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First published in 1929, this book explores the crucial, ethical question of the objects and the justification of punishment. Dr. A. C. Ewing considers both the retributive theory and the deterrent theory on the subject whilst remaining commendably unprejudiced. The book examines the views which emphasize the reformation of the offender and the education of the community as objects of punishment. It also deals with a theory of reward as a compliment to a theory of punishment. Dr. Ewing's treatment of the topics is philosophical yet he takes in to account the practical considerations that should determine the nature and the amount of the punishment to be inflicted in different types of cases. This book will be of great interest to students of philosophy, teachers and those who are interested in the concrete problems of punishment by the state. It is an original contribution to the study of a subject of great theoretical and practical importance.
Punishment is a phenomenon which occurs in many contexts. Discussions of punishment assume punishment is criminal punishment carried out by the State. This book contains an account of punishment which overcomes the difficulties of competing accounts and treats punishment comprehensibly to better understand how it differs from similar phenomena, discussing its justification fruitfully.
Punishment is an area of increasing importance and concern to both citizens and politicians. How do we decide what should be crimes? How do we decide when someone is responsible for a crime? What should we do with criminals? These are the main questions raised in this book.
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.
Cragg combines the findings of contemporary studies, reports and papers focusing on crime, punishment and penal practice with philosophical argument and thereby constructs a radical theory of restorative justice.
War wounds the soul. It is not only the violence that warfighters suffer against them that harms, but also the violence that they do. These soul wounds have come to be known as moral injuries: psychic traumas that occur from having done or condoned that which goes against deeply held moral principles. It is not surprising that the committing of atrocities or the accidental killing of the innocent would hurt the soul of warfighters. The problem is that many warfighters at least tacitly follow the commonplace belief that killing another human being is always wrong--it's just that sometimes, as in war, it is necessary. This paradoxical commitment makes the very business of warfighting morally injurious. This problem is also a crisis. Clinical research among combat veterans has established a link between killing in combat and moral injury and between moral injury and suicide. Our warfighters, even those who have served honorably and with the right intentions, are dying by their own hands at devastating rates--casualties not of the physical threats of war, but of the moral ones. It does not have to be this way. The just war tradition, a moral framework for thinking about war that flows out of our Greco-Roman and Hebraic intellectual traditions, is grounded in the basic truth that killing comes in different kinds. While some kinds of killing, like murder, are always wrong, there are other kinds of killing that are morally neutral, such as unavoidable accidents, and still other kinds that are morally permitted--even, sometimes, obligatory. The Good Kill embraces this tradition to argue for the morality of killing in justified wars. Marc LiVecche does not deny the morally bruising realities of combat, but offers potential remedies to help our warfighters manage the bruising without becoming irreparably morally injured.