Punishment and Freedom
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26 638 Ft
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Product details:
- Publisher OUP Oxford
- Date of Publication 23 February 2012
- ISBN 9780199652334
- Binding Paperback
- No. of pages358 pages
- Size 234x157x21 mm
- Weight 546 g
- Language English 0
Categories
Short description:
The book provides a novel theory of the criminal law that focuses, not on when it is appropriate to blame and make suffer an individual character, but on when it is legitimate to deprive a free agent of its liberty and on how it is possible to reconcile punishment with individual freedom.
MoreLong description:
This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
Brudner's effort is mind-blowing. Old ideas are expressed in new frameworks; familiar distinctions are drawn in different ways; existing doctrines receive novel formulations; principles that long have been taken for granted are subjected to fresh challenges Punishment and Freedom poses a deep challenge to just about everything we Anglo-American criminal theorists take for granted.
Table of Contents:
Introduction
Punishment
Culpable Mind
Culpable Action
Responsibility for Harm
Liability for Public Welfare Offences
Justification
Excuse
Detention After Acquittal
The Unity of the Penal Law
Conclusion
Bibliography
Index
