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Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
In recent decades there has been a vast increase in the use of imprisonment and penal supervision, and to many this development appears to be qualitatively as well as quantitatively different. The causes of this development, its consequences and future course form the main point of departure for the contributors to this volume, who consider the changes that have contributed to these apparently fundamental shifts in the use of punishment. In this major new book contributors from a range of disciplines provide an integrated approach to a range of questions surrounding the use of punishment: In what ways have broader social institutions and processes contributed to penal expansion? This book is the principal outcome of the Guggenheim Punishment Project which aimed for a truly interdisciplinary account of thinking about punishment, and an outcome which was general and reflective rather than specific and policy oriented, and accessible to the generalist as well as those with a specialist interest in the field.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and in...
'Cool, meticulously crafted and mordantly amusing' Irish Times 'A chilling insight into a flawed justice system' Daily Mail A young lawyer puts aside her sense of justice to succeed at her new firm. A man who values silence is driven to murder by his noisy neighbours. A cheated wife seeks revenge. How do you decide what punishment fits the crime? Our narrator is a man you'd never want to meet unless you really needed him. A nameless lawyer, he coolly recounts the fates of twelve characters who cross his path, uncovering the loneliness and alienation, desire and desperation which drive their choices and shape the consequences they face. Drawn from Ferdinand von Schirach's eminent career as a criminal defence lawyer, each story in Punishment crackles with suspense, masterfully treading the line between fiction and truth.
Ted Honderich's "Punishment" is the best-known book on the justifications put forward for state punishment. This enlarged and developed edition brings his writing to a new audience. With new chapters on determinism and responsibility, plus a new conclusion, the book also remains true to its original realism about almost all talk of retribution and proportionality. Honderich investigates all the commonsensical notions of why and when punishment is morally necessary, engaging with the language of public debate by politicians and other public figures. Honderich then puts forward his own argument that punishment is legitimate when it is in accord with the principle of humanity. Written in a clea...
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* Why should offenders be punished - what should punishments be designed to achieve? * Why has imprisonment become the normal punishment for crime in modern industrial societies? * What is the relationship between theories of punishment and the actual penalties inflicted on offenders? This revised and updated edition of a highly successful text provides a comprehensive account of the ideas and controversies that have arisen within law, philosophy, sociology and criminology about the punishment of criminals. Written in a clear, accessible style, it summarises major philosophical ideas - retribution, rehabilitation, incapacitation - and discusses their strengths and weaknesses. This new editio...