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Books on the topic 'Retributive'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Maimo, Sankie. Retributive justice, or, "La shivaa". s.n.], 1999.

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2

The numbers game: Politics of retributive justice. Independent Diaspora Analysis Group-Sri Lanka, 2013.

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3

Griset, Pamala L. Determinate sentencing: The promise and the reality of retributive justice. State University of New York Press, 1991.

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4

Rajendra, Prasad. Karma, causation and retributive morality: Conceptual essays in ethics and metaethics. Indian Council of Philosophical Research in association with Munshiram Manoharlal Publishers, New Delhi, 1989.

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5

On ubuntu and retributive punishment in Korekore-Nyombwe culture: Emerging ethical perspectives. Best Practices Books, 2012.

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6

Bukuluki, Paul. Negotiating retributive and restorative justice in conflict transformation efforts: A case of northern Uganda. Lit, 2011.

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7

Colle, Enrico Del. La disuguaglianza retributiva: Analisi statistico-economica dei trattamenti retributivi in Italia e riflessi sullo Stato sociale. F. Angeli, 1998.

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8

Copeland, John. Retribution. Corinthian Books, 2000.

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9

Retribution! Linford, 2012.

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10

Retribution. Picador USA, 2001.

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11

Kenyon, Sherrilyn. Retribution. Piatkus, 2012.

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12

Retribution. Forge, 1995.

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13

Retribution. Zondervan, 2004.

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14

Kenyon, Sherrilyn. Retribution. St. Martin's Press, 2011.

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15

Roget, Robert. Retribution. Bookmark Pub. House, 1990.

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16

Hoffman, Jilliane. Retribution. BCA, 2004.

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17

Hoffman, Jilliane. Retribution. Berkley Books, 2004.

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18

Langan, Ruth Ryan. Retribution. Silhouette Books, 2004.

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19

Alexander, Larry. Retributive Justice. Edited by Serena Olsaretti. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780199645121.013.32.

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The topic of this chapter is the relationship between retributive justice and distributive justice. The author expounds his view that retributive justice should be noncomparative, and that the currency of retributive desert should be suffering. Some theories of distributive justice employ desert as a basis for distribution, whereas other theories of distributive justice do not. The author explains his belief that retributive justice relies on the notion of negative desert, but acknowledges that there are problems if not only negative desert is to be punished but positive desert is to be reward

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20

Zehr, Howard. Retributive Justice, Restorative Justice. US Office of Criminal Justice, 1985.

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21

Cusack, Carole, and Christopher Hartney, eds. Religion and Retributive Logic. BRILL, 2010. http://dx.doi.org/10.1163/ej.9789004178809.iv-375.

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22

Nayak, G. C. Evil and the Retributive Hypothesis. Motilal Banarsidass,India, 1993.

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23

Carlo, Dell'Aringa, ed. Le carriere retributive nel pubblico impiego. FrancoAngeli, 1994.

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24

Pereboom, Derk. Wrongdoing and the Moral Emotions. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192846006.001.0001.

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This book provides an account of how we might address wrongdoing given challenges to anger and retribution that arise from ethical considerations and from concerns about free will. It contends that we should dispense with basically deserved pain and harm, and with associated retributive sentiments. Without such desert, how might we understand blame? Blame can be conceived as taking on a non-retributive stance of moral protest, whose function is to secure forward-looking goals such as moral reform and reconciliation. Is it possible to justify effectively dealing with those who pose dangerous th

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25

Cusimano, Amber. Sufferable Fate: A Story of Retributive Justice. PublishAmerica, 2007.

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26

Tonry, Michael, ed. Of One-eyed and Toothless Miscreants. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190070595.001.0001.

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Interest in retributive theory, and emphasis on proportionality between crime and punishment as a requirement of justice, revived in English-speaking countries in the 1970s. After less than a half century, however, retributivism’s influence is waning. It is beset by challenges. Some, such as difficulties in scaling crime seriousness and punishment severity, and linking them, are primarily analytical and of interest mostly to theorists. Others, such as trade-offs between proportionality and crime prevention, relate to real-world applications. Both sets of challenges can be explored in their own

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27

Shaw, Elizabeth, Derk Pereboom, and Gregg D. Caruso. Free Will Skepticism in Law and Society: Challenging Retributive Justice. Cambridge University Press, 2019.

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28

Early Christian Historiography: Narratives of Retributive Justice (Studies in Religion). Continuum Intl Pub Group (Sd), 1999.

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29

van Prooijen, Jan-Willem. Motives for Punishment. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190609979.003.0002.

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This chapter introduces utilitarian versus retributive (i.e., deontological) motives to punish. Utilitarian motives aim to prevent further harm from occurring; retributive motives aim to make offenders suffer for their actions. The chapter reviews the various types of utilitarian motives that are applied in a criminal justice setting (i.e., deterrence, incapacitation, and rehabilitation), and discusses to what extent punishment is successful in deterring offenders. Furthermore, the chapter introduces retributive motives, suggesting that people are willing to sacrifice their self-interest to es

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30

Bennett, Christopher. Retributivism and Totality Can Bulk Discounts for Multiple Offending Fit the Crime? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190607609.003.0004.

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This chapter examines how multiple offenders seem to pose a problem for broadly retributive principles of sentencing, focusing on the proper place and exercise of discretion to show why such problems are only apparent. It begins with a discussion of the issue of multiple offending and the discretion it seems to give sentencers as well as the bulk-discount principle that appears to guide decisions. It then considers two ways in which bulk discounts may appear to conflict with retributive sentencing theory, the fittingness problem and the selection problem. It also analyzes the key guiding thoug

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31

Margaret M, deGuzman. Part V Fairness and Expeditiousness of ICC Proceedings, 37 Proportionate Sentencing at the ICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0037.

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In sentencing decisions, the concept of proportionality is often understood in purely retributive terms-punishment should accord with the desert of the perpetrator. This contribution argues that the ICC should use retributive proportionality at most as a limiting principle. It begins with a brief critique of ICC sentencing approaches, including the Lubanga sentencing judgment. Next, it provides an overview of the dominant theories of proportionality and some of their implications for sentencing. Third, the chapter examines the sources of law available to the ICC in relation to proportionality

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32

Adelstein, Richard. Criminal Liability. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190694272.003.0009.

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This chapter distinguishes torts from crimes in terms of the moral costs created by crimes, discusses the nature and incidence of these costs and the problems of assigning liability prices to compensate for them, and describes criminal liability as organized vengeance, a means of inflicting visible, proportioned suffering on offenders as compensation for the moral costs imposed by crimes. The ideas of retribution and deterrence are illustrated in the case of competitive market prices, which also separate efficient from inefficient cost imposition through retribution. Criminal entitlements are

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33

Transforming International Criminal Justice: Retributive And Restorative Justice In The Trial Process. Willan Publishing (UK), 2005.

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34

Early Christian Historiography: Narratives of Retributive Justice (Studies in Religion (London, England).). Continuum International Publishing Group, 2000.

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35

W, Trompf G., Cusack Carole M. 1962-, and Hartney Christopher, eds. Religion and retributive logic: Essays in honour of professor Garry W. Trompf. Brill, 2010.

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36

W, Trompf G., Cusack Carole M. 1962-, and Hartney Christopher, eds. Religion and retributive logic: Essays in honour of professor Garry W. Trompf. Brill, 2009.

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37

Ryberg, Jesper. Neuroscientific Treatment of Criminals and Penal Theory. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198758617.003.0010.

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Does the implementation of treatment schemes as an integrated element in the sentencing of offenders violate a retributivist view of punishment? Traditional rehabilitationism has often been held to conflict with retributive justice. However, in this chapter it is argued that: 1) treatment schemes can be designed in a way that is fully consistent with retributive proportionality constraints; 2) treatment schemes cannot plausibly be rejected by retributivists as a type of punishment that should be banned in principle; 3) there may be circumstances under which the retributivist should accept trea

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38

Women and Transitional Justice: Progress and Persistent Challenges in Retributive and Restorative Processes. Palgrave Pivot, 2014.

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39

Women and Transitional Justice: Progress and Persistent Challenges in Retributive and Restorative Processes. Palgrave Pivot, 2014.

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40

van Prooijen, Jan-Willem. Reason or Intuition? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190609979.003.0003.

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This chapter pits the motives described in Chapter 2 against each other. If people pursue punishment, are they mainly driven by utilitarian or retributive motives? The evidence overwhelmingly suggests that retributive motives trump utilitarian motives. Sometimes people do use rational reasoning when punishing, but while emotion tends to increase punishment, reason tends to decrease punishment. At the same time, the chapter takes issue with authors who have positioned behavioral control as a “happy byproduct” of moral punishment. In the evolutionary history of our species, we evolved a moral pu

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41

Millie, Andrew, ed. Criminology and Public Theology. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781529207392.001.0001.

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At a time when criminal justice systems appear to be in a permanent state of crisis, in this collection leading scholars from criminology and theology have come together to challenge criminal justice orthodoxy by questioning the dominance of retributive punishment. The book is a timely and unique contribution that considers alternatives which draw on Christian ideas of hope, mercy and restoration, rather than the norms of punishment, pain and retribution. Contributions focus on punishment, although wider criminal justice concerns in policing and probation, as well as mental health and surveill

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42

Boduszyński, Mieczysław P., and Marieke Wierda. Political Exclusion and Transitional Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190628567.003.0008.

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In Chapter 8, Marieke Wierda and Mieczysław P. Boduszyński discuss a mode of transitional justice which is less frequently discussed than the other commonly used mechanisms: vetting. They examine Libya’s Political Isolation Law as an instance of retributive transitional justice, arguing that although the conditions may have been ripe for a wider range of transitional justice activities, these were not pursued. Specifically, they argue that although the collapse of the former regime and Libya’s traditions of mediation and reconciliation between tribes might have encouraged the use of non-retri

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43

Matravers, Matt. The Importance of Context in Thinking About Crime‐Preventing Neurointerventions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198758617.003.0004.

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This chapter argues that neurointerventions, whether in criminal justice or in any other social practice, need to be understood, and can only be evaluated, in light of the context provided by the relevant practice. In the case of criminal justice, the meaning and nature of the practice is contested and so the evaluation of proposed neurointerventions must be preceded by substantive argument about its justification. The chapter considers the retributive context of much criminal justice theory and practice before noting the continued existence—and indeed renaissance—of rehabilitative features of

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44

Prasad, Rajendra. Karma, Causation and Retributive Morality: Conceptual Essays in Ethics and Metaethics (Icspr Series in Contemporary Indian Philosophy). South Asia Books, 1990.

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45

Orentlicher, Diane. Some Kind of Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190882273.003.0004.

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Most assessments of the ICTY’s performance derive benchmarks for assessment from claims set forth in official instruments or made by Tribunal officials and scholars. This chapter instead derives such benchmarks from the expectations of Bosnians who embraced the Tribunal, exploring the kind of justice they expected it to provide. For many victims, retributive justice is fundamental. Many Bosnians also highly value what scholars call the expressive function of international criminal tribunals. Other goals Bosnians hoped the Tribunal would advance include: preventing future atrocities, dispelling

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46

Gottschalk, Marie. Inequality and the Carceral State. Edited by Orfeo Fioretos, Tulia G. Falleti, and Adam Sheingate. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199662814.013.22.

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Some of the most promising work on mass incarceration, the retributive turn in penal policy, and growing inequalities in the United States employs a historical institutional lens. This work has illuminated the origins of the carceral state and the possibilities for dismantling it, the sources of interstate and cross-national variations in penal policy, and the role of race, gender, and the transformation of the welfare state in the construction of the carceral state. Going forward, illumination of pressing political problems like the carceral state will require that historical institutionalism

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47

Ryberg, Jesper. Retributivism, Multiple Offending, and Overall Proportionality. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190607609.003.0002.

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This chapter examines the retributivist approach to the sentencing of multiple offenders, with particular emphasis on the argument that retributive justice implies overall proportionality constraints—that is, proportionality prescriptions with regard to classes of offenses. It first presents a few initial conceptual considerations concerning the notion of overall proportionality and its implications in multiple-offense cases before discussing possible ways of justifying overall proportionality. It then explores the role that harm and culpability play in the determination of the seriousness of

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48

Sergey, Vasiliev. Part V Fairness and Expeditiousness of ICC Proceedings, 45 Victim Participation Revisited—What the ICC is Learning about Itself. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0045.

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The Chapter examines key turns in ICC jurisprudence in the area of victim participation. The model of victim participation under the Statute poses challenges in terms of effectiveness and sustainability, and victim participation has also emerged as a governance issue and a matter of concern for the ASP. This Chapter analyses hurdles faced by the Court in implementing victim participation (e.g. application, participation at trial, and representation). It argues that the Court deserves praise for developing creative solutions to balance ‘meaningful’ and ‘sustainable’ participation, and claims th

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49

McAlinden, Anne Marie. Restorative justice and sex offending. Edited by Teela Sanders. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190213633.013.34.

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This essay examines the use of restorative justice in sexual offending. Restorative forms of intervention have been used in cases of violent or sexual offending, from first-time and ‘acquaintance’ rape as well as young sexual abusers to high-risk sexual offenders in the form of circles of support and accountability. Such schemes are often presented as a counter to the failings of retributive forms of justice and are premised on Braithwaite’s notion of ‘reintegrative shaming’ that seeks to reintegrate offenders into the community. The essay sets out and seeks to counter arguments against using

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50

Henham, Ralph. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198718895.003.0001.

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The Introduction outlines the work’s rationale and scope. Two main propositions are advanced. First, it is argued that the values underpinning sentencing policy should promote social cohesion rather than neo-liberal retributive values, which tend to reinforce social divisions through the disproportionate use of incarceration. Thus, sentencing policy should reflect shared values that justify punishment for the common good. Crucially, the identification of such values is regarded as a moral obligation that falls to the state. Secondly, and fundamental to social justice and credible governance, i

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