to the way clinical experience informed theory-building. She writes with vigor and grace, not only about Freud and Klein, but also about such key thinkers as Riviere, Isaacs, Heimann, Segal, Bion and Joseph. Guilt and Its Vicissitudes speaks to those concerned with the clinical application of psychoanalytic theory and to those interested in the contribution psychoanalysis makes to understanding questions of human morality.