The Limits Of Blame
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Author |
: Erin I. Kelly |
Publisher |
: Harvard University Press |
Total Pages |
: 241 |
Release |
: 2018-11-12 |
ISBN-10 |
: 9780674980778 |
ISBN-13 |
: 0674980778 |
Rating |
: 4/5 (78 Downloads) |
Synopsis The Limits of Blame by : Erin I. Kelly
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Author |
: Erin Kelly |
Publisher |
: |
Total Pages |
: |
Release |
: 2018 |
ISBN-10 |
: 0674989430 |
ISBN-13 |
: 9780674989436 |
Rating |
: 4/5 (30 Downloads) |
Synopsis The Limits of Blame by : Erin Kelly
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. The author underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.--
Author |
: Douglas Husak |
Publisher |
: Oxford University Press |
Total Pages |
: 244 |
Release |
: 2008-01-08 |
ISBN-10 |
: 9780198043997 |
ISBN-13 |
: 0198043996 |
Rating |
: 4/5 (97 Downloads) |
Synopsis Overcriminalization by : Douglas Husak
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Author |
: Christopher Hood |
Publisher |
: Princeton University Press |
Total Pages |
: 239 |
Release |
: 2013-12-01 |
ISBN-10 |
: 9780691162126 |
ISBN-13 |
: 0691162123 |
Rating |
: 4/5 (26 Downloads) |
Synopsis The Blame Game by : Christopher Hood
The blame game, with its finger-pointing and mutual buck-passing, is a familiar feature of politics and organizational life, and blame avoidance pervades government and public organizations at every level. Political and bureaucratic blame games and blame avoidance are more often condemned than analyzed. In The Blame Game, Christopher Hood takes a different approach by showing how blame avoidance shapes the workings of government and public services. Arguing that the blaming phenomenon is not all bad, Hood demonstrates that it can actually help to pin down responsibility, and he examines different kinds of blame avoidance, both positive and negative. Hood traces how the main forms of blame avoidance manifest themselves in presentational and "spin" activity, the architecture of organizations, and the shaping of standard operating routines. He analyzes the scope and limits of blame avoidance, and he considers how it plays out in old and new areas, such as those offered by the digital age of websites and e-mail. Hood assesses the effects of this behavior, from high-level problems of democratic accountability trails going cold to the frustrations of dealing with organizations whose procedures seem to ensure that no one is responsible for anything. Delving into the inner workings of complex institutions, The Blame Game proves how a better understanding of blame avoidance can improve the quality of modern governance, management, and organizational design.
Author |
: Michael S. Moore |
Publisher |
: |
Total Pages |
: 873 |
Release |
: 2010 |
ISBN-10 |
: 9780199599493 |
ISBN-13 |
: 0199599491 |
Rating |
: 4/5 (93 Downloads) |
Synopsis Placing Blame by : Michael S. Moore
This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.
Author |
: Paul Russell |
Publisher |
: Oxford University Press |
Total Pages |
: 313 |
Release |
: 2017-09-22 |
ISBN-10 |
: 9780190627621 |
ISBN-13 |
: 019062762X |
Rating |
: 4/5 (21 Downloads) |
Synopsis The Limits of Free Will by : Paul Russell
The Limits of Free Will presents influential articles by Paul Russell concerning free will and moral responsibility. The problems arising in this field of philosophy, which are deeply rooted in the history of the subject, are also intimately related to a wide range of other fields, such as law and criminology, moral psychology, theology, and, more recently, neuroscience. These articles were written and published over a period of three decades, although most have appeared in the past decade. Among the topics covered: the challenge of skepticism; moral sentiment and moral capacity; necessity and the metaphysics of causation; practical reason; free will and art; fatalism and the limits of agency; moral luck, and our metaphysical attitudes of optimism and pessimism. Some essays are primarily critical in character, presenting critiques and commentary on major works or contributions in the contemporary scene. Others are mainly constructive, aiming to develop and articulate a distinctive account of compatibilism. The general theory advanced by Russell, which he describes as a form of "critical compatibilism", rejects any form of unqualified or radical skepticism; but it also insists that a plausible compatibilism has significant and substantive implications about the limits of agency and argues that this licenses a metaphysical attitude of (modest) pessimism on this topic. While each essay is self-standing, there is nevertheless a core set of themes and issues that unite and link them together. The collection is arranged and organized in a format that enables the reader to appreciate and recognize these links and core themes.
Author |
: Gregg D. Caruso |
Publisher |
: Cambridge University Press |
Total Pages |
: 401 |
Release |
: 2021-04-29 |
ISBN-10 |
: 9781108484701 |
ISBN-13 |
: 1108484700 |
Rating |
: 4/5 (01 Downloads) |
Synopsis Rejecting Retributivism by : Gregg D. Caruso
Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Author |
: Sophie Grace Chappell |
Publisher |
: Routledge |
Total Pages |
: 268 |
Release |
: 2020-06-30 |
ISBN-10 |
: 0367582090 |
ISBN-13 |
: 9780367582098 |
Rating |
: 4/5 (90 Downloads) |
Synopsis Ethics Beyond the Limits by : Sophie Grace Chappell
Bernard Williams' Ethics and the Limits of Philosophy is widely regarded as one of the most important works of moral philosophy in the last fifty years. In this outstanding collection of new essays, fourteen internationally-recognised philosophers examine the enduring contribution that Williams's book continues to make to ethics. Required
Author |
: Antjie Krog |
Publisher |
: Crown |
Total Pages |
: 434 |
Release |
: 2007-12-18 |
ISBN-10 |
: 9780307420503 |
ISBN-13 |
: 0307420507 |
Rating |
: 4/5 (03 Downloads) |
Synopsis Country of My Skull by : Antjie Krog
Ever since Nelson Mandela dramatically walked out of prison in 1990 after twenty-seven years behind bars, South Africa has been undergoing a radical transformation. In one of the most miraculous events of the century, the oppressive system of apartheid was dismantled. Repressive laws mandating separation of the races were thrown out. The country, which had been carved into a crazy quilt that reserved the most prosperous areas for whites and the most desolate and backward for blacks, was reunited. The dreaded and dangerous security force, which for years had systematically tortured, spied upon, and harassed people of color and their white supporters, was dismantled. But how could this country--one of spectacular beauty and promise--come to terms with its ugly past? How could its people, whom the oppressive white government had pitted against one another, live side by side as friends and neighbors? To begin the healing process, Nelson Mandela created the Truth and Reconciliation Commission, headed by the renowned cleric Archbishop Desmond Tutu. Established in 1995, the commission faced the awesome task of hearing the testimony of the victims of apartheid as well as the oppressors. Amnesty was granted to those who offered a full confession of any crimes associated with apartheid. Since the commission began its work, it has been the central player in a drama that has riveted the country. In this book, Antjie Krog, a South African journalist and poet who has covered the work of the commission, recounts the drama, the horrors, the wrenching personal stories of the victims and their families. Through the testimonies of victims of abuse and violence, from the appearance of Winnie Mandela to former South African president P. W. Botha's extraordinary courthouse press conference, this award-winning poet leads us on an amazing journey. Country of My Skull captures the complexity of the Truth Commission's work. The narrative is often traumatic, vivid, and provocative. Krog's powerful prose lures the reader actively and inventively through a mosaic of insights, impressions, and secret themes. This compelling tale is Antjie Krog's profound literary account of the mending of a country that was in colossal need of change.
Author |
: T. M. Scanlon |
Publisher |
: Harvard University Press |
Total Pages |
: 262 |
Release |
: 2010-09-30 |
ISBN-10 |
: 9780674057456 |
ISBN-13 |
: 0674057457 |
Rating |
: 4/5 (56 Downloads) |
Synopsis Moral Dimensions by : T. M. Scanlon
In a clear and elegant style, T. M. Scanlon reframes current philosophical debates as he explores the moral permissibility of an action. Permissibility may seem to depend on the agentÕs reasons for performing an action. For example, there seems to be an important moral difference between tactical bombing and a campaign by terroristsÑeven if the same number of non-combatants are killedÑand this difference may seem to lie in the agentsÕ respective aims. However, Scanlon argues that the apparent dependence of permissibility on the agentÕs reasons in such cases is merely a failure to distinguish between two kinds of moral assessment: assessment of the permissibility of an action and assessment of the way an agent decided what to do. Distinguishing between these two forms of assessment leads Scanlon to an important distinction between the permissibility of an action and its meaning: the significance for others of the agentÕs willingness to act in this way. An actionÕs meaning depends on the agentÕs reasons for performing it in a way that its permissibility does not. Blame, he argues, is a response to the meaning of an action rather than its permissibility. This analysis leads to a novel account of the conditions of moral responsibility and to important conclusions about the ethics of blame.