In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.
"Conveniently divided into three sections, the book explores pagan and Christian pre-modern thought; early modern thought, culminating in chapters on Kant and classic Utilitarianism; and postmodern thought as exemplified in the theories of Nietzsche and Foucault. In all, the essays probe the work of Plato, Saint Augustine, Saint Thomas Aquinas, Thomas Hobbes, Immanuel Kant, Cesere Beccaria, Jeremy Bentham, John Stuart Mill, Friedrich Nietzsche, and Michel Foucault.
Fifty distinguished contributors survey the entire history of political philosophy. They consider questions about how the subject should best be studied; they examine historical periods and great theorists in their intellectual contexts; and they discuss aspects of the subject that transcend periods, such as democracy, the state, and imperialism.
Contemporary philosophy still lacks a satisfying theory of punishment, one that adequately addresses our basic moral concerns. Yet, as the crisis of incarceration in the United States and elsewhere shows, the need for a deeper understanding of punishment’s purpose has never been greater. In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault. Through careful interpretation of their key texts, he argues that continuing tensions over retribution’s role in punishment reflect the shift in political philosophy from classical republicanism to modern notions of individual natural rights and the social contract. This book will be vital reading for political theorists, philosophers, criminologists, and legal scholars looking for a new perspective on the moral challenges faced by the modern criminal justice system.
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
This volume includes 22 new pieces by leading political philosophers, on traditional issues (such as authority and equality) and emerging issues (such as race, and money in politics). The pieces are clear and accessible will interest both students and scholars working in philosophy, political science, law, economics, and more.
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.