[PDF] How Can Restorative Justice And The Unified Theory Of Punishment Help Us Make Sense Of Corporate Crime And Punishment eBook

Author : David J. Cornwell
Publisher : Waterside Press
Page : 192 pages
File Size : 41,25 MB
Release : 2006
Category : Criminal justice, Administration of
ISBN : 1904380204

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Criminal Punishment and Restorative Justice is an appraisal of the divide that exists between punitive and restorative methods. The book looks at events that serve to restrict a greater and more emphatic adoption of restorative justice and its huge potential in contemporary criminal justice developments. In an era of increasing and worldwide reliance on imprisonment and other punitive methods, the author argues that justice and communities would be far better served by a more enthusiastic and early shift to restorative methods. Criminal Punishment and Restorative Justice provides an international perspective on how restorative justice can bring about an altogether more enlightened approach to dealing with offenders and victims alike, against a backdrop of often spurious, traditional justifications for punishment. While acknowledging the need for a constructive use of custody and other corrections in response to serious crime, the author points out that the present over-reliance on custody can be reduced by challenging offenders to take responsibility for their offenses and to make practical reparation for their wrong-doing and repairing the harm that they have caused. The book also assesses the potential of restorative justice to make corrections more effective, civilized, humane, and pragmatic in terms of finding solutions to crime on the basis of sound principles and information, not political expediency.

Author : Erik Claes
Publisher : Intersentia nv
Page : 214 pages
File Size : 19,39 MB
Release : 2005
Category : Corrections
ISBN : 9050954235

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Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.

Author : Thom Brooks
Publisher : Routledge
Page : 242 pages
File Size : 35,79 MB
Release : 2021-03-30
Category : Law
ISBN : 1315527758

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Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.

Author : Wesley Cragg
Publisher : Routledge
Page : 223 pages
File Size : 44,29 MB
Release : 2003-09-02
Category : Education
ISBN : 1134965907

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Cragg combines the findings of contemporary studies, reports and papers focusing on crime, punishment and penal practice with philosophical argument and thereby constructs a radical theory of restorative justice.

Author : Whitley R.P. Kaufman
Publisher : Springer Science & Business Media
Page : 209 pages
File Size : 20,19 MB
Release : 2012-08-28
Category : Philosophy
ISBN : 9400748450

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This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new “abolitionist” movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.​

Author : R. A. Duff
Publisher : Oxford University Press
Page : 266 pages
File Size : 31,28 MB
Release : 2003-05-15
Category : Law
ISBN : 0198026439

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The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.

Author : L. Walgrave
Publisher : Routledge
Page : 270 pages
File Size : 48,29 MB
Release : 2002
Category : Law
ISBN : 1903240972

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Restorative justice has developed from a barely known term to a central role in debates on the future of criminal justice. But as it has moved into the mainstream so new tensions and issues have emerged as it becomes increasingly integrated into normal practice, and part of broader legal and judicial systems ­ both in common law countries and those with centralised legal systems. The purpose of this book is to explore this developing relationship between the concepts and practice of restorative justice on the one hand, and the law and legal systems on the other. Amongst the questions it addresses are the following: how are informal processes to be juxtaposed with formal procedures? what is the appropriate relationship between voluntarism and coercion? how can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts?

Author : Thom Brooks
Publisher : Routledge
Page : 298 pages
File Size : 12,93 MB
Release : 2012-11-14
Category : Social Science
ISBN : 113408319X

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Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first critical guide to examine all leading contemporary theories of punishment, this book explores – among others – the communicative theory of punishment, restorative justice, and the unified theory of punishment. Thom Brooks examines several case studies in detail, including capital punishment, juvenile offending, and domestic abuse. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking. Punishment is a textbook designed to introduce both undergraduate and postgraduate students to the topic of punishment. It will be essential for undergraduate students in: philosophy, criminal justice, criminology, justice studies, law, politics, and sociology.