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Punishment: The future

Philosophy Compass 5 (6):483-491 (2010)

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  1. The Expressive Function of Punishment.Joel Feinberg - 1965 - The Monist 49 (3):397-423.
  • A Deterrence Theory of Punishment.Anthony Ellis - 2003 - Philosophical Quarterly 53 (212):337–351.
    I start from the presupposition that the use of force against another is justified only in self-defence or in defence of others against aggression. If so, the main work of justifying punishment must rely on its deterrent effect, since most punishments have no other significant self-defensive effect. It has often been objected to the deterrent justification of punishment that it commits us to using offenders unacceptably, and that it is unable to deliver acceptable limits on punishment. I describe a sort (...)
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  • Taking Rights Seriously.Ronald Dworkin (ed.) - 1977 - Duckworth.
    This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.
  • Theorizing Criminal Law: A 25th Anniversary Essay.R. A. Duff - 2005 - Oxford Journal of Legal Studies 25 (3):353-367.
  • Ethical Studies.Francis Herbert Bradley - 1876 - New York: Liberal Arts Press.
    First published in 1876, this forceful and vigorous classic of English moral philosophy, written in opposition to Utilitarianism by one of England's most eminent philosophers, is now available for the first time since 1977.
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  • Ethical Studies.Francis Herbert Bradley - 1876 - Oxford University Press.
    First published in 1876, this forceful and vigorous classic of English moral philosophy, written in opposition to Utilitarianism by one of England's most eminent philosophers, is now available for the first time since 1977.
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  • Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
    In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted by Hart Publishing.
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  • Punishment and Repentance.John Tasioulas - 2006 - Philosophy 81 (2):279-322.
    In philosophical writings, the practice of punishment standardly features as a terrain over which comprehensive moral theories—in the main, versions of ‘consequentialism’ and ‘deontology’—have fought a prolonged and inconclusive battle. The grip of this top-down model of the relationship between philosophical theory and punitive practice is so tenacious that even the most seemingly innocent concern with the ‘consequences’ of punishment is often read, if not as an endorsement of consequentialism, then at least as the registering of a consequentialist point. But (...)
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  • Distributive Justice and the Theory of Punishment.Wojciech Sadurski - 1985 - Oxford Journal of Legal Studies 5 (1):47-59.
  • Restorative Justice: Ideas, Values, Debates.Gerry Johnstone - 2002 - Willan.
    Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...)
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  • Answering for Crime: Responsibility and Liability in the Criminal Law.Antony Duff - 2007 - Hart.
    In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can (...)
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  • Punishment, Communication and Community.Antony Duff - 2003 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
    The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...)
     
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