A reader on punishment
著者
書誌事項
A reader on punishment
(Oxford readings in socio-legal studies)
Oxford University Press, 1994
- : pbk
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注記
Includes bibliographical references
内容説明・目次
- 巻冊次
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ISBN 9780198763529
内容説明
Theories of punishment are of central importance to our understanding of notions like "justice" and "law". Why we punish, who we punish, and how we punish, are among the most controversial and theoretically challenging questions faced by scholars and students of law, criminology and philosophy. In this collection, two of the leading experts in the field present a series of key readings on theories of punishment in modern society. The collection is prefaced by an introduction in which the editors identify practical and theoretical problems, and demonstrate how legal theories of punishment can only be understood with reference to their wider social and cultural contexts.
目次
- Pat Carlen, Crime, Inequality and Sentencing
- Nils Christie, Crime Control as Drama
- Nils Christie, Conflicts as Property
- Jean Hampton, An Expressive Theory of Retribution
- Andrew Von Hirsch, Censure and Proportionality
- Thomas Mathiesen, General Prevention and Communication
- Herbert Morris, A Paternalistic Theory of Punishment
- Norval Morris, Incapacitation within Limits
- Jeffrey Murphy, Marxism and Retribution
- James Wilson, Penalties and Opportunities
- Franklin Zimring, Making the Punishment fit the Crime.
- 巻冊次
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: pbk ISBN 9780198763536
内容説明
Why we punish, who we punish and how we punish are central elements of any discussion of the role of law in modern society.
In this impressive and timely collection, two leading experts on the theory of punishment have selected a range of articles which have made important and influential contributions to the ways in which punishment is understood in contemporary society. The collection is introduced by a lengthy and original discussion of the key concepts of punishment, and each article is prefaced by a short introduction setting out the issues to be discussed.
Throughout the book the aim of the editors is to demonstrate how complex the concept of punishment is, and to illustrate how an understanding of punishment is vitally important for students of law and society.
目次
- 1. Thinking about Punishment
- 2. Marxism and retribution
- 3. The Expressive Function of Punishment
- 4. A Paternalistic Theory of Punishment
- 5. Censure and Proportionality
- 6. Proportionality, Parsimony, and Interchangeability of Punishments
- 7. Making the Punishment Fit the Crime: A Consumer's Guide to Sentencing Reform
- 8. Penalties and Opportunities
- 9. Reductivism and Deterrence
- 10. General Prevention as Communication
- 11. Incapacitation within Limits
- 12. The Concept of Punishment
- 13. Beyond Punishment
- 14. Crime, Inequality and Sentencing
- 15. Abolition: Assensus and Sanctuary
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