Provocation and Punishment

Provocation and Punishment

Author: Samantha Joo

Publisher: Walter de Gruyter

Published: 2012-02-16

Total Pages: 337

ISBN-13: 3110909936

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This book examines the problem of theodicy arising from the fall of Jerusalem (587 B.C.E.) in the book of Jeremiah. It explores the ways in which the authors of the book of Jeremiah tried to explain away their God's responsibility while clinging to the idea of divine mastery over human affairs. In order to trace the development of a particular book's understanding of God's role in meting out punishments, this book analyzes all the passages containing the word pivotal, הכעיס (“to provoke to anger”) in Deuteronomistic History and the book of Jeremiah.


Punishment and Freedom

Punishment and Freedom

Author: Alan Brudner

Publisher: Oxford University Press

Published: 2012-03-23

Total Pages:

ISBN-13: 0191633275

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This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.


Mitigation and Aggravation at Sentencing

Mitigation and Aggravation at Sentencing

Author: Julian V. Roberts

Publisher: Cambridge University Press

Published: 2011-08-25

Total Pages: 305

ISBN-13: 113950004X

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This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.


Punishment

Punishment

Author: Thom Brooks

Publisher: Routledge

Published: 2021-03-30

Total Pages: 242

ISBN-13: 1315527758

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Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.


Sentencing and Punishment

Sentencing and Punishment

Author: Emeritus Professor of Law Susan Easton

Publisher: Oxford University Press

Published: 2022-12-22

Total Pages: 593

ISBN-13: 0192863290

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Examining the theory behind the headlines and engaging with current debates, this new edition provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers and researchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining clear and succinct, the authors deliver a balanced approach to the subject. Chapter summaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked and restructured, this fifth edition has been updated to include developments such as the Sentencing Act 2020 and changes following the 2019 general election. This is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course.