Suchergebnisse

The series, St Andrews Studies in Philosophy and Public Life originates in the Centre for Ethics, Philosophy and Public Affairs, University of St Andrews and is under the general editorship of John Haldane. The series includes monographs, collections of essays and occasional anthologies of source material representing study in those areas of philosophy most relevant to topics of public importance, with the aim of advancing the contribution of philosophy in the discussion of these topics. In

With the important exception of critiques of rehabilitation, philosophers of punishment do not often have probation as their focus. This (relative) neglect is mutual: when probation policymakers, scholars and practitioners reflect upon their own work, practices and values, the insights of the philosophy of punishment are rarely among their chosen resources. This paper attempts to make some connections and to point to some ways in which a fuller engagement might shed a different light on some familiar questions in the philosophy of punishment and enrich thinking about the work of probation.

From the dawn of human civilization, the existence of crimeand punishment are acutely noticeable. Paradoxically, crime and punishment are interrelated termed with each other in contemporary criminology. The prime objective of the study is to identify the changing nature and forms of the philosophy of punishment from historical perspectives. Moreover, the study also tried to find out the associated factors, which contribute to the philosophical change from ancient period to modern age. The review paper is based on secondary sources as well as historical documents like journal articles, authentic books. There are three basic eras perceptible in accordance with the historical viewpoint which are pre classical, classical and modern having retributive, deterrent, rehabilitative and re-integrative philosophies of punishment respectively. The nature of punishment changed due to the impact of political movement especially the French Revolution, industrialization, advancement of science and technology, advent of law enforcing agencies viz., police, courts, and correction systems. Although, the modern philosophy ofpunishment is re-integrative and rehabilitative, but still punishment itself is a debatable issues from different points of view such as existentialism and postmodernism.

Introduction: modern philosophies of punishment and the return to Aquinas -- The problem with the utilitarian theory of punishment -- The problem with modern retributivism -- Foundations of the Thomistic theory of punishment -- The moral basis of punishment: Aquinas's retributivism -- Beyond retribution: punishing criminals in civil society -- Capital punishment, evangelium vitae, and the Thomistic theory of punishment -- Conclusion: Thomas Aquinas and modern theories of punishment.

Introduction: modern philosophies of punishment and the return to Aquinas -- The problem with the utilitarian theory of punishment -- The problem with modern retributivism -- Foundations of the Thomistic theory of punishment -- The moral basis of punishment: Aquinas's retributivism -- Beyond retribution: punishing criminals in civil society -- Capital punishment, evangelium vitae, and the Thomistic theory of punishment -- Conclusion: Thomas Aquinas and modern theories of punishment

1. Introduction: Punishment, Its Meaning and Justification; Matthew C. Altman -- Part I: Philosophic History of Punishment Theory -- 2. The Philosophy of Punishment and the Arc of Penal Reform: From Ancient Lawgivers to the Renaissance and the Enlightenment, and through the Nineteenth Century; John D. Bessler -- 3. A Return to Hobbes: Reflections on Legal Positivism and the Point of Punishment; Margaret Martin -- 4. Is Crime Caused by Illness, Immorality, or Injustice? Theories of Punishment from 1900 to Today; Amelia M. Wirts -- Part II: Retributivism, Consequentialism, and Mixed Theories -- 5. Relational Conceptions of Retribution; Leora Dahan Katz - 6. Doubts about Retribution: Is Punishment Non-Instrumentally Good or Right?; Isaac Wiegman -- 7. Consequentialist Theories of Punishment; Hsin-Wen Lee -- 8. Rethinking Four Criticisms of Consequentialist Theories of Punishment; Christopher Bennett -- 9. In Defense of a Mixed Theory of Punishment; Matthew C. Altman -- 10. Rethinking Mixed Justifications; Leo Zaibert -- Part III: Beyond the Traditional Approaches -- 11. Expressive Theories of Punishment; Bill Wringe -- 12. Justifying Criminal Punishment as Societal-Defense; Phillip Montague -- 13. Fair Play Theories of Punishment; Göran Duus-Otterström -- 14. The Rights-Forfeiture Theory of Punishment; Whitley Kaufman -- Part IV: Punishment in the Political Context -- 15. Criminal Justice and the Liberal State; Matt Matravers -- 16. From the Philosophy of Punishment to the Philosophy of Criminal Justice; Javier Wilenmann and Vincent Chiao -- 17. Beware of Prosecutors Bearing Gifts: How the Ancient Greeks Can Help Cure Our Addiction to Excessive Punishment; Clark M. Neily III and Chris W. Surprenant -- Part V: Proportionality and Sentencing -- 18. Proportionality Collapses: The Search for an Adequate Equation for Proportionality; Stephen Kershnar -- 19. Sentencing Pluralism; Douglas Husak -- Part VI: Neuroscience, Determinism, and Free Will Skepticism -- 20. The Impact of Neuromorality on Punishment: Retribution or Rehabilitation?; Sandy Xie, Colleen M. Berryessa, and Farah Focquaert -- 21. Punishment without Blame, Shame, or Just Deserts; Bruce N. Waller -- 22. Retributivism, Free Will, and the Public Health-Quarantine Model; Gregg D. Caruso -- 23. Do Rapists Deserve Criminal Treatment?; Katrina L. Sifferd -- 24. Free Will Skepticism and Criminals as Ends in Themselves; Benjamin Vilhauer -- Part VII: Abolitionism -- 25. Against Legal Punishment; Nathan Hanna -- 26. The Abolition of Punishment; Michael Davis -- Part VIII: Forgiveness and Restoration -- 27. Punishment and Forgiveness; John Kleinig -- 28. Restorative Justice, Punishment, and the Law; Lode Walgrave -- 29. Punitive Restoration; Thom Brooks -- Part IX: Applications -- 30. Mass Incarceration as Distributive Injustice; Benjamin Ewing -- 31. Blaming Kids; Craig K. Agule -- 32. Punitive Torture; Peter Brian Barry -- 33. The Justice of Capital Punishment; Edward Feser -- 34. The Impermissibility of Execution; Benjamin S. Yost -- 35. Cruel and Unusual Punishment; Chad Flanders.

The problem of punishment and the return to the history of political thought / Peter Karl Koritansky -- The limits of reform : punishment and reason in Plato's second-best city / V. Bradley Lewis -- Stoicism and punishment : social practices and human attitudes / Michael J. White -- Augustine on punishment and the mystery of human freedom / John von Heyking -- Christianity, punishment, and natural law : Thomas Aquinas' premodern retributivism / Peter Karl Koritansky -- Thomas Hobbes, punishment, and the limits of the social contract / John C. Koritansky -- Kant on the role of the retributive outlook in moral and political life / Arthur Shuster -- The principles of utilitarian penal law in Beccaria, Bentham, and J.S. Mill / James E. Crimmins -- Nietzsche's new naturalized conception of justice and punishment / Jeffrey Metzger -- Punishing some, disciplining all : Foucault and the techniques of political violence / Jeffrey Polet