Retribution, Justice, and Therapy

by J.G. Murphy
Retribution, Justice, and Therapy
Author: J.G. Murphy
Publisher: Springer Science & Business Media
Total Pages: 336
Release: 2012-12-06
Genre: Philosophy
ISBN: 9400994613
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One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of

Retribution, Justice, And Therapy

by J.G. Murphy
Retribution, Justice, And Therapy
Author: J.G. Murphy
Publisher: Springer Science & Business Media
Total Pages: 280
Release: 1979-07-31
Genre: Law
ISBN: 9027709998
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One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of

Free Will Skepticism in Law and Society

by Elizabeth Shaw
Free Will Skepticism in Law and Society
Author: Elizabeth Shaw
Publisher: Cambridge University Press
Total Pages: 247
Release: 2019-08-29
Genre: Philosophy
ISBN: 1108661262
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'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what (if any) changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism.

Doing Justice to Mercy

by Jonathan Rothchild
Doing Justice to Mercy
Author: Jonathan Rothchild
Publisher: University of Virginia Press
Total Pages: 430
Release: 2012-10-05
Genre: Religion
ISBN: 0813934222
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It is often assumed that the law and religion address different spheres of human life. Religion and ethics articulate complex systems of moral reasoning that concern norms, deliberation of ends, cultivation of disposition, and transformation of moral agency. Law, in contrast, seeks to govern human conduct through procedural justice, rights, and public good. Doing Justice to Mercy challenges this assumption by presenting the reader with an urgent conversation between the law and religion that yields a constructive approach, both theoretically and practically, to the complex role of mercy in our legal process. Authored by legal practitioners, activists, and theorists in addition to theologians and ethicists, the essays collected here are informed by timeless principles, and yet they could not be timelier. The trend in sentencing moves toward an increased severity, and the number of incarcerated people in the United States is at an all-time high. In the half-decade since 9/11, moreover, homeland security has established itself as a permanent fixture in our lives. In this atmosphere, the current volume seeks initially to clarify how justice and mercy intertwine in relation to a number of issues, such as rehabilitation, the death penalty, domestic violence, and war crimes. Exploring the legal, philosophical, and theological grounds for mercy in our courts, the discussion then moves to the practical ways in which mercy may be implemented. Contributors:Marc Mauer, The Sentencing Project * Lois Gehr Livezey, McCormick Theological Seminary * Ernie Lewis, Public Advocate, Commonwealth of Kentucky * Jonathan Rothchild, Loyola Marymount University * Albert W. Alschuler, Northwestern University School of Law * David Scheffer, Northwestern University School of Law * David Little, Harvard Divinity School * Matthew Myer Boulton, Andover Newton Theological School * Mark Lewis Taylor, Princeton Theological Seminary * Sarah Coakley, Cambridge University * William Schweiker, University of Chicago Divinity School * Kevin Jung, College of William and Mary * Peter J. Paris, Princeton Theological Seminary * W. Clark Gilpin, University of Chicago Divinity School * William C. Placher, Wabash College

Retribution Reconsidered

by J.G. Murphy
Retribution Reconsidered
Author: J.G. Murphy
Publisher: Springer Science & Business Media
Total Pages: 254
Release: 2013-03-09
Genre: Philosophy
ISBN: 9401579229
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Jeffrie G. Murphy's second collection of essays further pursues the topics of punishment and retribution that were explored in his 1979 collection Retribution, Justice and Therapy. Murphy now explores these topics in the context of political philosophy as well as moral philosophy, and he now begins to develop some doubts about the version of the retributive theory with which his name has long been associated.

Transforming International Criminal Justice

by Mark J. Findlay
Transforming International Criminal Justice
Author: Mark J. Findlay
Publisher: Routledge
Total Pages: 428
Release: 2005-06-01
Genre: Social Science
ISBN: 1317436687
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This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

The Trouble with Blame

by Sharon Lamb
The Trouble with Blame
Author: Sharon Lamb
Publisher: Harvard University Press
Total Pages: 260
Release: 1996
Genre: Law
ISBN: 9780674910119
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This work looks at the topic of victimisation and blame as a pathology for our time, and its consequences for personal responsibility.