The Will to Punish

The Will to Punish

Author: Didier Fassin

Publisher: Oxford University Press

Published: 2018

Total Pages: 209

ISBN-13: 019088858X

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Over the last few decades, most societies have become more repressive, their laws more relentless, their magistrates more inflexible, independently of the evolution of crime. In The Will to Punish, using an approach both genealogical and ethnographic, distinguished anthropologist Didier Fassin addresses the major issues raised by this punitive moment through an inquiry into the very foundations of punishment. What is punishment? Why punish? Who is punished? Through these three questions, he initiates a critical dialogue with moral philosophy and legal theory on the definition, the justification and the distribution of punishment. Discussing various historical and national contexts, mobilizing a ten-year research program on police, justice and prison, and taking up the legacy of Friedrich Nietzsche and Michel Foucault, he shows that the link between crime and punishment is an historical artifact, that the response to crime has not always been the infliction of pain, that punishment does not only proceed from rational logics used to legitimize it, that more severity in sentencing often means increasing social inequality before the law, and that the question, "What should be punished?" always comes down to the questions "Whom do we deem punishable?" and "Whom do we want to be spared?" Going against a triumphant penal populism, this investigation proposes a salutary revision of the presuppositions that nourish the passion for punishing and invites to rethink the place of punishment in the contemporary world. The theses developed in the volume are discussed by criminologist David Garland, historian Rebecca McLennan, and sociologist Bruce Western, to whom Didier Fassin responds in a short essay.


Privilege or Punish

Privilege or Punish

Author: Dan Markel

Publisher: Oxford University Press

Published: 2009-04-20

Total Pages: 252

ISBN-13: 0199745129

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This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of "family ties benefits" and "family ties burdens" in our criminal justice system, the authors explain why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but Markel, Collins, and Leib argue that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities. Privilege or Punish breaks new ground by offering an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases. This book begins that vitally important conversation with an array of innovative policy recommendations that should be of interest to anyone interested in the improvement of our criminal justice system.


Punished

Punished

Author: Victor M.. Rios

Publisher: NYU Press

Published: 2011

Total Pages: 236

ISBN-13: 081477637X

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The Problem of Punishment

The Problem of Punishment

Author: David Boonin

Publisher: Cambridge University Press

Published: 2008-04-14

Total Pages:

ISBN-13: 1139470787

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In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.


The Pleasure of Punishment

The Pleasure of Punishment

Author: Magnus Hörnqvist

Publisher: Routledge

Published: 2021-03-18

Total Pages: 281

ISBN-13: 0429589611

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Based on a reading of contemporary philosophical arguments, this book accounts for how punishment has provided audiences with pleasure in different historical contexts. Watching tragedies, contemplating hell, attending executions, or imagining prisons have generated pleasure, according to contemporary observers, in ancient Greece, in medieval Catholic Europe, in the early-modern absolutist states, and in the post-1968 Western world. The pleasure was often judged morally problematic, and raised questions about which desires were satisfied, and what the enjoyment was like. This book offers a research synthesis that ties together existing work on the pleasure of punishment. It considers how the shared joys of punishment gradually disappeared from the public view at a precise historic conjuncture, and explores whether arguments about the carnivalesque character of cruelty can provide support for the continued existence of penal pleasure. Towards the end of this book, the reader will discover, if willing to go along and follow desire to places which are full of pain and suffering, that deeply entwined with the desire for punishment, there is also the desire for social justice. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, philosophy and all those interested in the pleasures of punishment.


Why Punish?

Why Punish?

Author: Rob Canton

Publisher: Bloomsbury Publishing

Published: 2017-09-16

Total Pages: 416

ISBN-13: 1350306053

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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.


To Punish and Protect

To Punish and Protect

Author: Jeanine Pirro

Publisher: St. Martin's Press

Published: 2015-06-16

Total Pages: 223

ISBN-13: 1250087945

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Former prosecutor Jeanine Pirro's To Punish and Protect challenges us to have the will and the courage to wage war on the predators roaming our streets, and to avenge their victims. "The office of the district attorney is a battleground, where the fight between good and evil unfolds each day. We see the ugliest side of life, the pain that people go through for no reason. They didn't do anything. They didn't ask for it. Yet here they are, living their personal nightmares. We cannot take away their pain, or turn back time to undo the damage, but we can be the avengers. We can seek justice on their behalf." So begins this riveting account by the former Westchester County District Attorney, Jeanine Pirro, as she takes us inside the violent world of modern crime fighting. Before Pirro was elected DA in 1993, the job was always considered a man's domain, demanding a macho toughness. Pirro can be as tough as any man, and yet she adds an important new dimension to the role. She believes that being tough on crime means much more than just filling the jails. She goes beyond her role to punish criminals, to be a passionate advocate for the victims of crime. In To Punish and Protect, Pirro brings readers face to face with the gruesome realities of her daily battles, and tells the true, heartbreaking stories of the victims - the slaughter of a young woman and her two children by a jealous, enraged boyfriend; a teenage girl forced to assume wifely duties after her father murdered her stepmother; a nine-year-old boy chained to a radiator in a dark room and nearly starved to death, as the rest of the family went about its business; a gentle, hardworking man shot fatally in a dispute over a parking place, because he was black; an eighty-year-old woman, savagely beaten by her son and left for two days on the cold floor of her apartment; a beautiful woman whose wealth and privilege could not prevent her murder at the hands of a violent husband; and a group of young girls lured into a sexual nightmare by a cunning predator posing as a trustworthy youth counselor. Pirro presents hard truths about the ways in which parents, communities, and the justice system share complicity in fostering an environment of danger to our children. She describes the dark world of Internet pedophiles and hate mongers, who are allowed to hide behind First Amendment protections to gain access to kids in their own bedrooms. She offers a harsh judgment on parents who fail to address the deadly consequences of teen drinking, and even host keg parties in their homes, while alcohol continues to take young lives and destroy families. Pirro delivers a bold indictment of the criminal justice system, and asks whether we as a nation are truly committed to justice. Increasingly, she warns, our laws, attitudes, and behaviors seem to be veering away from what we say is our moral core as a nation. We say that we exalt good and punish evil, yet we do the opposite. We turn criminals into celebrities, and view victims with suspicion. If we're going to make our communities safer and our society less violent, we need to do more than just pay lip service to our ideals.


Why Punish? How Much?

Why Punish? How Much?

Author: Michael H. Tonry

Publisher:

Published: 2011

Total Pages: 452

ISBN-13: 019532885X

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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.


Punishment in Popular Culture

Punishment in Popular Culture

Author: Austin Sarat

Publisher: NYU Press

Published: 2015-06-05

Total Pages: 316

ISBN-13: 1479861952

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Resource added for the Criminal Justice – Law Enforcement 105046 and Professional Studies 105045 programs.


Punished!

Punished!

Author: David Lubar

Publisher: Millbrook Press ™

Published: 2013-08-01

Total Pages: 48

ISBN-13: 1467731463

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Logan and his friend Benedict run into the wrong guy at the library―literally. When Logan slams into the reference guy in the basement and gives him a little lip, Logan gets punished, really and truly punished. He has three days to complete three tasks before Professor Wordsworth will lift the magical punishment that keeps getting Logan in even more trouble.