Author: Victor Tadros
Publisher: Oxford University Press on Demand
ISBN: 0199554420
Category : Law
Languages : en
Pages : 385
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Book Description
How can the brutal and costly enterprise of criminal punishment be justified? This book makes a provocative, original contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wrongdoing.
Author: Victor Tadros
Publisher: OUP Oxford
ISBN: 0191018414
Category : Law
Languages : en
Pages : 384
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Book Description
Every modern democratic state imprisons thousands of offenders every year, depriving them of their liberty, causing them a great deal of psychological and sometimes physical harm. Relationships are destroyed, jobs are lost, the risk of the offender being harmed by other offenders is increased and all at great expense to the state. How can this brutal and costly enterprise be justified? Traditionally, philosophers answering this question have argued either that the punishment of wrongdoers is a good in itself (retributivism), or that it is a regrettable means to a valuable end, such as the deterrence of future wrongdoing, and thus justifiable on consequentialist grounds. This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'. On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing. The most important duties that ground the justification of punishment are the duty to recognize that the offender has done wrong and the duty to protect others against wrongdoing. In the light of these duties the state has a permission to punish offenders to ensure that they recognize that what they have done is wrong, but also to protect others from crime. In contrast to other justifications of punishment grounded in deterrence, the duty view is developed in the light of a non-consequentialist moral theory: a theory which endorses constraints on the pursuit of the good. It is shown that it is normally wrong to harm a person as a means to pursue a greater good. However, there are exceptions to this principle in cases where the person harmed has an enforceable duty to pursue the good. The implications of this idea are explored both in the context of self-defence, and then in the context of punishment. Through the systematic exploration of the relationship between self-defence and punishment, the book makes significant progress in defending a plausible set of non-consequentialist moral principles that justify the punishment of wrongdoers, and marks a significant contribution to the philosophical literature on punishment.
Author: Fiona Woollard
Publisher: OUP Oxford
ISBN: 0191506559
Category : Philosophy
Languages : en
Pages : 256
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Book Description
Doing harm seems much harder to justify than merely allowing harm. If a boulder is rushing towards Bob, you may refuse to save Bob's life by driving your car into the path of the boulder if doing so would cost you your own life. You may not push the boulder towards Bob to save your own life. This principle—the Doctrine of Doing and Allowing—requires defence. Does the distinction between doing and allowing fall apart under scrutiny? When lives are at stake, how can it matter whether harm is done or allowed? Drawing on detailed analysis of the distinction between doing and allowing, Fiona Woollard argues that the Doctrine of Doing and Allowing is best understood as a principle that protects us from harmful imposition. Such protection against imposition is necessary for morality to recognize anything as genuinely belonging to a person, even that person's own body. As morality must recognize each person's body as belonging to her, the Doctrine of Doing and Allowing should be accepted. Woollard defends a moderate account of our obligations to aid, tackling arguments by Peter Singer and Peter Unger that we must give most of our money away and arguments from Robert Nozick that obligations to aid are incompatible with self-ownership.
Author: Karen Conterio
Publisher: Hyperion Books
ISBN:
Category : Psychology
Languages : en
Pages : 346
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Book Description
Written by the directors of S.A.F.E. Alternatives, a self-injury treatment program, "Bodily Harm" is an authoritative examination of this alarming syndrome, offering a comprehensive treatment regimen.
Author: Zoe Weil
Publisher: Simon and Schuster
ISBN: 9781416959298
Category : Body, Mind & Spirit
Languages : en
Pages : 192
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Book Description
With a world steeped in materialism, environmental destruction, and injustice, what can one individual possibly do to change it? While the present obstacles we face may seem overwhelming, author and humane educator Zoe Weil shows us that change doesn't have to start with an army. It starts with you. Through her straightforward approaches to living a MOGO, or "most good," life, she reveals that the true path to inner peace doesn't require a retreat from the world. Rather, she gives the reader powerful and practicable tools to face these global issues, and improve both our planet and our personal lives. Weil explores direct ways to become involved with the community, make better choices as consumers, and develop positive messages to live by, showing readers that their simple decisions really can change the world. Inspiring and remarkably inclusive of the interconnected challenges we face today, Most Good, Least Harm is the next step beyond "green" -- a radical new way to empower the individual and motivate positive change.
Author: Michael J. Saks
Publisher: Oxford University Press
ISBN: 0190668008
Category : Medical
Languages : en
Pages : 353
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Book Description
After heart disease and cancer, the third leading cause of death in the United States is iatrogenic injury (avoidable injury or infection caused by a healer). Research suggests that avoidable errors claim several hundred thousand lives every year. The principal economic counterforce to such errors, malpractice litigation, has never been a particularly effective deterrent for a host of reasons, with fewer than 3% of negligently injured patients (or their families) receiving any compensation from a doctor or hospital's insurer. Closing Death's Door brings the psychology of decision making together with the law to explore ways to improve patient safety and reduce iatrogenic injury, when neither the healthcare industry itself nor the legal system has made a substantial dent in the problem. Beginning with an unflinching introduction to the problem of patient safety, the authors go on to define iatrogenic injury and its scope, shedding light on the culture and structure of a healthcare industry that has failed to effectively address the problem-and indeed that has influenced legislation to weaken existing legal protections and impede the adoption of potentially promising reforms. Examining the weak points in existing systems with an eye to using law to more effectively bring about improvement, the authors conclude by offering a set of ideas intended to start a conversation that will lead to new legal policies that lower the risk of harm to patients. Closing Death's Door is brought to vivid life by the stories of individuals and groups that have played leading roles in the nation's struggle with iatrogenic injury, and is essential reading for medical and legal professionals, as well as lawmakers and laypeople with an interest in healthcare policy.
Author: Danielle Sered
Publisher: The New Press
ISBN: 1620974800
Category : Law
Languages : en
Pages : 196
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Book Description
The award-winning “radically original” (The Atlantic) restorative justice leader, whose work the Washington Post has called “totally sensible and totally revolutionary,” grapples with the problem of violent crime in the movement for prison abolition A National Book Foundation Literature for Justice honoree A Kirkus “Best Book of 2019 to Fight Racism and Xenophobia” Winner of the National Association of Community and Restorative Justice Journalism Award Finalist for the Goddard Riverside Stephan Russo Book Prize for Social Justice In a book Democracy Now! calls a “complete overhaul of the way we’ve been taught to think about crime, punishment, and justice,” Danielle Sered, the executive director of Common Justice and renowned expert on violence, offers pragmatic solutions that take the place of prison, meeting the needs of survivors and creating pathways for people who have committed violence to repair harm. Critically, Sered argues that reckoning is owed not only on the part of individuals who have caused violence, but also by our nation for its overreliance on incarceration to produce safety—at a great cost to communities, survivors, racial equity, and the very fabric of our democracy. Although over half the people incarcerated in America today have committed violent offenses, the focus of reformers has been almost entirely on nonviolent and drug offenses. Called “innovative” and “truly remarkable” by The Atlantic and “a top-notch entry into the burgeoning incarceration debate” by Kirkus Reviews, Sered’s Until We Reckon argues with searing force and clarity that our communities are safer the less we rely on prisons and jails as a solution for wrongdoing. Sered asks us to reconsider the purposes of incarceration and argues persuasively that the needs of survivors of violent crime are better met by asking people who commit violence to accept responsibility for their actions and make amends in ways that are meaningful to those they have hurt—none of which happens in the context of a criminal trial or a prison sentence.
Author: Melinda Harm Benson
Publisher: University Press of Kansas
ISBN: 070062516X
Category : Nature
Languages : en
Pages : 256
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Book Description
The time has come for us to collectively reexamine—and ultimately move past—the concept of sustainability in environmental and natural resources law and management. The continued invocation of sustainability in policy discussions ignores the emerging reality of the Anthropocene, which is creating a world characterized by extreme complexity, radical uncertainty, and unprecedented change. From a legal and policy perspective, we must face the impossibility of even defining—let alone pursuing—a goal of “sustainability” in such a world. Melinda Harm Benson and Robin Kundis Craig propose resilience as a more realistic and workable communitarian approach to environmental governance. American environmental and natural resources laws date to the early 1970s, when the steady-state “Balance of Nature” model was in vogue—a model that ecologists have long since rejected, even before adding the complication of climate change. In the Anthropocene, a new era in which humans are the key agent of change on the planet, these laws (and American culture more generally) need to embrace new narratives of complex ecosystems and humans’ role as part of them—narratives exemplified by cultural tricksters and resilience theory. Updating Aldo Leopold’s vision of nature and humanity as a single community for the Anthropocene, Benson and Craig argue that the narrative of resilience integrates humans back into the complex social and ecological system known as Earth. As such, it empowers humans to act for a better future through law and policy despite the very real challenges of climate change.
Author: Nancy Berlinger
Publisher: JHU Press
ISBN: 0801895847
Category : Medical
Languages : en
Pages : 188
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Book Description
Medical error is a leading problem of health care in the United States. Each year, more patients die as a result of medical mistakes than are killed by motor vehicle accidents, breast cancer, or AIDS. While most government and regulatory efforts are directed toward reducing and preventing errors, the actions that should follow the injury or death of a patient are still hotly debated. According to Nancy Berlinger, conversations on patient safety are missing several important components: religious voices, traditions, and models. In After Harm, Berlinger draws on sources in theology, ethics, religion, and culture to create a practical and comprehensive approach to addressing the needs of patients, families, and clinicians affected by medical error. She emphasizes the importance of acknowledging fallibility, telling the truth, confronting feelings of guilt and shame, and providing just compensation. After Harm adds important human dimensions to an issue that has profound consequences for patients and health care providers.
Author: Victor Tadros
Publisher: Oxford University Press
ISBN: 0199571376
Category : Law
Languages : en
Pages : 369
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Book Description
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.
