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Ethical Argument

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the use of ethical argument by the Court. It examines the arguable employment of such methodology under the Cruel and Unusual Punishment Clause of the Eighth Amendment focusing ... More


The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Comes of Age

Antonio Cassese

in The Human Dimension of International Law: Selected Papers of Antonio Cassese

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232918
eISBN:
9780191696572
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232918.003.0016
Subject:
Law, Public International Law

The main features of the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) are by now well known. The Committee is an international body ... More


The Decivilization of Punishment

Daems Tom

in Making Sense of Penal Change

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199559787
eISBN:
9780191701771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559787.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter starts with an exploration of John Pratt's intellectual life-course, starting in the early 1980s with his writings on controlling youth delinquency and finishing with his research on the ... More


A New Approach to Human Rights: The European Convention for the Prevention of Torture

Antonio Cassese

in The Human Dimension of International Law: Selected Papers of Antonio Cassese

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232918
eISBN:
9780191696572
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232918.003.0015
Subject:
Law, Public International Law

The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the Convention), concluded in 1987 under the aegis of the Council of Europe, marks a fresh, ... More


The Radical Orthodoxy of Hart’s Punishment and Responsibility

Malcolm Thorburn

in Foundational Texts in Modern Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199673612
eISBN:
9780191751745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673612.003.0015
Subject:
Law, Criminal Law and Criminology, Legal History

Despite its considerable fame and influence, Hart’s Punishment and Responsibility is not an especially innovative work. Still, it played a crucial role in the development of criminal law theory by ... More


The Economics of Crime Control

Doron Teichman

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter presents an authoritative overview of the economics of crime control, with particular emphasis on Gary Becker's arguments as set forth in his seminal paper, Crime and Punishment: An ... More


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