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Beyond Punishment?
In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of the collateral legal consequences of conviction. Considering how pervasive collateral restrictions have become and the dramatic effects such restrictions have on offenders' lives, Hoskins examines whether these extended measures of punishment are ever morally justified.
Beyond Punishment?
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International Criminal Law and Philosophy
This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.
The Ethics of Anger
The Ethics of Anger provides the resources needed to understand the prevalence of anger in relation to ethics, religion, social and political behavior, and peace studies. Providing theoretical and practical arguments, both for and against the necessity of anger, The Ethics of Anger assembles a variety of diverse perspectives in order to increase knowledge and bolster further research. Part one examines topics such as the nature and ethics of vengeful anger and the psychology of anger. Part two includes chapters on the necessity of anger as central to our moral lives, an examination of Joseph Butler’s sermons on resentment, and three chapters that explore anger within Confucianism, Buddhism, and other Eastern religions. Part three examines the practical responses to anger, offering several intriguing chapters on topics such as mind viruses, social justice, the virtues of anger, feminism, punishment, and popular culture. This book, edited by Court D. Lewis and Gregory L. Bock, challenges and provides a framework for how moral persons approach, incorporate, and/or exclude anger in their lives.
The Social Epistemology of Legal Trials
This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. Truth is not, however, the only epistemic value which seems relevant to how trials proceed. We may think that a jury shouldn’t convict a defendant, even one who is as a matter of fact guilty, unless its members know or at least are justified in believing that the defendant committed the crime in question. Similarly, we might reasonably ...
The New Philosophy of Criminal Law
There is no more vivid example of a state’s power over its citizens than the criminal law. By criminalizing various behaviours, the state sets boundaries on what we can and cannot do. And the criminal law is in many ways unique in the harshness of its sanctions. But traditional criminal law theory has for too long focussed on the questions, “what is a crime?” and “what is the justification of punishment?” The significance of the criminal law extends beyond these questions; indeed, critical philosophical questions underlie all aspects of the criminal justice system. The criminal law engages us not just as offenders or potential offenders, but also as victims, suspects, judges and jurors, prosecutors and defenders—and as citizens. The authors in this volume go beyond traditional questions to challenge our conventional understandings of the criminal law. In doing so, they draw from a number of disciplines including philosophy, history, and social science.
The Preventive Turn in Criminal Law
Engaging with contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume argues that the pervasiveness of prevention in 21st century criminal justice systems represents the manifestation of essential aspects of the liberal legal and political tradition.
The New Philosophy of Criminal Law
This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law.
State Responsibility in the International Legal Order
The book analyzes State responsibility in international law from a holistic and critical perspective.
States, Firms, and Their Legal Fictions
This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like "personhood" that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.
