The Right To Be Punished

Author: Gabriel Hallevy
Publisher: Springer Science & Business Media
ISBN: 3642323871
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See more in Marvin Frankel, Lawlessness in Sentencing, Principled Sentencing:
Readings on Theory and Policy 237 (Andrew von Hirsch, Andrew Ashworth and
Julian Roberts eds., 3rd ed., 2009). 2 Above at Chap. 2. G. Hallevy, The Right to
Be Punished, DOI 10.1007/978-3-642-32388-1_4, # Springer-Verlag Berlin
Heidelberg 2013 103 4 an offense requires the application of these general
purposes to. General Structure of Doctrinal Sentencing 3 Above at Chap. 3. 4For
adequacy ...

The Sources Of Moral Agency

Author: John Deigh
Publisher: Cambridge University Press
ISBN: 9780521556224
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2 On the right to be punished: Some doubts I Some doctrines outlive the systems
of philosophy that bear them. Such is the doctrine that a criminal has a right to be
punished for his crime. Born of Hegelian social philosophy, it still finds adherents
and sympathizers long after the death of its progenitor.1 The reason for its
independent life is not hard to make out. The doctrine captures for many the
uplifting thought that human society owes even its most inimical members respect
as ...


Author: Alan John Simmons
Publisher: Princeton University Press
ISBN: 9780691029559
Size: 67.14 MB
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What is distinctive about this fourth interpretation of the question "When is
punishment just?" is that the kinds of answers often given to the other three
interpretations seem quite feeble when offered as answers to this one. While one
may be convinced that the practice of pun- This article is a shortened version of a
chapter in my forthcoming book, The Lockean Theory of Rights, to be published
by Princeton University Press. I am grateful to Nancy Schauber, George Klosko,
Julian ...

Hegel S Ethical Thought

Author: Allen W. Wood
Publisher: Cambridge University Press
ISBN: 9780521377829
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Hegel explicitly rejects Cesare Beccaria's contractarian theory of punishment (PR
§ looR). But he does accept Beccaria's claim that punishment is based on the
criminal's consent to be punished: "What Lieccaria demands, that a man must
give his consent to be punished, is quite right; but the criminal already gives his
consent through his deed. It is the nature of the crime and the criminal's own will
that the violation proceeding from him should be canceled" (PR § tooA). Hegel
even ...

Rights Goods And Democracy

Author: Ramon M. Lemos
Publisher: University of Delaware Press
ISBN: 9780874133127
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BEFORE we turn to consider various specific natural rights we shall examine a
certain response appropriate to certain violations of rights and culpable failures
to fulfill obligations. The response in question is punishment. Indeed, it may not
be too extreme to regard the right to punish as being itself a specific natural right.
Given, that is, that certain violations of rights and culpable failures to fulfill
obligations occur, certain people have a right to punish those guilty of such
violations and ...

Punishment Sentencing

Author: Mirko Bageric
Publisher: Cavendish Publishing
ISBN: 1843142465
Size: 65.95 MB
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The vacuousness of rights based theories and their propensity to confuse is no
more apparent than in the punishment debate where a 'right to be punished' has
been suggested. Morris (in a similar vein to Duff) declares that the right to be
punished stems from 'a right to be treated as a person which is a fundamental
human right belonging to all human beings by virtue of their being human. It is
also a natural, inalienable, and absolute right'.85 The right to punishment was
discussed at ...

Giving Desert Its Due

Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 9401577064
Size: 34.66 MB
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a more important right or “to prevent a catastrophe”. An alleged right which can
be overriden by a mere calculus of net gains is not a genuine right.” Now it
should be noted that this notion of rights as “trumps applies to a 'right to a system
of punishment but does not apply to a 'right to be punished'. As far as the latter is
concerned, the practices of amnesty, mercy or release on parole are examples of
situations when considerations of social good, expediency or humanitarianism
prevail ...

The History Of Punishment

Author: Lewis Lyons
Publisher: Lyons Press
ISBN: 9781592280285
Size: 61.98 MB
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This book outlines changing ideas of law and punishment, from the ancient Babylonian code of Hammurabi, through Islamic Sharia law to modern notions of rehabilitation and the continued practice of corporal and capital punishment.

Responsibility And Punishment

Author: J. Angelo Corlett
Publisher: Springer Science & Business Media
ISBN: 9401598517
Size: 17.59 MB
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Punishment and Responsibility (Oxford: Oxford University Press, 1968). Hegel,
G. W. F. The Philosophy of the Right, F. M. Knox, Translator (Oxford: Oxford
University Press, 1942). Held, Virginia. "Can a Random Collection be Morally
Responsible?" The Journal of Philosophy, 67 (1970), pp. 471-80. . "Corporations,
Persons, and Responsibility," in Hugh Curtler, Editor, Shame, Responsibility, and
the Corporation (New York: Haven, 1986), pp. 159-181. Herman, Barbara. "
Feinberg on ...

Punished By Rewards

Author: Alfie Kohn
Publisher: Houghton Mifflin Harcourt
ISBN: 9780547526157
Size: 33.42 MB
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"Do rewards motivate people?" asks Kohn. "Yes. They motivate people to get rewards." Seasoned with humor and familiar examples, Punished By Rewards presents an argument unsettling to hear but impossible to dismiss.