Crime, Punishment and Disease in a Relativistic Universe

Crime, Punishment and Disease in a Relativistic Universe

Author: Antony Flew

Publisher: Routledge

Published: 2018-02-06

Total Pages: 216

ISBN-13: 135152500X

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In Crime, Punishment and Disease, Antony Flew makes clear both the meaning and the implications carried by the application of the expression "mental disease." He aims to discourage its use in conditions that provide the victims of such diseases with an excuse for failing to perform what would have been their imperative duties had they enjoyed good mental health. Flew attacks the gross over-extensions of the notion of mental disease on both sides of the Atlantic. He defends human dignity and responsibility against the suggestion that we are all, or most of us, "sick, sick, sick." In particular, he challenges the paternalist pretensions of people who claim a right to control and manipulate others because they are allegedly sick, and consequently not responsible for what they do.In a typical ordinary disease, Flew notes, it is the patient who complains of the disease rather than someone else who complains about the patient. But those who claim that some crime or all crime is symptomatic of mental disease and those who identify disorders such as attention/deficit/hyperactivity disorder (ADHD) as conditions requiring psychiatric attention are taking the disfavored behavior rather than the distress of their patients as the warrant for supposedly medical interventions. They should instead first consider how what they propose to call mental disease does, and does not, resemble syphilis, measles, and other communicable diseases.Flew sees his work as complementary to Thomas Szasz's. He applies a philosophical perspective to problems Szasz discusses as a psychiatrist. This work will be of particular interest to students of philosophy and politics, in that it relates modern discussion of mental illness to the Plato of The Republic. Flew also takes note in this context of Samuel Butler's Erewhon. This work will be of direct relevance to criminologists, as well as those interested in social welfare, philosophy of education, and new developments in psychiatry.


Punishing Disease

Punishing Disease

Author: Trevor Hoppe

Publisher: Univ of California Press

Published: 2018

Total Pages: 288

ISBN-13: 0520291581

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From the very beginning of the epidemic, AIDS was linked to punishment. Calls to punish people living with HIV—mostly stigmatized minorities—began before doctors had even settled on a name for the disease. Punitive attitudes toward AIDS prompted lawmakers around the country to introduce legislation aimed at criminalizing the behaviors of people living with HIV. Punishing Disease explains how this happened—and its consequences. With the door to criminalizing sickness now open, what other ailments will follow? As lawmakers move to tack on additional diseases such as hepatitis and meningitis to existing law, the question is more than academic.


Mental Disorder and Crime

Mental Disorder and Crime

Author: Sheilagh Hodgins

Publisher: SAGE Publications, Incorporated

Published: 1992-12-29

Total Pages: 400

ISBN-13: 9780803950238

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Contributors to this volume present and discuss new data which suggest that major mental disorder substantially increases the risk of violent crime. These findings come at a crucial time, since those who suffer from mental disorders are increasingly living in the community, rather than in institutions. The book describes the magnitude and complexity of the problem and offers hope that humane, effective intervention can prevent violent crime being committed by the seriously mentally disordered.


Crime, Punishment, and Mental Illness

Crime, Punishment, and Mental Illness

Author: Patricia Erickson

Publisher: Rutgers University Press

Published: 2008-07-18

Total Pages: 240

ISBN-13: 0813545080

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Hundreds of thousands of the inmates who populate the nation's jails and prison systems today are identified as mentally ill. Many experts point to the deinstitutionalization of mental hospitals in the 1960s, which led to more patients living on their own, as the reason for this high rate of incarceration. But this explanation does not justify why our society has chosen to treat these people with punitive measures. In Crime, Punishment, and Mental Illness, Patricia E. Erickson and Steven K. Erickson explore how societal beliefs about free will and moral responsibility have shaped current policies and they identify the differences among the goals, ethos, and actions of the legal and health care systems. Drawing on high-profile cases, the authors provide a critical analysis of topics, including legal standards for competency, insanity versus mental illness, sex offenders, psychologically disturbed juveniles, the injury and death rates of mentally ill prisoners due to the inappropriate use of force, the high level of suicide, and the release of mentally ill individuals from jails and prisons who have received little or no treatment.


An Essay on Crimes and Punishments

An Essay on Crimes and Punishments

Author: Cesare Beccaria

Publisher: The Lawbook Exchange, Ltd.

Published: 2006

Total Pages: 274

ISBN-13: 1584776382

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Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.


The Limits of Blame

The Limits of Blame

Author: Erin I. Kelly

Publisher: Harvard University Press

Published: 2018-11-12

Total Pages: 241

ISBN-13: 0674980778

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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. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.


Narrative and Metaphor in the Law

Narrative and Metaphor in the Law

Author: Michael Hanne

Publisher: Cambridge University Press

Published: 2018-02-08

Total Pages: 439

ISBN-13: 1108422799

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Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.


Punished

Punished

Author: Victor M.. Rios

Publisher: NYU Press

Published: 2011

Total Pages: 236

ISBN-13: 081477637X

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Responsibility and Psychopathy

Responsibility and Psychopathy

Author: Luca Malatesti

Publisher: Oxford University Press

Published: 2010-08-19

Total Pages: 341

ISBN-13: 0199551634

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The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.