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Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
This book critically evaluates the way ordinary people enforce morality in everyday life.
The philosophical discussion of state punishment is well on in years. In contrast with a large number of ethical problems which are concerned with right and wrong in relation to a narrowly specified area of human life and practice and which hav- at least since the early 70’s - been regarded as a legitimate part of philosophical thinking constituting the area of applied ethics, reflections on punishment can be traced much further back in the history of western philosophy. This is not surprising. That the stately mandated infliction of death, suffering, or deprivation on citizens should be met with hesitation - from which ethical reflections may depar- seems obvious. Such a practice certainly calls for some persuasive justification. It is therefore natural that reflective minds have for a long time devoted attention to punishment and that the question of how a penal system can be justified has constituted the central question in philosophical discussion. Though it would certainly be an exaggeration to claim that the justification question is the only aspect of punishment with which philosophers have been concerned, there has in most periods been a clear tendency to regard this as the cardinal issue. Comparatively much less attention has been devoted to the more precise questions of how, and how much, criminals should be punished for their respective wrong-doings. This may, of course, be due to several reasons.
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.
Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.
This volume argues that a wide range of policies in the international system today – economic sanctions, military intervention, and counter terrorism policy – are part of a ‘punitive ethos’ that has arisen since the end of the Cold War.
Why do we universally punish offenders? This book proposes that people possess a moral punish instinct: a hard-wired tendency to aggress against those who violate the norms of their group. This instinct is reflected in how punishment originates from moral emotions, stimulates cooperation, and shapes the social life of human beings.
The author critiques the American obsession with imprisonment as punishment, calling it "retributive degradation" of the incarcerated. His analysis draws on both salient empirical data and material from a variety of disciplines - social history, anthropology, law and penal theory, philosophy of religion - as he uncovers the devastating social consequences (both direct and collateral) of imprisonment on such a large, unprecedented scale. The book develops a Christian social ethics of "good punishment" embodied as a politics of "healing memories" and "ontological intimacy"
The aim of this book is to assess the moral permissibility of corporal punishment and to enquire into whether or not it ought to be legally prohibited. Against the widespread view that corporal punishment is morally legitimate and should be legally permitted provided it falls short of abuse, Patrick Lenta argues that all corporal punishment, even parental spanking, is morally impermissible and ought to be legally proscribed. The advantages claimed for corporal punishment over alternative disciplinary techniques, he contends, are slight or speculative and are far outweighed by its disadvantages. He presents, in addition, a rights-based case against corporal punishment, arguing that children possess certain fundamental rights that all corporal punishment of them violates, namely the right to security of the person and the right not to be subjected to degrading punishment. Lenta’s approach is unique in that it engages with empirical literature in the social sciences in order to fully examine the emotional and psychological effects of corporal punishment on children. Corporal Punishment: A Philosophical Assessment is a philosophically rigorous and engaging treatment of a hitherto neglected topic in applied ethics and social philosophy.
In The Immorality of Punishment Michael Zimmerman argues forcefully that not only our current practice but indeed any practice of legal punishment is deeply morally repugnant, no matter how vile the behaviour that is its target. Despite the fact that it may be difficult to imagine a state functioning at all, let alone well, without having recourse to punishing those who break its laws, Zimmerman makes a timely and compelling case for the view that we must seek and put into practice alternative means of preventing crime and promoting social stability.