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Rethinking Punishment
Rejecting traditional alternatives, Leo Zaibert offers an original and refreshing approach to the age-old problem of the justification of punishment.
Punishment and Ethics
A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.
Social Phenomenology
Social Phenomenology brings together insights from the tradition of phenomenology and recent discussions of collective intentionality. In doing so, it offers a unique account of how consciousness is formative of the social world. That is, how our thinking things to be so can, in some cases, actually make them so. For instance, that the money one uses day in and day out is worth something is not because of its physical characteristics, but because we accept that those physical traits, printed by the right institutions make it so. The book argues for a position between atomism and collectivism. That is, the book denies there is any such thing as collective consciousness, while also denying the atomic conception of subjects which views subjects as islands unto themselves, free of relation to others.
The Oxford Handbook of Criminal Law
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Co...
Sentencing, Public Opinion, and Criminal Justice
This volume celebrates the achievements of Julian V Roberts KC (Hon), Emeritus Professor of Criminology at the University of Oxford, over forty years of scholarship. To mark his extraordinary influence on sentencing and criminal justice on the global stage, the contributors—a mix of international scholars and members of the judiciary—present a collection of themed essays in his honour. Roberts is a leading academic authority on sentencing theory, policy, and practice in common law jurisdictions and his work has made a landmark contribution to the analysis and development of sentencing worldwide. His work is innovative and inspired, known for identifying core challenges and defining resea...
Five Ways Patricia Can Kill Her Husband
Structured around a striking conceit -- the murder of a husband by his wife -- this provocative book explores the heady relationship between mental states such as desires, beliefs, emotions, and above all, intentions -- along with the normative assessment of wrongdoing. Depending on Patricia's mental state and beliefs, her degree of guilt for killing her husband will vary. If, for example, she set fire to her apartment fully intending to kill her husband, she would be deemed more blameworthy then if the fire was an unavoidable accident. Culpability, the author argues, is commonly confused with other issues such as responsibility, accountability, and liability, but it is really concerned exclusively with the intentional mental states that exist in the mind at the point of action. Zaibert also offers a history of the theory of culpability, and gives a fascinating analysis of the beliefs and emotions associated with blaming others.
Law and Philosophy
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John Searle
From his groundbreaking book Speech Acts to his most recent studies of consciousness, freedom and rationality John Searle has been a dominant and highly influential figure amongst contemporary philosophers. This systematic introduction to the full range of Searle's work begins with the theory of speech acts and proceeds with expositions of Searle's writings on intentionality, consciousness and perception, as well as a careful presentation of the so-called Chinese Room argument. This is the only comprehensive introduction to Searle's work.
Punishment and Retribution
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.
