Author: Peter Karl Koritansky
Publisher: University of Missouri Press
Release Date: 2011-12-30
"Conveniently divided into three sections, the book explores pagan and Christian pre-modern thought; early modern thought, culminating in chapters on Kant and classic Utilitarianism; and postmodern thought as exemplified in the theories of Nietzsche and Foucault. In all, the essays probe the work of Plato, Saint Augustine, Saint Thomas Aquinas, Thomas Hobbes, Immanuel Kant, Cesere Beccaria, Jeremy Bentham, John Stuart Mill, Friedrich Nietzsche, and Michel Foucault.
Author: Anthony Ellis
Publisher: Andrews UK Limited
Release Date: 2012-05-30
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 this volume, the author sets aside the usual division between theories of punishment that do or do not focus on retribution. In its place he proposes and explores the distinction between internalist and externalist theories. The final chapter discusses the deterrent value of punishment.
Punishment, writes J. E. McTaggart, is pain and to inflict pain on any person obviously [requires] justification. But if the need to justify punishment is obvious, the manner of doing so is not. Philosophers have developed an array of diverse, often conflicting arguments to justify punitive institutions. Gertrude Ezorsky introduces this source book of significant historical and contemporary philosophical writings on problems of punishment with her own article, The Ethics of Punishment. She brings together systematically the important papers and relevant studies from psychology, law, and literature, and organizes them under five subtopics: concepts of punishment, the justification of punishment, strict liability, the death penalty, and alternatives to punishment. Under these general headings forty-two papers are presented to give philosophical perspectives on punishment. Included are many (e.g., John Stuart Mills defense of capital punishment) not generally available. This book brings together in a single volume the views of such diverse writers as Plato, St. Thomas Aquinas, Samuel Butler, Karl Marx, and Lady Barbara Wooten. Others are J. Andenaes, K. G. Armstrong, John Austin, Kurt Baier, Jeremy Bentham, F. H. Bradley, Richard Brandt, Clarence Darrow, A. C. Ewing, Joel Feinberg, The Hon. Mr. Gilpin, H. L. A. Hart, G. W. F. Hegel, Thomas Hobbs, Immanuel Kant, J. D. Mabbott, H. J. McCloskey, J. E. McTaggart, R. Martinson, G. E. Moore, Herbert Morris, Anthony Quinton, D. Daiches Raphael, H. Rashdall, John Rawls, W. D. Ross, Royal Commission on Capital Punishment Report 194953, George Bernard Shaw, T. L. S. Sprigge, and R. Wasserstrom.
Historical and contemporary philosophical writings on punishment. Bringing together classic and contemporary texts, this collection considers general philosophical concepts about and justifications for punishment, along with particular issues such as the death penalty and possible alternatives to punishment. New to the second edition are sections on prison labor, solitary confinement, and issues relating to the punishment of people of color, women, and the poor. Drawing from philosophy, law, literature, and activism, Gertrude Ezorsky provides a comprehensive and up-to-date account of the philosophical issues underlying and growing out of punishment.
Author: Michael Lobban
Publisher: Springer Science & Business Media
Release Date: 2007-01-24
This comprehensive treatment of legal philosophy and general jurisprudence is designed for jurists as well as legal and practical philosophers. The treatise is presented in two sections: The 5-volume Theoretical part (2005) covers topics of contemporary debate; The 6-volume Historical part (2006-2007) traces the development of legal thought from ancient Greece through the twentieth century. This release incorporates Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; and Vol 8: A History of the Philosophy of Law in the Common Law World, 1600-1900.
Author: Matthew H. Kramer
Publisher: OUP Oxford
Release Date: 2011-12-15
Debate has long been waged over the morality of capital punishment, with standard arguments in its favour being marshalled against familiar arguments that oppose the practice. In The Ethics of Capital Punishment, Matthew Kramer takes a fresh look at the philosophical arguments on which the legitimacy of the death penalty stands or falls, and he develops a novel justification of that penalty for a limited range of cases. The book pursues both a project of critical debunking of the familiar rationales for capital punishment and a project of partial vindication. The critical part presents some accessible and engaging critiques of major arguments that have been offered in support of the death penalty. These chapters, suitable for use in teaching courses on capital punishment, valuably take issue with positions at the heart of contemporary debates over the morality of such punishment. The book then presents an original justification for executing truly terrible criminals, a justification that is free-standing rather than an aspect or offshoot of a general theory of punishment. Its purgative rationale, which has not heretofore been propounded in any current philosophical and practical debates over the death penalty, derives from a philosophical reconception of the nature of evil and the nature of defilement. As the book contributes to philosophical discussions of those phenomena, it also contributes importantly to general normative ethics with sustained reflections on the differences between consequentialist approaches to punishment and deontological approaches. Above all, the volume contributes to the philosophy of criminal law with a fresh rationale for the use of the death penalty and with probing assessments of all the major theories of punishment that have been broached by jurists and philosophers for centuries. Although the book is a work of philosophy by a professional philosopher, it is readily accessible to readers who have not studied philosophy. It will stir both philosophers and anyone engaged with the death penalty to reconsider whether the institution of capital punishment can be an appropriate response to extreme evil.
Author: James Bernard Murphy
Publisher: Yale University Press
Release Date: 2008-10-01
In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.
Author: Thomas Aquinas
Publisher: Oxford University Press
Release Date: 2003-03-20
The De Malo represents some of Aquinas' most mature thinking on goodness, badness, and human agency. In it he examines the full range of questions associated with evil: its origin, its nature, its relation to good, and its compatibility with the existence of an omnipotent, benevolent God. This edition offers Richard Regan's new, clear readable English translation, based on the Leonine Commission's authoritative edition of the Latin text. Brian Davies has provided an extensive introduction and notes. (Please note: this edition does not include the Latin text).
Author: C. Seymour
Publisher: Springer Science & Business Media
Release Date: 2013-03-09
In A Theodicy of Hell Charles Seymour tackles one of the most difficult problems facing the western theistic tradition: to show the consonance between eternal punishment and the goodness of God. Medieval theology attempted to resolve the dilemma by arguing that any sin, no matter how slight, merits unending torment. Contemporary thinkers, on the other hand, tend to eliminate the retributive element from hell entirely. Combining historical breadth with detailed argumentation, the author develops a novel understanding of hell which avoids the extremes of both its traditional and modern rivals. He then surveys the battery of objections ranged against the possibility of eternal punishment and shows how his `freedom view of hell' can withstand the attack. The work will be of particular importance for those interested in philosophy of religion and theology, including academics, students, seminarians, clergy, and anyone else with a personal desire to come to terms with this perennially challenging doctrine.