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Author: Paul H. Robinson
Publisher: Oxford University Press
ISBN: 0199917728
Category : Law
Languages : en
Pages : 584
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Book Description
Research suggests that people of all demographics have nuanced and sophisticated notions of justice. Intuitions of Justice and the Utility of Desert sketches the contours of a wide range of lay judgments of justice, touching many if not most of the issues that penal code drafters or policy makers must face.
Author: Paul H. Robinson
Publisher: Oxford University Press
ISBN: 0199917728
Category : Law
Languages : en
Pages : 584
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Book Description
Research suggests that people of all demographics have nuanced and sophisticated notions of justice. Intuitions of Justice and the Utility of Desert sketches the contours of a wide range of lay judgments of justice, touching many if not most of the issues that penal code drafters or policy makers must face.
Author: Paul H. Robinson
Publisher:
ISBN:
Category :
Languages : en
Pages : 554
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Book Description
Author: Paul H. Robinson
Publisher: Oxford University Press
ISBN: 0195365755
Category : Law
Languages : en
Pages : 286
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Book Description
Drawing from the existing theoretical literature and adding to it recent insights from the social sciences, Paul Robinson describes the nature of the practical challenge in setting rational punishment principles, how past efforts have failed, and the alternatives that have been tried.
Author: Paul H. Robinson
Publisher: Routledge
ISBN: 0429720688
Category : Law
Languages : en
Pages : 312
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Book Description
This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.
Author: Shelly Kagan
Publisher: Oxford University Press
ISBN: 0190233729
Category : Philosophy
Languages : en
Pages : 675
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Book Description
People differ in terms of how morally deserving they are. And it is a good thing if people get what they deserve. Accordingly, it is important to work out an adequate theory of moral desert. But while certain aspects of such a theory have been frequently discussed in the philosophical literature, many others have been surprisingly neglected. For example, if it is indeed true that it is morally good for people to get what they deserve, does it always do the same amount of good when someone gets what they deserve? Or does it matter how deserving the person is? If we cannot give someone exactly what they deserve, is it better to give too much-or better to give too little? Does being twice as virtuous make you twice as deserving? And how are we to take into account the thought that what you deserve depends in part on how others are doing? The Geometry of Desert explores a number of these less familiar questions, using graphs to illustrate the various possible answers. The result is a more careful investigation into the nature of moral desert than has ever previously been offered, one that reveals desert to have a hidden complexity that most of us have failed to recognize.
Author: Larry Alexander
Publisher: Springer Nature
ISBN: 3030228118
Category : Philosophy
Languages : en
Pages : 794
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Book Description
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
Author: Fred Feldman
Publisher: Oxford University Press
ISBN: 0198782985
Category : Philosophy
Languages : en
Pages : 280
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Book Description
This book presents and defends a novel theory of distributive justice, according to which political economic distributive justice reigns in a state if the government of that state ensures that citizens receive the benefits and burdens they deserve from it. The book starts with a more precise characterization of the target of this inquiry - political economic distributive justice. It then proceeds to explicate the concept of desert, evaluate proposed ways of justifying desert claims, formulate a number of desertist theories of justice, and draw out the special features of the version defended here. Once the proposed form of desertism has been stated, its implications are compared to those of egalitarianism, luck egalitarianism, sufficientism, the difference principle, libertarianism, and prioritarianism, with the aim of showing that desertism yields more attractive results in cases that prove difficult for other theories currently being discussed in the literature. Arguments - especially arguments deriving from Rawls -- against desertism are explained and shown to be ineffective. There is discussion of the distinction between comparative and non-comparative justice. Emphasis is placed on the distinction between (a) theories about the moral rightness of distributions, (b) theories about the intrinsic value of distributions, and (c) theories specifically about the justice of distributions. There is discussion of the unfortunate results of confusion of these different sorts of theory. The views of Rawls, Nozick, Parfit, Frankfurt, Feinberg and others are discussed. A version of the method of reflective equilibrium is explained and defended. The book concludes with a series of admissions concerning puzzles that remain unsolved.--Publisher website.
Author: Stephen Nathanson
Publisher: Rowman & Littlefield
ISBN: 9780742513266
Category : Philosophy
Languages : en
Pages : 228
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Book Description
The death penalty issue has become the epitome of the unresolvable issue, the question which people answer on the basis of gut reactions rather than logical arguments. In the second edition of An Eye for an Eye? Stephen Nathanson evaluates arguments for and against the death penalty, and ultimately defends an abolitionist position to the controversial practice, including arguments that show how and why the dealth penalty is inconsistent with respect for life and a commitment to justice. A timely new postscript and an updated bibliography accompany the volume.
Author: David Schmidtz
Publisher: Cambridge University Press
ISBN: 1139452037
Category : Philosophy
Languages : en
Pages : 229
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Book Description
What is justice? Questions of justice are questions about what people are due. However, what that means in practice depends on the context in which the question is raised. Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or need. Justice, therefore, is a constellation of elements that exhibit a degree of integration and unity. Nonetheless, the integrity of justice is limited, in a way that is akin to the integrity of a neighborhood rather than that of a building. A theory of justice offers individuals a map of that neighborhood, within which they can explore just what elements amount to justice.
Author: Paul H. Robinson
Publisher: U of Nebraska Press
ISBN: 1612347320
Category : History
Languages : en
Pages : 360
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Book Description
It has long been held that humans need government to impose social order on a chaotic, dangerous world. How, then, did early humans survive on the Serengeti Plain, surrounded by faster, stronger, and bigger predators in a harsh and forbidding environment? Pirates, Prisoners, and Lepers examines an array of natural experiments and accidents of human history to explore the fundamental nature of how human beings act when beyond the scope of the law. Pirates of the 1700s, the leper colony on Molokai Island, prisoners of the Nazis, hippie communes of the 1970s, shipwreck and plane crash survivors, and many more diverse groups—they all existed in the absence of formal rules, punishments, and hierarchies. Paul and Sarah Robinson draw on these real-life stories to suggest that humans are predisposed to be cooperative, within limits. What these “communities” did and how they managed have dramatic implications for shaping our modern institutions. Should today’s criminal justice system build on people’s shared intuitions about justice? Or are we better off acknowledging this aspect of human nature but using law to temper it? Knowing the true nature of our human character and our innate ideas about justice offers a roadmap to a better society.
