"We call it justice--the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that …
"This exploration of penal censure is inspired by the 40th anniversary of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sen…
Legal violence and the limits of the law
Présentation de l'éditeur : "What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance-punishment being the measured use of legally sanctioned violence and vengea…
In his hugely influential book Discipline and Punish, Foucault used the example of Jeremy Bentham's Panopticon prison as a means of representing the transition from the early modern monarchy to the late modern capitalist state. In the former, power is visibly exerted, for instan…
The contributors offer analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than deterrence, rehabilitation, or vengeance.
"The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all el…
Présentation de l'éditeur : "The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or…
A collection of essays by major figures in punishment theory law, and philosophy that reconsiders the popularity and prospects of retributivism, the notion that punishment is morally justified because people have behaved wrongly.
The principle of extraterritorial punishment, which enables national courts to exert jurisdiction over crimes committed abroad by nationals of other states, has become more accepted. This book provides an account and critique of this form of jurisdiction, exploring its links to …
"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 re…
"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 re…
"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 re…