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.
Publisher: Macmillan International Higher Education
Category: Social Science
Why do we punish? Is it because only punishment can achieve justice for victims and 'right the wrong' of a crime? Or is it justified because it reduces crime, by deterring potential offenders, offering rehabilitative treatment to others and incapacitating the most dangerous? The complex answers to this enduring question vary across time and place, and are directly linked to people's personal, cultural, social, religious and ethical commitments and even their sense of identity. This unique introduction to the philosophy of punishment provides a systematic analysis of the themes of retribution, deterrence, rehabilitation, incapacitation and restorative justice. Integrating philosophical, sociological, political and ethical perspectives, it provides a thorough and wide-ranging discussion of the purposes, meanings and justifications of punishment for crime and the extent to which punishment does, could or should live up to what it claims to achieve. Why Punish? challenges criminology and criminal justice students as well as policy makers, judges, magistrates and criminal justice practitioners to think more critically about the role of punishment and the moral principles that underpin it. Bridging abstract theory with the realities of practice, Rob Canton asks what better punishment would look like and how it can be achieved.
Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Just published and already adopted at Penn State, Wright State University, and Western Michigan University! Courts: A Text/Reader provides the best of both worlds- authored text sections with carefully selected accompanying readings that illustrate the questions and controversies legal scholars and court researchers are investigating in the 21st century. The articles, from leading journals in criminology and criminal justice, reflect both classic studies of the criminal court system and state-of-the-art research, and often have a policy perspective that makes them more applied, less theoretical, and more interesting to both undergraduate and graduate students. Key Features Begins with an introductory chapter that presents a succinct overview of the U.S. criminal court system and its processes, and briefly describes the organization and content of the book Features “How to Read a Research Article”-a perfect introduction to understanding how real-world research is organized and delivered in the journal literature-which precedes and is tied to the first reading in the book Includes a "mini-chapter” for each section, with figures and tables that present basic concepts and provide a background for the readings that follow Introduces students to cutting-edge research and classic studies of the criminal court system by leading scholars in the field in carefully selected, edited research articles Provides key terms, Web resources, and thought-provoking discussion questions for each section, along with questions for each reading to help students develop their critical thinking skills Accompanied by High-Quality Ancillaries! Instructor Resources on CD include a test bank, PowerPoint slides for each section, classroom activities, and more. To request a copy, qualified adopters should contact SAGE Customer Care at 800-818-SAGE (7243) from 6am – 5pm, PT. A Student study site at www.sagepub.com/spohnstudy provides additional articles, self-study quizzes, e-flashcards, and more. Intended Audience This unique Text/Reader is primarily intended for undergraduate and graduate courses on the criminal court system and/or judicial processes. To learn more about author Cassia Spohn, please click here. Interested in a text/ reader for another criminology or criminal justice here? Explore other titles in the series.
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
With its clear and entertaining writing style, Understanding Jurisprudence is the perfect guide for students new to legal theory and looking for an accessible introduction to the subject. Key theories and theorists are introduced in a compact and easy-to-read format, offering an engaging account of the central ideas without oversimplification. Key quotes from leading scholars are included throughout the text, introducing you to their work and its impact on legal philosophy, while further reading suggestions help you to navigate the broad range of literature available in this area. Each chapter concludes with a series of critical questions designed to encourage you to think analytically about the law and the key ideas and debates which surround it. New to this editionRevised to include the most recent scholarship in several areas of jurisprudence, and to reflect the social and political developments that have influenced the law and legal theoryExpanded chapters on natural law, legal positivism, realism, rights, and theories of justiceNew and enhanced discussions of the rule of law, global justice, virtue ethics, human and animal rights, the economic analysis of law, and postmodernist theoriesUpdated suggested further reading lists and questions at the end of each chapter
The physician's guide to diagnosing and treating learning disabilities in children 1 in 10 Canadians have a learning disability, and doctors must be able to identify, diagnose, treat, and manage children who are struggling in school. The first book specifically tailored for the needs of physicians working with kids with learning disabilities, Children With School Problems: A Physician's Manual covers such important areas as child development, diagnosing learning disabilities (including data gathering, screening and assessment, and physical examinations), management (medication, behavioral management, and educational interventions), and prevention (including literacy promotion). Written by trusted experts from the Canadian Paediatric Society, Children With School Problems is filled with practical tools and resources that physicians—including paediatricians, family physicians, and paediatric learners—can use to diagnose and treat children with learning disabilities. The only book on learning disabilities in children specifically designed for physicians Written by trusted experts from the Canadian Paediatric Society Covers important issues including literacy promotion, screening for disabilities, medication options, and much more Gives physicians the tools they need to help children with learning disabilities Physicians want to know more about learning disabilities, and parents want their pediatricians and family physicians to provide more help when their kids struggle in school. Children with School Problems provides that information, making it an invaluable resource for any doctor working with kids.
Corrections: A Text/Reader, Second Edition is designed for undergraduate and/or graduate corrections courses. Organized like a traditional corrections text, it offers brief authored introductions in a mini-chapter format for each key Section, followed by carefully selected and edited original articles by leading scholars. This hybrid format – ensuring coverage of important material while emphasizing the significance of contemporary research - offers an excellent alternative which recognizes the impact and importance of new directions and policy in this field, and how these advances are determined by research.
Ranging from ancient times to the present, a survey of the evolution of the prison explores its relationship to the history of Western criminal law and offers a look at the social world of prisoners over the centuries