This book offers an introduction to the philosophical issues of criminal justice ethics in a way suitable for students of criminology and criminal justice. It links philosophical concepts with empirical research in criminology and introduces criminal justice ethics, in the context of political and legal order.

This book critically explores the development of radical criminology through a range of written Ancient Greek works including epic and lyrical poetry, drama and philosophy, across different chapters. It traces the development of political power and the concepts of law, legitimacy, crime, justice and deviance in the Ancient Greek world and the political struggles that propelled that development, using the conflict perspective as a conceptual tool of the sociological analysis of reality. Theoretical discussions of crime and justice typically stem (...) from the better known works of Plato or Aristotle although this book explores the works preceding these. This book will appeal to those interested in the history of criminology and the historical production of criminological knowledge. (shrink)

Recent developments in philosophy and in criminology indicate that there are significant respects in which the two disciplines can be mutually informing. Many philosophers are increasingly interested in exploring empirical aspects of philosophical claims, and criminologists are finding their way past the alleged fact/value distinction and are rediscovering the moral significance of facts, especially regarding punishment and desistance. In some recent criminological studies there are implicit links to the British moralists such as David Hume and Adam Smith, and to (...) Aristotle as well. This paper explicates those links and some of the possibilities for philosophy and criminology to be mutually informing. (shrink)

This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for (...) the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners. (shrink)

Standing at the intersection of criminology and philosophy, this book demonstrates the ways in which mythic movies and television series can provide understanding of actual crimes and social harms. Taking three social problems as its subjects - capitalist political economy, structural injustice, and racism - the book explores the ways in which David Fincher's Fight Club (1999), HBO's Game of Thrones (2011-2019), and Jordan Peele's Us (2019) offer solutions by reconceiving justice in terms of personal and collective transformation, utopian (...) thinking, and the relationship between racism and elitism respectively. In so doing, the authors set out a theory of understanding the world based on cinematic and televisual works of art and conclude with a template that establishes a methodology for future use. An Epistemology of Criminological Cinema is authoritative and accessible, ideal reading for undergraduate and postgraduate students, criminologists, philosophers, and film, television, and literary critics with an interest in social justice and social harm. (shrink)

Standing at the intersection of criminology and philosophy, this book demonstrates the ways in which mythic movies and television series can provide an understanding of actual crimes and social harms. Taking three social problems as its subjects – capitalist political economy, structural injustice, and racism – the book explores the ways in which David Fincher’s Fight Club (1999), HBO’s Game of Thrones (2011–2019), and Jordan Peele’s Us (2019) offer solutions by reconceiving justice in terms of personal and collective transformation, (...) utopian thinking, and the relationship between racism and elitism, respectively. In doing so, the authors set out a theory of understanding the world based on cinematic and televisual works of art and conclude with a template that establishes a methodology for future use. An Epistemology of Criminological Cinema is authoritative and accessible, ideal reading for undergraduate and postgraduate students, criminologists, philosophers, and film, television, and literary critics with an interest in social justice and social harm. (shrink)

Hobbes is known for bridging natural and political philosophy, but less attention has been given to how this distinguishes the Hobbesian conception of the self from individualist strands of liberalism. First, Hobbes’s determinism suggests a conception of the self in which externalities determine the will and what the self is at every moment. Second, there is no stable conception of the self because externalities keep it in a constant state of flux. The metaphysical underpinnings of his project downplay the notion (...) of a purely individualistic conception of the self, pointing to a positivist theory of criminology relying upon external forces. This theory is especially prescient with respect to twentieth-century variants of positivism that focus upon how social organization affects personality. In a sense, then, modern criminological theory is indebted to Hobbes’s focus upon the connections between externalities and the self; a focus that illuminates new ways of viewing responsibility and accountability. (shrink)

Deception has been practiced by sellers since the beginning of the marketplace. Research in marketing ethics has established benchmarks and parameters forethical behavior that include honesty, full disclosure, equity, and fairness. Deception in marketing, however, has not received the same level of attention. This paper proposes to treat deception in marketing within the context of criminology. By examining deception in marketing within the context of criminology, additional insight can be gained into identifying its antecendents and the likelihood of (...) its occurrence. To this end, deception in marketing is interpreted under the empathy/harm matrix, Cressey’s fraud triangle, and the transparency/time-lag matrix. These frameworks are then combined into a diagram detailing antecedents affecting the likelihood of marketing agents participating in deceptive marketing actions. A number of propositions are presented. (shrink)

To write Narrative Justice, one would need to be expert in the philosophy of fiction, in criminology, in crime, and in military history. Hence, possibly only someone with exactly Rafe McGregor's background could have done it. Aside from the truly interdisciplinary nature of the book, several other virtues stand out. I will mention in particular the rigorous argumentation and the clarity of the writing. McGregor does not shelter behind obfuscation; everything is there in plain sight. Indeed, his occasional glosses (...) of some of the rather more self-indulgent writing of his interlocutors are most welcome.There is much in the book that is... (shrink)

Finance programs around the world have been revising their curricula following the Global Financial Crisis (GFC). While much of the debate has centred on the dominance of scientific and quantitative pedagogical approaches to finance education in business schools, one of the most egregious aspects uncovered during the deleveraging of the financial system was the scale and scope of finance crime and financial fraud (including the Madoff scandal, described as the largest Ponzi scheme in history). This paper argues that those “on (...) the inside”, the professionals within the finance industry, have a central role to play in safeguarding the ethics and integrity of financial markets. It is our conjecture that prevention and earlier detection of finance crime and financial fraud may be addressed, in part, by better educating finance professionals about these issues. We posit that the enormity of illegal activity uncovered in the wake of the GFC demands, as a matter of priority, the integration of criminological and criminal justice theory into the finance curriculum. (shrink)

Finance programs around the world have been revising their curricula following the Global Financial Crisis (GFC). While much of the debate has centred on the dominance of scientific and quantitative pedagogical approaches to finance education in business schools, one of the most egregious aspects uncovered during the deleveraging of the financial system was the scale and scope of finance crime and financial fraud (including the Madoff scandal, described as the largest Ponzi scheme in history). This paper argues that those “on (...) the inside”, the professionals within the finance industry, have a central role to play in safeguarding the ethics and integrity of financial markets. It is our conjecture that prevention and earlier detection of finance crime and financial fraud may be addressed, in part, by better educating finance professionals about these issues. We posit that the enormity of illegal activity uncovered in the wake of the GFC demands, as a matter of priority, the integration of criminological and criminal justice theory into the finance curriculum. (shrink)

Trends in the history of social science dedicated to the study of crime and punishment are presented as a case study supporting F.A. Hayek's theory of social change. Designing effective social institutions and public policies first requires an accurate vision of how society operates. An accurate model of society further requires scientific methods uniquely suited for the study of human beings as purposeful agents and the study of human institutions as complex social phenomena. If guided by faulty methods, theories are (...) inaccurate and policy outcomes veer from their intentions. Hayek termed such outcomes "abuses of reason". Aiming to replicate the objectivity of physical sciences via formal modeling and statistical measurement, economists throughout the 20th century imposed an excessively technical vision of human decision-making. Policy failures and social problems resulted. This paper argues that the historical trends of applied social science dedicated to crime and punishment can be understood similarly. Formal modeling and statistical measurement continuously displaced methods more attuned to human intentionality and social complexity. In result, amidst a long-run history of intellectual and political change, US law enforcement and criminal punishment policies became technocratic, and outcomes became disjointed from their stated intentions to promote social order and welfare. (shrink)

Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian (...) and neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism. (shrink)

Radical Philosophy of Law represents a cross section of contemporary critiques of the legal establishment—its theoretical foundations and its institutions and processes. Recognizing that proposals for alternatives to mainstream legal theory and practice do not belong to any single discipline, Caudill and Gold select essays by scholars in philosophy, sociology, criminology, and political theory, in addition to law professors and practitioners. Recognizing, as well, that no single perspective dominates radical legal theory, the essays exemplify the approaches associated with Marxian (...) and neo-Marxian analyses, American Critical Legal Studies and Critical Race Theory, radical feminism, semiotics, liberal theology, and psychoanalytic theory and criticism. (shrink)

Review of the book Rafe McGregor, A CRIMINOLOGY OF NARRATIVE FICTION, Bristol University Press, 2021, pp. 176, ISBN: 978-1529208054, Hardback, €74.70 / $66.09.

Crime is a serious social problem, but its causes are not exclusively social. There is growing consensus that explaining and preventing it requires interdisciplinary research efforts. Indeed, the landscape of contemporary criminology includes a variety of theoretical models that incorporate psychological, biological and sociological factors. These multi-disciplinary approaches, however, have yet to radically advance scientific understandings of crime and shed light on how to manage it. In this paper, using conceptual tools on offer in the philosophy of science in (...) combination with theoretical work represented in this special volume of Psychology, Crime and Law, I provide some perspective on why explanatory progress in criminology has remained elusive and evaluate some positive proposals for attaining it. -/- . (shrink)

Philosophers, legal scholars, criminologists, psychiatrists and psychologists have long asked important questions about punishment: What is its purpose? What theories helps us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is (...) the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts, in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives, emerging research from biology, psychology, and social neuroscience, and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention and Punishment IV. Alternatives to Current Punishment Practices A volume Introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global studies. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment. (shrink)

The goal of improving public health involves the use of different tools, with the law being one way to influence the activities of institutions and individuals. Of the regulatory mechanisms afforded by law to achieve this end, criminal law remains a perennial mechanism to delimit the scope of individual and group conduct. However, criminal law may promote or hinder public health goals, and its use raises a number of complex questions that merit exploration. This examination of the interface between criminal (...) law and public health brings together international experts from a variety of disciplines, including law, criminology, public health, philosophy and health policy, in order to examine the theoretical and practical implications of using criminal law to improve public health. (shrink)

Clear, concise and comprehensive, this is the ideal introduction to the philosophy of law for those studying it for the first time.

This new text will encourage students to develop a deeper understanding of the context and the current workings of the criminal justice system. Part One offers a clear, accessible and comprehensive review of the major philosophical aims and sociological theories of punishment, the history of justice and punishment, and the developing perspective of victimology. In Part Two, the focus is on the main areas of the contemporary criminal justice system including the police, the courts and judiciary, prisons, and community penalties. (...) The active engagement of students with the material covered distinguishes this text from others in the area and makes it a real teaching resource and invaluable text. (shrink)

The expression 'the criminal question' does not at present have much currency in English-language criminology. The term was carried across from Italian debates about the orientation of criminology, and in particular debates about what came to be called critical criminology. One definition offered early in the debate described it as 'an area constituted by actions, institutions, policies and discourses whose boundaries shift'. According to this writer, crime, and the cultural and symbolic significance carried by law and criminal (...) justice, is an integral aspect of the criminal question. 'The criminal question' draws attention to the specific location and constitution of a given field of forces, and the themes, issues, dilemmas and debates that compose it. At the same time it enables connections to be made between these embedded realities and the wider, conceivably global, contours of influence and flows of power with which it connects. This in turn raises many questions. How far do the responses to crime and punishment internationally flow from and owe their contemporary shape to the cultural and economic transformations now widely known as 'globalisation'? How can something that is in significant ways embedded, situated, and locally produced also travel? What is not in doubt is that it does travel - and travel with serious consequences. The international circulation of discourses and practices has become a pressing issue for scholars who try to understand their operation in their own particular cultural contexts. This collection of essays seeks a constructive comparative view of these tendencies to convergence and divergence. (shrink)

Radical or Marxist criminology is an influential critique which emerged in the late 1960s and emphasizes how power inequality and structures, especially those related to class, affect the nature of crime, law and justice. The essays selected for this volume draw attention to the influence of structural forces, neglected crime and the ways in which law and criminal justice processes reinforce power structures and contribute to class control.

The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book (...) he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism. (shrink)

Michael Foucault's writing has shaped the teaching of half a dozen disciplines, ranging from literary criticism to the history of criminology. But none of his books offers a satisfactory introduction to the entire complex body of his work. The Foucault Reader precisely serves that purpose. It contains selections from each area of Foucault's thought, a wealth of previously unpublished writings, and an interview with Foucault during which he discusses his philosophy with unprecedented candor.

Crime, Justice and Human Rights is an introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Integrating human rights and criminological frameworks across a range of subject areas - from criminalization and state crime, to crime prevention and critical analyses of the operation of the police, courts and penal system - the authors highlight both the potential and the limitations of human rights in informing new directions in criminology. Featuring case (...) material from Europe, North America, Australia and beyond, this critical, multidisciplinary text supports the teaching of human rights across a wide range of criminological topics, and assists students, researchers and independent readers to incorporate human rights paradigms into their criminological analysis. (shrink)

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of (...) incremental reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and (...) makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would imply for substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of relations between state and society founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology. (shrink)

t. 1. Obshchai︠a︡ teorii︠a︡ prava. Ugolovnoe pravo -- t. 2. Kriminologii︠a︡, sot︠s︡iologii︠a︡, konfliktologii︠a︡ -- t. 3. Politologii︠a︡, ideologii︠a︡, ėtika.