Law Ideology And Punishment

Author: A.W. Norrie
Editor: Springer Science & Business Media
ISBN: 9400906994
File Size: 71,47 MB
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This book is about 'Kantianism' in both a narrow and a broad sense. In the former, it is about the tracing of the development of the retributive philosophy of punishment into and beyond its classical phase in the work of a number of philosophers, one of the most prominent of whom is Kant. In the latter, it is an exploration of the many instantiations of the 'Kantian' ideas of individual guilt, responsibility and justice within the substantive criminal law . On their face, such discussions may owe more or less explicitly to Kant, but, in their basic intellectual structure, they share a recognisably common commitment to certain ideas emerging from the liberal Enlightenment and embodied within a theory of criminal justice and punishment which is in this broader sense 'Kantian'. The work has its roots in the emergence in the 1970s and early 1980s in the United States and Britain of the 'justice model' of penal reform, a development that was as interesting in terms of the sociology of philosophical knowledge as it was in its own right. Only a few years earlier, I had been taught in undergraduate criminology (which appeared at the time to be the only discipline to have anything interesting to say about crime and punishment) that 'classical criminology' (that is, Beccaria and the other Enlightenment reformers, who had been colonised as a 'school' within criminology) had died a major death in the 19th century, from which there was no hope of resuscitation.

Law Ideology And Punishment

Author: Alan William Norrie
Editor:
ISBN:
File Size: 72,48 MB
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Criminal Law

Author: Boštjan M. Zupančič
Editor:
ISBN:
File Size: 15,10 MB
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Ideology And Criminal Law

Author: Stephen Skinner
Editor: Bloomsbury Publishing
ISBN: 1509910824
File Size: 66,50 MB
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With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.

Murder Stories

Author: Paul Kaplan
Editor:
ISBN: 9780739188163
File Size: 31,98 MB
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Murder Stories takes on the difficult question of American retention of capital punishment by investigating the elusive role of ideology in the law. As such it is a prime example of contemporary scholarship on the death penalty and law and society.

Ideology And Punishment

Author: Leslie Cheryl Patrick-Stamp
Editor:
ISBN:
File Size: 29,88 MB
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Ideology Crime And Criminal Justice

Author: Anthony Bottoms
Editor: Routledge
ISBN: 1135994269
File Size: 11,54 MB
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In this book six leading criminologists address the central issues of ideology, crime and criminal justice in a series of essays originally presented at a symposium held in honour of Sir Leon Radzinowicz in Cambridge in March 2001. This book is concerned with the key themes of the history of criminal justice, the history and development of criminological thought, and criminal justice policy. Each of the contributed chapters makes an original and important contribution to the development of the discipline of criminology. This book is valuable reading for anybody interested in the past and present of the discipline of criminology, explored through essays on morality, prisons, policing, criminal justice and penal policy.

Buffalo Criminal Law Review

Author:
Editor:
ISBN:
File Size: 39,70 MB
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Law Power And Imperial Ideology In The Iconoclast Era

Author: M. T. G. Humphreys
Editor: Oxford University Press, USA
ISBN: 0198701578
File Size: 37,63 MB
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Law was central to the ancient Roman conception of themselves and their empire. Yet what happened to Roman law and the position it occupied ideologically during the turbulent years of the Iconoclast era, c.680-850, is seldom explored and little understood. This volume uses Roman law and canon law to chart the various responses to these changing times - especially the rise of Islam, from Justinian II's Christocentric monarchy to the Old Testament-inspired Isauriandynasty - and the transformation from the late antique Roman Empire to medieval Byzantium.

Punishment

Author: Antony Duff
Editor: Dartmouth Publishing Company
ISBN:
File Size: 64,38 MB
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This philosophical work on punishment includes coverage of retributivisms, moral education and reform, consequentialism and rights, sentencing and how to make the punishment fit the crime, abolitionism and sociological perspectives.

Communist Ideology Law And Crime

Author: Maria W. Los
Editor: Springer
ISBN: 1349088552
File Size: 43,50 MB
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Murder Inequality And The Law

Author: Victoria Lynn Swigert
Editor: Great Source Education Group
ISBN:
File Size: 15,15 MB
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Cutting Of Hand And Islamic Ideology

Author: Mohammad Iqbal Ghazi
Editor:
ISBN:
File Size: 65,49 MB
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Legality Ideology And The State

Author: David Sugarman
Editor:
ISBN:
File Size: 13,33 MB
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Karls Renner on socialist legality; Pashukanis and the comodity form theory; Legality and political legitimacy in the sociology of Max Weber; Gramsci, the state and the place of law; Law, legitimation and the advanced capitalist state: the jurisprudence and social theory of Jurgen Habermas; Law, plurality and underdevelopment; State, civil society and total institution: a critique of recent social histories of punishment; Law, economy and the state in England, 1750-1914: some major issues; Anarchism, marxism and the critique law.

Ideology Psychology And Law

Author: Jon Hanson
Editor: OUP USA
ISBN: 9780199737512
File Size: 29,81 MB
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Formally, the law purports to be based solely in reasoned analysis, devoid of ideological bias or unconscious influences. Judges claim to act as umpires applying the rules, not making them. As most legal scholars understand, however, the impression that the legal system projects is largely an illusion. Over the last decade or so, political scientists and legal academics have begun studying the linkages between ideologies, on one hand, and legal principles and policy outcomes on the other. This book is the first to bring many of the world's experts on those topics together to examine the sometimes unsettling interactions between psychology, ideology, and law.

Michigan Law Review

Author:
Editor:
ISBN:
File Size: 23,86 MB
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Fascism And Criminal Law

Author: Stephen Skinner
Editor: Bloomsbury Publishing
ISBN: 1782255478
File Size: 22,80 MB
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Fascism was one of the twentieth century's principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Brazil and interwar Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism's criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes' historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.

Modern Law And Society

Author:
Editor:
ISBN:
File Size: 78,86 MB
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Moral Conflict And Legal Reasoning

Author: Scott Veitch
Editor: Hart Publishing
ISBN:
File Size: 20,70 MB
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Workplace privacy is not simply a theoretical legal issue but is a matter of basic human dignity. Employers in a number of countries reportedly, and, it appears, in increasing numbers, are deploying â??human resource policiesâ? which may or may not be illegal. In many cases they are not, at present unlawful, though they may reflect dubious management practices. These policies include drug testing of employees, surveillance of staff and their communications, attempts to censor the freedom of speech of employees, psychometric or personality testing, and requirements to provide intimate health information irrelevant to work in order to obtain employment or promotion. This book, the first on the subject in any jurisdiction, examines in a rigorous and open-minded fashion, the emergence of these policies in the modern employment context and the gradually developing legal response. Adopting a human rights perspective, the author demonstrates that several legal systems are now transposing human rights law from the public sphere into the employment relationship in order to protect the individual rights of job candidates and employees. The book deals with the law as it presently stands in the UK, France, the USA and Canada and includes a careful analysis of the potential impact of the Human Rights Act 1999.

Legal Ideology And Politics In South Africa

Author: John Hund
Editor: University Press of Amer
ISBN:
File Size: 59,54 MB
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Argues that different systems of law pre-suppose different legal ideologies, and explores the nature of these ideologies in the context of different legal and political problems in South Africa. This volume interprets South African law and legal ideology in novel ways intended to open up the dialogue about that nation's ideological problems. Thus, the book adds to our understanding of the nature of ideological conflict in South Africa and sketches one possible method for dealing with the intense ideological polarization found in that society. Co-published with the Centre for Intergroup Studies.