Punishment, Communication, and Community

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Release : 2003-05-15
Genre : Law
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Book Rating : 439/5 ( reviews)

Punishment, Communication, and Community - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Punishment, Communication, and Community write by R. A. Duff. This book was released on 2003-05-15. Punishment, Communication, and Community available in PDF, EPUB and Kindle. The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.

EBOOK: Understanding Victims and Restorative Justice

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Release : 2004-11-16
Genre : Law
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Book Rating : 857/5 ( reviews)

EBOOK: Understanding Victims and Restorative Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook EBOOK: Understanding Victims and Restorative Justice write by James Dignan. This book was released on 2004-11-16. EBOOK: Understanding Victims and Restorative Justice available in PDF, EPUB and Kindle. "Although the topics dealt with are complex, the author has been very successful in presenting and exploring them clearly. Students may find particularly helpful the summary at the end of each chapter of the main points covered in that section. The Legal Executive "...the real strength of this book lies in the critical thinking that arises from the juxtaposition of two very much unfinished debates: the question of how victims are treated by the justice system, and the practices and implications of restorative justice. "...I feel this book is particularly important because it reframes a whole series of debates and practices which, otherwise, might be in danger of getting 'stuck'. That this is also undertaken by someone who is extremely knowledgeable about the subject matter and perceptive in relation to key issues is an added bonus." Vista Two of the principal and most influential developments within criminal justice policy - taking in a variety of common law jurisdictions during the past thirty years - have been the rise of the ‘victim movement’ and the emergence of a distinctive set of practices that have become associated with the term ‘restorative justice’. Understanding Victims and Restorative Justice examines the origins of and the relationship between these two sets of developments, and seeks to assess their strengths and weaknesses in meeting the needs of victims as part of the overall response to crime. Written in a lively and accessible style this book is of benefit to students from a range of disciplines including criminology, sociology and the law. Also helpful to professionals, practitioners and policymakers working in voluntary agencies within the criminal justice system.

War Before Civilization

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Release : 1997-12-18
Genre : Social Science
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Book Rating : 700/5 ( reviews)

War Before Civilization - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook War Before Civilization write by Lawrence H. Keeley. This book was released on 1997-12-18. War Before Civilization available in PDF, EPUB and Kindle. The myth of the peace-loving "noble savage" is persistent and pernicious. Indeed, for the last fifty years, most popular and scholarly works have agreed that prehistoric warfare was rare, harmless, unimportant, and, like smallpox, a disease of civilized societies alone. Prehistoric warfare, according to this view, was little more than a ritualized game, where casualties were limited and the effects of aggression relatively mild. Lawrence Keeley's groundbreaking War Before Civilization offers a devastating rebuttal to such comfortable myths and debunks the notion that warfare was introduced to primitive societies through contact with civilization (an idea he denounces as "the pacification of the past"). Building on much fascinating archeological and historical research and offering an astute comparison of warfare in civilized and prehistoric societies, from modern European states to the Plains Indians of North America, War Before Civilization convincingly demonstrates that prehistoric warfare was in fact more deadly, more frequent, and more ruthless than modern war. To support this point, Keeley provides a wide-ranging look at warfare and brutality in the prehistoric world. He reveals, for instance, that prehistorical tactics favoring raids and ambushes, as opposed to formal battles, often yielded a high death-rate; that adult males falling into the hands of their enemies were almost universally killed; and that surprise raids seldom spared even women and children. Keeley cites evidence of ancient massacres in many areas of the world, including the discovery in South Dakota of a prehistoric mass grave containing the remains of over 500 scalped and mutilated men, women, and children (a slaughter that took place a century and a half before the arrival of Columbus). In addition, Keeley surveys the prevalence of looting, destruction, and trophy-taking in all kinds of warfare and again finds little moral distinction between ancient warriors and civilized armies. Finally, and perhaps most controversially, he examines the evidence of cannibalism among some preliterate peoples. Keeley is a seasoned writer and his book is packed with vivid, eye-opening details (for instance, that the homicide rate of prehistoric Illinois villagers may have exceeded that of the modern United States by some 70 times). But he also goes beyond grisly facts to address the larger moral and philosophical issues raised by his work. What are the causes of war? Are human beings inherently violent? How can we ensure peace in our own time? Challenging some of our most dearly held beliefs, Keeley's conclusions are bound to stir controversy.

The Last Utopia

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Release : 2012-03-05
Genre : History
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Book Rating : 522/5 ( reviews)

The Last Utopia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Last Utopia write by Samuel Moyn. This book was released on 2012-03-05. The Last Utopia available in PDF, EPUB and Kindle. Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.

Moral Failure

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Release : 2015
Genre : Philosophy
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Book Rating : 140/5 ( reviews)

Moral Failure - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Moral Failure write by Lisa Tessman. This book was released on 2015. Moral Failure available in PDF, EPUB and Kindle. Moral Failure: On the Impossible Demands of Morality asks what happens when the sense that "I must" collides with the realization that "I can't." Bringing together philosophical and empirical work in moral psychology, Lisa Tessman here examines moral requirements that are non-negotiable and that contravene the principle that "ought implies can." In some cases, it is because two non-negotiable requirements conflict that one of them becomes impossible to satisfy, and yet remains binding. In other cases, performing a particular action may be non-negotiably required -- even if it is impossible -- because not performing the action is unthinkable. After offering both conceptual and empirical explanations of the experience of impossible moral requirements and the ensuing failures to fulfill them, Tessman considers what to make of such experience, and in particular, what role such experience has in the construction of value and of moral authority. According to the constructivist account that the book proposes, some moral requirements can be authoritative even when they are impossible to fulfill. Tessman points out a tendency to not acknowledge the difficulties that impossible moral requirements and unavoidable moral failures create in moral life, and traces this tendency through several different literatures, from scholarship on Holocaust testimony to discussions of ideal and nonideal theory, from theories of supererogation to debates about moral demandingness and to feminist care ethics.