مجازات و انتقام (قانون، عدالت و قدرت)

Discussions Of Punishment Typically Assume That Punishment Is Criminal Punishment Carried Out By The State. Punishment Is, However, A Richer Phenomenon And It Occurs In Many Contexts. This Book Contains A General Account Of Punishment Which Overcomes The Difficulties Of Competing Accounts. Recognizing Punishment's Manifoldness Is Valuable Not Merely In Contributing To Conceptual Clarity, But In That This Recognition Sheds Light On The Complicated Problem Of Punishment's Justification. Insofar As They Narrowly Presuppose That Punishment Is Criminal Punishment, Most Apparent Solutions To The Tension Between Consequentialism And Retributivism Are Rather Unenlightening If We Attempt To Apply Them In Other Contexts. Moreover, This Presupposition Has Given Rise To An Unwieldy Variety Of Accounts Of Retributivism Which Are Less Helpful In Contexts Other Than Criminal Punishment. Treating Punishment Comprehensibly Helps Us To Better Understand How It Differs From Similar Phenomena, And To Carry On The Discussion Of Its Justification Fruitfully.--pub. Desc. Theories And Justifications -- Taking Punishment Seriously -- Punishment And Revenge -- A Taxonomy Of Retributivism -- Minimalism, Logic, And Normativity -- Retributivism And The Normative Universe -- Moralisms, Justifications, And Intrinsic Value. By Leo Zaibert. Includes Bibliographical References (p. [217]-224) And Index. MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict MuPDF error: syntax error: invalid key in dict Contents 6 Acknowledgements 8 Introduction 10 Chapter One: Theories and Justifications 16 The Rise and Fall of the Mixed Justifications of Punishment 19 Punishment With and Without the State 25 Who’s Afraid of Definitions... and of Definitional Stops? 33 Blame and the Definition of Punishment 37 Chapter Two: Taking Punishment Seriously 47 Genuine and Spurious Forms of Punishment 49 The Intentionality of Punishment 58 Rights and Authority 67 Rules and Institution 72 Chapter Three: Punishment and Revenge 78 Punishment Simpliciter and Retributive Punishment 82 The Normativity of Wrongness 86 Proportionality, Universality, and Directedness 89 Intimacy and the Aesthetics of Revenge 93 The Emotional Life of the Avenger and the Punisher 98 Chapter Four: A Taxonomy of Retributivism 105 Revenge, Victims, and Emotions 108 Placation, Control, and Teleology 112 Lex Talionis and the Harshness of Retributivism 114 Expression, Denunciation, and Communication 120 Fair Play and Formal Justice 126 Chapter Five: Minimalism, Logic, and Normativity 136 The Nature of Consequences 138 Different Types of Retributivism 145 On Soft Normativity 153 Chapter Six: Retributivism and the Normative Universe 162 Retributivism, Liberalism, and Legal Moralism 164 Unbridled Retributivism 170 Liberalism and Criminalization 176 Retributivism, Teleology, and Deontology 184 Chapter Seven: Moralisms, Justifications, and Intrinsic Value 190 Moralism Without the State 191 Rights and the Scope of Justification 197 Retributivism Without the State 204 Desert and Valuation 211 Organic Wholes and the Normativity of Desert 217 Bibliography 226 Index 234 A 234 B 234 C 234 D 234 E 234 F 235 G 235 H 235 I 235 J 235 K 235 L 235 M 235 N 235 O 236 P 236 Q 236 R 236 S 237 T 237 U 237 V 237 W 237 Punishment is a phenomenon which occurs in many contexts. Discussions of punishment assume punishment is criminal punishment carried out by the State. This book contains an account of punishment which overcomes the difficulties of competing accounts and t