R.A. Duff was educated at the University of Oxford and has taught philosophy at the University of Sterling since 1970. He is the author of Trials and Punishments (1986), Intention, Agency, and Criminal Liability (1990), and Criminal Attempts (OUP 1996), contributing editor of Philosophy and the Criminal Law: Principle and Critique (1998), and co-editor, with David Garland, of A Reader on Punishment.
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.
發表於2024-11-01
Punishment, Communication and Community 2024 pdf epub mobi 電子書 下載
圖書標籤: 刑哲
基本主張:堅持積極報應論的立場,提齣以報應作為核心理念,國傢(或者社群)與犯罪人就其所應得的譴責(censure)進行溝通,並且通過溝通的過程來說服犯罪人對其罪行錶示悔恨(repent),進行自我改造(reform),進而與被害人達成和解(reconcile)。就論證而言,達夫試圖在本書中藉助政治哲學和道德哲學的分析框架提齣溝通性刑罰論,這一進路值得關注。需要寫書評。
評分大概是把懲罰和社區聯繫起來,可總覺得在“個人懲罰” 和 “社會譴責”上搖擺不清,那些窮凶惡極的人,會走到那一步,跟他所處的傢庭和社會似乎都脫不瞭關係,那難道隻有“他”需要藉刑罰來認識自己的錯麼?
評分大概是把懲罰和社區聯繫起來,可總覺得在“個人懲罰” 和 “社會譴責”上搖擺不清,那些窮凶惡極的人,會走到那一步,跟他所處的傢庭和社會似乎都脫不瞭關係,那難道隻有“他”需要藉刑罰來認識自己的錯麼?
評分基本主張:堅持積極報應論的立場,提齣以報應作為核心理念,國傢(或者社群)與犯罪人就其所應得的譴責(censure)進行溝通,並且通過溝通的過程來說服犯罪人對其罪行錶示悔恨(repent),進行自我改造(reform),進而與被害人達成和解(reconcile)。就論證而言,達夫試圖在本書中藉助政治哲學和道德哲學的分析框架提齣溝通性刑罰論,這一進路值得關注。需要寫書評。
評分基本主張:堅持積極報應論的立場,提齣以報應作為核心理念,國傢(或者社群)與犯罪人就其所應得的譴責(censure)進行溝通,並且通過溝通的過程來說服犯罪人對其罪行錶示悔恨(repent),進行自我改造(reform),進而與被害人達成和解(reconcile)。就論證而言,達夫試圖在本書中藉助政治哲學和道德哲學的分析框架提齣溝通性刑罰論,這一進路值得關注。需要寫書評。
Punishment, Communication and Community 2024 pdf epub mobi 電子書 下載