Last edited by Kajijora
Friday, August 7, 2020 | History

5 edition of Punishment and Desert found in the catalog.

Punishment and Desert

by J. Kleinig

  • 180 Want to read
  • 21 Currently reading

Published by Springer .
Written in English

    Subjects:
  • Philosophy,
  • Ethics & Moral Philosophy,
  • Penology,
  • Philosophy / General,
  • Philosophy-Ethics & Moral Philosophy,
  • Punishment,
  • Social Science / Penology,
  • Sociology

  • The Physical Object
    FormatPaperback
    Number of Pages170
    ID Numbers
    Open LibraryOL9087387M
    ISBN 10902471592X
    ISBN 109789024715923

    thought. Retributivism – the belief that punishment is justified as a response to the wrong actions and moral desert of the perpetrator – has persisted as one of the dominant theories of punishment, from the earliest points in human history to today. Kant, in turn. This chapter discusses rewards and punishments and their relationship to justice. It considers whether justice as fittingness provides a satisfactory framework within which to discuss the relationship between justice and the practices of rewarding and punishing. There is a close association between desert and the notions of reward and punishment. Thus, it may appear that to accept justice as.

      Just deserts, as a philosophy of punishment, argues that criminal sanctions should be commensurate with the seriousness of the offense. This paper analyzes the severity of punishment meted out to felony offenders in a large urban jurisdiction in the Midwest and argues that two dimensions of criminal sanction need to be examined to understand punishment severity: the type of sanction .   Punishment will be most likely to occur where cheating is a discrete event, rather than a continuous behaviour where the magnitude of inflicted costs is a function of interaction duration. For example, Turkana warriors sometimes desert their fellow fighters during a raid. This is a discrete cheating behaviour that often results in punishment.

    Desert definition, a region so arid because of little rainfall that it supports only sparse and widely spaced vegetation or no vegetation at all: The Sahara is a vast sandy desert. See more. The argument, then, is that: (1) committing a criminal act deserves punishment, and desert is a prima facie justification; (2) there is a moral obligation not to add deliberately to the amount of human suffering, which punishment does, and this overrides the case for punishment .


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Punishment and Desert by J. Kleinig Download PDF EPUB FB2

Punishment and Desert has been added to your Cart Add to Cart. Buy Now More Buying Choices 6 New from $ 4 Used from $ 10 used & new from $ See All Buying Options Available at a lower price from other sellers that may not offer free Prime by: Punishment may be con­ sidered in a great variety of contexts - legal, educational, parental, theological, informal, etc.

- and in each of these contexts several im­ portant moral questions arise. Approaches which see only a simple choice between retributivism and utilitarianism tend to obscure this variety and plurality. Punishment and Desert by J.

Kleinig. Paperback () $ View All Available Formats & Editions. This book presents tables which give a virtually complete survey of the direct ship­ ping between the Netherlands and Asia between This period contains, first, the voyages of the so-called Voorcompagnieen and, then, those Pages: Getting What one Deserves -- The authority punish -- Ch.

Desert, Punishment and Justice -- Justice vs. utility -- Justice and mercy -- Justice and forgiveness -- Ch. Punishment and Responsibility -- Problems of determining responsability as alterability -- The elimination of responsability -- Moral and legal responsability -- Ch.

Read "Punishment and Desert" by J. Kleinig available from Rakuten Kobo. Superficial acquaintance with the literature on punishment leaves a fairly Price: $ Superficial acquaintance with the literature on punishment leaves a fairly definite impression.

There are two approaches to punishment - retributive and utilitarian - and while some attempts may be made to reconcile them, it is the former rather than the latter which requires the : Springer Netherlands. Retributivist Arguments Against Capital Punishment. Thom Brooks - - Journal of Social Philosophy 35 (2)– Making More Sense of Retributivism: Desert as Responsibility and Proportionality.

Punishment and desert. The Hague: Martinus Nijhoff. MLA Citation. Kleinig, John. Punishment and desert Martinus Nijhoff The Hague Australian/Harvard Citation.

Kleinig, John.Punishment and desert Martinus Nijhoff The Hague. Wikipedia Citation. Lee "Punishment and Desert" por J. Kleinig disponible en Rakuten Kobo. Superficial acquaintance with the literature on punishment leaves a fairly definite impression. There are two approaches. Although Kant is often regarded an extreme retributivist regarding judicial punishment, the need to deter crime also plays a significant role in his theory of criminal law.

Kant's special way of combining deterrence and retribution, however, must be distinguished from others that are less plausible. Kant thought that criminal punishments should be designed to match the victim's empirically.

This chapter considers whether the sentences for socially deprived offenders should be reduced. It considers a desert rationale for sentencing, according to which the severity of punishments should be fairly proportionate to the seriousness of criminal offences.

What Barkow does not mention is that, in the face of this unprecedented rise in crime, the experts who then ran our criminal justice systems oversaw a drop of 12 percent in the number of federal and state prisoners: fromin toin In many large states the downward trend was even steeper: a drop of 18 percent in Ohio; 19 percent in Georgia and Michigan; 22 percent in.

See John Kleinig, “The Concept of Desert” () 8 Am. Phil. Quart. 71 at See also his book, Punishment and Desert (The Hague: Martinus Nijhoff, ) at Joel Feinberg holds that “John deserves X” would mean that John is qualified for X in that John satisfies certain conditions of worthiness.

Lists of recommended books and quality texts for primary history topics - crime & punishment through the ages. Camp Green Lake. There, he and the other prisoners are forced to dig a large hole each day in the intense heat of the desert, because the warden claims it is character building.

story explores the high tensions around religion. Keywords: retributivism, desert-adjusted consequentialism, punishment, penal theory Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service.

Public users can however freely search the site and view the abstracts and keywords for each book. But this essentialization is not a problem that is a necessary product of desert-based punishment or restricted to a blaming criminal law.

What we need is to engender an understanding of wrongdoers as fallible human beings, moral agents with whom we interact and to whom respect is owed even when we legitimately impose warranted punishment on them. Retributivism assumes both negative (limiting punishment to wrongdoers) and positive (asserting an affirmative duty to punish) forms.

The theory of limiting retributivism uses desert to set the outer limits of retributivism and then employs utilitarian theories to select a specific punishment within the desert. The hitch is that it is not moral philosophy's deontological notion of justice that has crime-control power but rather the community's notion of justice, what has been called "empirical desert." This turns out to be both good and bad for constructing a distributive principle for criminal liability and punishment.

A more comprehensive theory of punishment was presented in in The Future of Imprisonment. Morris's theory was further developed in his lecture, "Punishment, Desert, and Rehabilitation" (Morris a); in his book, Madness and the Criminal Law; and in his.

In context|figuratively|lang=en terms the difference between punishment and desert is that punishment is (figuratively) any treatment or experience so harsh it feels like being punished; rough handling while desert is (figuratively) any barren place or situation.

As nouns the difference between punishment and desert is that punishment is the act or process of punishing, imposing and/or. The core princples of retributivism are desert and proportionality.

The two principles are somewhat interlinked. For retributivists, the punishment has to be proportional to the crime committed. Desert refers to some demerit which has caused the accused to commit a crime.

Retributive punishment has to be proportional to the degree of desert.son, ), pp. ; John Kleinig, Punishment and Desert (The Hague: Martinus Nijhoff, ). 7 Punishment and Responsibility (New York: Oxford, ). Parenthetical page references to Hart will be to this book.It argues that even retributivists who defend desert-based punishment have a reason, internal to their view, to prefer more lenient over more severe punishments when there are doubts concerning.