The Limits of Blame

The Limits of Blame
Title The Limits of Blame PDF eBook
Author Erin I. Kelly
Publisher Harvard University Press
Pages 241
Release 2018-11-12
Genre Philosophy
ISBN 0674980778

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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.

Responsibility for Justice

Responsibility for Justice
Title Responsibility for Justice PDF eBook
Author Iris Marion Young
Publisher Oxford University Press
Pages 220
Release 2011-01-19
Genre Philosophy
ISBN 019988935X

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When the noted political philosopher Iris Marion Young died in 2006, her death was mourned as the passing of "one of the most important political philosophers of the past quarter-century" (Cass Sunstein) and as an important and innovative thinker working at the conjunction of a number of important topics: global justice; democracy and difference; continental political theory; ethics and international affairs; and gender, race and public policy. In her long-awaited Responsibility for Justice, Young discusses our responsibilities to address "structural" injustices in which we among many are implicated (but for which we not to blame), often by virtue of participating in a market, such as buying goods produced in sweatshops, or participating in booming housing markets that leave many homeless. Young argues that addressing these structural injustices requires a new model of responsibility, which she calls the "social connection" model. She develops this idea by clarifying the nature of structural injustice; developing the notion of political responsibility for injustice and how it differs from older ideas of blame and guilt; and finally how we can then use this model to describe our responsibilities to others no matter who we are and where we live. With a foreward by Martha C. Nussbaum, this last statement by a revered and highly influential thinker will be of great interest to political theorists and philosophers, ethicists, and feminist and political philosophers.

Positive Obligations in Criminal Law

Positive Obligations in Criminal Law
Title Positive Obligations in Criminal Law PDF eBook
Author Andrew Ashworth
Publisher A&C Black
Pages 395
Release 2014-07-18
Genre Law
ISBN 1782253424

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This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.

Legal Blame

Legal Blame
Title Legal Blame PDF eBook
Author Neal Feigenson
Publisher Amer Psychological Assn
Pages 301
Release 2001
Genre Law
ISBN 9781557988348

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Annotation Legal Blame sheds new light on how jurors try to do justice in the wake of accidents and reveals much about the overall psychology of jury decision making. Neal Feigenson, a professor of law, offers an illuminating framework for how jurors use their common sense, together with the law and the facts, to produce what the author refers to as "total justice." This book will appeal to lawyers, expert witnesses, practicing students, and academics, as well as anyone who is interested in learning about the psychology of legal persuasion.

Victims' Rights and Victims' Wrongs

Victims' Rights and Victims' Wrongs
Title Victims' Rights and Victims' Wrongs PDF eBook
Author Vera Bergelson
Publisher Stanford University Press
Pages 248
Release 2009-08-18
Genre Law
ISBN 0804772436

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"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.

Justice, Liability, And Blame

Justice, Liability, And Blame
Title Justice, Liability, And Blame PDF eBook
Author Paul Robinson
Publisher Westview Press
Pages 336
Release 1995-03-29
Genre Law
ISBN

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Do lay judgments about criminal transgressions conflict with the way a case is judged within the legal code? The authors, a law professor and a research psychologist, suggest that such discrepancies in judgment can lead to the loss of the legal code's effectiveness of exercising moral authority within the community. An important look at the breakdown of law and order.

Corporations and Criminal Responsibility

Corporations and Criminal Responsibility
Title Corporations and Criminal Responsibility PDF eBook
Author Celia Wells
Publisher Oxford University Press, USA
Pages 228
Release 2001
Genre Law
ISBN 9780199246199

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Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.