The ends of harm : the moral foundations of criminal law / Victor Tadros.

Format:

Book

Author/Creator:

Tadros, Victor, author.

Series:

Oxford legal philosophy.

Oxford legal philosophy

Language:

English

Subjects (All):

Criminal law--Moral and ethical aspects.

Criminal law.

Punishment--Philosophy.

Punishment.

Criminal law--Philosophy.

Punishment--Moral and ethical aspects.

Physical Description:

1 online resource (711 p.)

Place of Publication:

Oxford : Oxford University Press, [2011]

Language Note:

English

Summary:

Every modern democratic state imprisons thousands of offenders every year, depriving them of their liberty, causing them a great deal of psychological and sometimes physical harm. Relationships are destroyed, jobs are lost, the risk of the offender being harmed by other offenders is increased and all at great expense to the state.How can this brutal and costly enterprise be justified? Traditionally, philosophers answering this question have argued either that the punishment of wrongdoers is a good in itself (retributivism), or that it is a regrettable means to a valuable end, such as the deter

Contents:

Cover; Title Page; Copyright Page; Dedication; Preface; Acknowledgement; Contents; 1. Introduction; I. The Problem of Punishment; II. Philosophical Method; III. An Outline of the Book; Part I. The Aims of Punishment; 2. Justifying Punishment; I. Intrinsic and Instrumental Value; II. What is Retributivism?; III. The Costs and Benefits of Punishment; IV. Consequentialism and Non-Consequentialism; V. The Immediate and the Deep Justifications of Punishment; Conclusions; 3. Recognition and Choice; I. How Should Wrongdoers Feel?; II. Duty and Choice; Conclusions; 4. Against Desert

I. Free Will and DesertII. The Desert Basis; III. Why Suffering Isn't Good; IV. Desert and State Punishment; V. Rights-Based Retributivism?; Conclusions; 5. The Limits of Communication; I. The Aims of Communication; II. From Communication to Punishment; Conclusions; Part II. Means, Motivations, and Ends; 6. Defending the Means Principle; I. Some Answers to the Trolley Problem; II. The Limited Power of the Doctrine of Acts and Omissions; III. Means and Status; IV. The Limits of the Means Principle Conclusions; 7. Wrongdoing and Motivation; I. The Priority of Facts?; II. Means and Motivations

III. Means Without MotivesIV. How Intentions are Relevant to Permissibility; V. Should We Always Prevent Wrongdoing?; VI. Motivation and the Structure of Wrongdoing Conclusions; Part III. Permissibility, Harm, and Self-Defence; 8. Choice, Responsibility, and Permissible Harm Introduction; I. Choice and Self-Defence; II. Choice and Proportionality; III. Causation, Entitlements, and Liabilities; IV. Causation and Permissibility Conclusions; 9. Conflicts and Permissibility Introduction; I. Isolating the Problem; II. Why We Should (Typically) Reject Conflicts

III. Acts, Omissions, and Agent RelativityIV. The Value of Conflicts Conclusions; 10. Mistakes and Self-Defence; I. Facts, Evidence, and Beliefs; II. Averting Evidence-Relative Permissible Threats; III. Averting Fact-Relative Permissible Threats Conclusion; 11. Responsibility and Self-Defence; I. Eliminative and Manipulative Harm; II. Eliminating and Diverting; III. Pre-Efforts and Post-Efforts; IV. Responsibility and the Duty to Rescue; V. Unblocking; Conclusions; Part IV. Punishment and the Duties of Offenders; 12. Punishment and Duty; Introduction; I. Elimination and Manipulation

II. Responsibility and HarmIII. Responsibility and the Duty to Protect; IV. Punishment as Remedy for Breach; V. Beyond Rectification; Conclusions; 13. State Punishment; I. The Right of the State to Punish; II. The Duty of the State to Punish; III. The Exclusive Right of the State to Punish; IV. Punishment and Organ Distribution; Conclusions; 14. Protection Against Punishment; I. Consequentialist Approaches; II. The Rule ofLaw; III. Criminal Responsibility; IV. Criminalization; V. Procedural Protections; Conclusions; 15. Proportionate Punishment; I. Two Conceptions of Proportionality

II. The Subject Matter of Proportionality

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [361]-368) and indexes.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-968191-0

0-19-173134-X

0-19-102956-4

0-19-101841-4

OCLC:

775597594