punishment and retribution law justice and power

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Beyond Retribution

Author : Christopher D. Marshall
ISBN : 0802847978
Genre : Religion
File Size : 52. 18 MB
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Recently a growing number of Christians have actively promoted the concept of "restorative justice" and attempted to develop programs for dealing with crime based on restorative principles. But is this approach truly consistent with the teaching of Scripture? To date, very little has been done to test this claim. Beyond Retribution fills a gap by plumbing the New Testament on the topics of crime, justice, and punishment. Christopher Marshall first explores the problems involved in applying ethical teachings from the New Testament to mainstream society. He then surveys the extent to which the New Testament addresses criminal justice issues, looking in particular at the concept of the justice of God in the teachings of Paul and Jesus. He also examines the topic of punishment, reviewing the debate in social thinking over the ethics and purpose of punishment -- including capital punishment -- and he advocates a new concept of "restorative punishment." The result of this engaging work is a biblically based challenge to imitate the way of Christ in dealing with both victims and offenders.

The Limits Of Blame

Author : Erin I. Kelly
ISBN : 9780674980778
Genre : Philosophy
File Size : 70. 67 MB
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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.

Punishment And Retribution

Author : Leo Zaibert
ISBN : 9781317073246
Genre : Law
File Size : 67. 16 MB
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Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.

Punishment In Popular Culture

Author : Austin Sarat
ISBN : 9781479864218
Genre : Law
File Size : 23. 4 MB
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The way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, and its particular way of responding to evil. Punishment in Popular Culture examines the cultural presuppositions that undergird America’s distinctive approach to punishment and analyzes punishment as a set of images, a spectacle of condemnation. It recognizes that the semiotics of punishment is all around us, not just in the architecture of the prison, or the speech made by a judge as she sends someone to the penal colony, but in both “high” and “popular” culture iconography, in novels, television, and film. This book brings together distinguished scholars of punishment and experts in media studies in an unusual juxtaposition of disciplines and perspectives. Americans continue to lock up more people for longer periods of time than most other nations, to use the death penalty, and to racialize punishment in remarkable ways. How are these facts of American penal life reflected in the portraits of punishment that Americans regularly encounter on television and in film? What are the conventions of genre which help to familiarize those portraits and connect them to broader political and cultural themes? Do television and film help to undermine punishment's moral claims? And how are developments in the boarder political economy reflected in the ways punishment appears in mass culture? Finally, how are images of punishment received by their audiences? It is to these questions that Punishment in Popular Culture is addressed.

A Theory Of Justice

Author : John RAWLS
ISBN : 9780674042605
Genre : Philosophy
File Size : 36. 24 MB
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Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Law Justice And Power

Author : Sinkwan Cheng
ISBN : 0804748918
Genre : Law
File Size : 32. 56 MB
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This volume provides different disciplinary and cultural perspectives on the ethical and political ramifications of the incommensurable yet inextricable relationships among law, justice, and power.

Harsh Justice

Author : James Q. Whitman
ISBN : 0198035314
Genre : Social Science
File Size : 29. 82 MB
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Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.

Let S Get Free

Author : Paul Butler
ISBN : 9781595585103
Genre : Law
File Size : 75. 51 MB
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Drawing on his personal fascinating story as a prosecutor, a defendant, and an observer of the legal process, Paul Butler offers a sharp and engaging critique of our criminal justice system. He argues against discriminatory drug laws and excessive police power and shows how our policy of mass incarceration erodes communities and perpetuates crime. Controversially, he supports jury nullification—or voting “not guilty” out of principle—as a way for everyday people to take a stand against unfair laws, and he joins with the “Stop Snitching” movement, arguing that the reliance on informants leads to shoddy police work and distrust within communities. Butler offers instead a “hip hop theory of justice,” parsing the messages about crime and punishment found in urban music and culture. Butler’s argument is powerful, edgy, and incisive.

The Machinery Of Criminal Justice

Author : Stephanos Bibas
ISBN : 9780190236762
Genre : Law
File Size : 77. 34 MB
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Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.

Thomas Aquinas And The Philosophy Of Punishment

Author : Peter Karl Koritansky
ISBN : 9780813218830
Genre : Philosophy
File Size : 35. 10 MB
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Thomas Aquinas and the Philosophy of Punishment explores how Aquinas's understandings of natural law and the common good apply to the contemporary philosophical discussion of punitive justice.

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