Matt Matravers
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198295730
- eISBN:
- 9780191599828
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295731.003.0004
- Subject:
- Political Science, Political Theory
The recent revival of retributive theory has been led by Michael Moore's claim that retributivism has moral worth, and by communicative and expressive theories of punishment that emphasize guilt and ...
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The recent revival of retributive theory has been led by Michael Moore's claim that retributivism has moral worth, and by communicative and expressive theories of punishment that emphasize guilt and censure. It is argued that retributivism captures an important truth about punishment's backward‐looking nature, but that no retributive theory can adequately answer the question of by what right some people punish others.Less
The recent revival of retributive theory has been led by Michael Moore's claim that retributivism has moral worth, and by communicative and expressive theories of punishment that emphasize guilt and censure. It is argued that retributivism captures an important truth about punishment's backward‐looking nature, but that no retributive theory can adequately answer the question of by what right some people punish others.
Isabel Iribarren
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199282319
- eISBN:
- 9780191603426
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199282315.001.0001
- Subject:
- Religion, Early Christian Studies
The controversy between the Dominican Durandus of St Pourcain and his order plays a central role in explaining how Thomas Aquinas became one of the most influential ...
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The controversy between the Dominican Durandus of St Pourcain and his order plays a central role in explaining how Thomas Aquinas became one of the most influential medieval theologians. Covering a period of almost twenty years in the early fourteenth century, this controversy saw the confrontation of two first-rate Dominican theologians, at a time when the order was fully engaged in promoting the doctrine of Aquinas. Hervaeus Natalis was a hard-line follower of Aquinas, who saw in Durandus an independent spirit and a threat to the order’s sense of doctrinal identity. Through a close examination of the central issues from unpublished manuscript sources, this book reveals a picture of the debate which challenges the standard accounts of a clear-cut clash between ‘Thomists’ and ‘anti-Thomists’. Aquinas did not rise to canonical status on a Dominican platform alone. Franciscan intellectual achievements had much to contribute, an aspect which recasts the role played by the rival mendicant order in the development of a Dominican intellectual tradition. A ‘maverick’ within his order, yet actively supported by the papacy, Durandus lived a career which illustrates the currents at work in the fourteenth-century church. Unconcerned about Dominican internal quarrels, the Avignonese papacy was more preoccupied with forming its own theological entourage away from the subverting forces of the new Franciscan spirituality.Less
The controversy between the Dominican Durandus of St Pourcain and his order plays a central role in explaining how Thomas Aquinas became one of the most influential medieval theologians. Covering a period of almost twenty years in the early fourteenth century, this controversy saw the confrontation of two first-rate Dominican theologians, at a time when the order was fully engaged in promoting the doctrine of Aquinas. Hervaeus Natalis was a hard-line follower of Aquinas, who saw in Durandus an independent spirit and a threat to the order’s sense of doctrinal identity. Through a close examination of the central issues from unpublished manuscript sources, this book reveals a picture of the debate which challenges the standard accounts of a clear-cut clash between ‘Thomists’ and ‘anti-Thomists’. Aquinas did not rise to canonical status on a Dominican platform alone. Franciscan intellectual achievements had much to contribute, an aspect which recasts the role played by the rival mendicant order in the development of a Dominican intellectual tradition. A ‘maverick’ within his order, yet actively supported by the papacy, Durandus lived a career which illustrates the currents at work in the fourteenth-century church. Unconcerned about Dominican internal quarrels, the Avignonese papacy was more preoccupied with forming its own theological entourage away from the subverting forces of the new Franciscan spirituality.
Andrew von Hirsch
- Published in print:
- 1996
- Published Online:
- March 2012
- ISBN:
- 9780198262411
- eISBN:
- 9780191682339
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262411.001.0001
- Subject:
- Law, Criminal Law and Criminology
A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be ‘proportionate’ to the severity of the crime. This book ...
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A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be ‘proportionate’ to the severity of the crime. This book discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be ‘anchored’ to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how political pressures impinge on sentencing policies.Less
A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be ‘proportionate’ to the severity of the crime. This book discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be ‘anchored’ to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how political pressures impinge on sentencing policies.
Isabel Iribarren
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199282319
- eISBN:
- 9780191603426
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199282315.003.0009
- Subject:
- Religion, Early Christian Studies
This chapter is occupied with an examination of the first Dominican censure against Durandus in 1314, which represents the climax of the ...
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This chapter is occupied with an examination of the first Dominican censure against Durandus in 1314, which represents the climax of the conflict. The articles concerning Durandus’s Trinitarian theology show how Durandus’s thesis of a real distinction between the divine essence and relations was perceived as a natural consequence of his understanding of relations as modes of being. Durandus’s conclusions were censurable on the grounds that they were anti-Aristotelian and departed from Lateran theology.Less
This chapter is occupied with an examination of the first Dominican censure against Durandus in 1314, which represents the climax of the conflict. The articles concerning Durandus’s Trinitarian theology show how Durandus’s thesis of a real distinction between the divine essence and relations was perceived as a natural consequence of his understanding of relations as modes of being. Durandus’s conclusions were censurable on the grounds that they were anti-Aristotelian and departed from Lateran theology.
Isabel Iribarren
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199282319
- eISBN:
- 9780191603426
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199282315.003.0010
- Subject:
- Religion, Early Christian Studies
This chapter presents the aftermath of the censure and the ‘forensic’ turn which the discussion took in the years immediately following. The ...
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This chapter presents the aftermath of the censure and the ‘forensic’ turn which the discussion took in the years immediately following. The chapter centres on Hervaeus’s tracts in response to Durandus’s attempts at defence following the censure. These tracts provide Hervaeus’s confident justification of the censure, and more significantly, his hard-line view on church authority in the context of professional theological debate.Less
This chapter presents the aftermath of the censure and the ‘forensic’ turn which the discussion took in the years immediately following. The chapter centres on Hervaeus’s tracts in response to Durandus’s attempts at defence following the censure. These tracts provide Hervaeus’s confident justification of the censure, and more significantly, his hard-line view on church authority in the context of professional theological debate.
Iribarren Isabel
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199282319
- eISBN:
- 9780191603426
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199282315.003.0011
- Subject:
- Religion, Early Christian Studies
This chapter introduces the apologetic Avignon Quodlibets, Durandus’s most conspicuous attempt at conciliation, followed by Hervaeus’s ...
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This chapter introduces the apologetic Avignon Quodlibets, Durandus’s most conspicuous attempt at conciliation, followed by Hervaeus’s cold reception in the Correctiones. Hervaeus’s final tract also points the way to the ‘Thomist turn’ which the controversy later assumed, and which materialized in the second censure of 1317.Less
This chapter introduces the apologetic Avignon Quodlibets, Durandus’s most conspicuous attempt at conciliation, followed by Hervaeus’s cold reception in the Correctiones. Hervaeus’s final tract also points the way to the ‘Thomist turn’ which the controversy later assumed, and which materialized in the second censure of 1317.
Isabel Iribarren
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199282319
- eISBN:
- 9780191603426
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199282315.003.0012
- Subject:
- Religion, Early Christian Studies
This chapter deals with the second Dominican censure against Durandus in 1316/17, representing the ‘Thomist turn’ of the controversy. The ...
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This chapter deals with the second Dominican censure against Durandus in 1316/17, representing the ‘Thomist turn’ of the controversy. The chapter brings to light the chief features of fourteenth-century elaborations of Thomism, in its twofold connection to the notion of a ‘common opinion’ and the accepted interpretation of Aristotelian metaphysics. Unlike the first censure, Durandus will no longer be judged simply against the standards of Church orthodoxy, but also on the basis of his departure from Thomist teaching. Aquinas’s promotion as a theological authority is thus being opeated on this identification with Church doctrine as a criterion for orthodoxy.Less
This chapter deals with the second Dominican censure against Durandus in 1316/17, representing the ‘Thomist turn’ of the controversy. The chapter brings to light the chief features of fourteenth-century elaborations of Thomism, in its twofold connection to the notion of a ‘common opinion’ and the accepted interpretation of Aristotelian metaphysics. Unlike the first censure, Durandus will no longer be judged simply against the standards of Church orthodoxy, but also on the basis of his departure from Thomist teaching. Aquinas’s promotion as a theological authority is thus being opeated on this identification with Church doctrine as a criterion for orthodoxy.
Jeffrey Brand-Ballard
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780195342291
- eISBN:
- 9780199867011
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342291.003.0018
- Subject:
- Philosophy, Political Philosophy
This chapter summarizes the previous chapters and explains how selective optimization casts doubt on the legalistic rhetoric that is common to lawyers, judges, and critics of the bench. The case is ...
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This chapter summarizes the previous chapters and explains how selective optimization casts doubt on the legalistic rhetoric that is common to lawyers, judges, and critics of the bench. The case is made for distinguishing, in many contexts, between the claim that a judge has deviated from the law and the claim that she has acted impermissibly, all things considered. This book makes the case that this distinction is often crucial, and that much criticism of lawless judging is, accordingly, erroneous or misleading. The fact that a judge has deviated is not, in itself, a reason for censure, impeachment, removal, or any form of retaliation against her. It is not even a reason to vote against a judge when she runs for reelection, or a reason for a senator to vote against confirming a presidential nominee to the bench. Only a pattern of excessive deviation provides such reasons. Traditional theories of adjudication constrain judges to an extent that cannot be easily justified.Less
This chapter summarizes the previous chapters and explains how selective optimization casts doubt on the legalistic rhetoric that is common to lawyers, judges, and critics of the bench. The case is made for distinguishing, in many contexts, between the claim that a judge has deviated from the law and the claim that she has acted impermissibly, all things considered. This book makes the case that this distinction is often crucial, and that much criticism of lawless judging is, accordingly, erroneous or misleading. The fact that a judge has deviated is not, in itself, a reason for censure, impeachment, removal, or any form of retaliation against her. It is not even a reason to vote against a judge when she runs for reelection, or a reason for a senator to vote against confirming a presidential nominee to the bench. Only a pattern of excessive deviation provides such reasons. Traditional theories of adjudication constrain judges to an extent that cannot be easily justified.
Gideon Yaffe
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199590667
- eISBN:
- 9780191595530
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199590667.003.0013
- Subject:
- Philosophy, Moral Philosophy, General
Many jurisdictions punish attempts less than completed crimes. Deniers of “moral luck” especially have thought this unfair. Under a plausible expressivist theory of punishment there is “sanction ...
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Many jurisdictions punish attempts less than completed crimes. Deniers of “moral luck” especially have thought this unfair. Under a plausible expressivist theory of punishment there is “sanction luck”, even if there is no “censure luck”. Even with no difference in exercises of control, different sanctions can be deserved, even if different degrees of censure are not, since the same degree of censure can be expressed by different sanctions: other expressive functions can be served by sanction, such as expression of the value of the victim's loss. So, there need be no unfairness in giving a lesser sentence to an attempt. This view is developed through rejecting the claim that it is unfair to sentence last act attempters and completers differently since they have done the same thing. It can be fair, it is argued, but it is often unfair to sentence last act attempters and non-last act attempters differently.Less
Many jurisdictions punish attempts less than completed crimes. Deniers of “moral luck” especially have thought this unfair. Under a plausible expressivist theory of punishment there is “sanction luck”, even if there is no “censure luck”. Even with no difference in exercises of control, different sanctions can be deserved, even if different degrees of censure are not, since the same degree of censure can be expressed by different sanctions: other expressive functions can be served by sanction, such as expression of the value of the victim's loss. So, there need be no unfairness in giving a lesser sentence to an attempt. This view is developed through rejecting the claim that it is unfair to sentence last act attempters and completers differently since they have done the same thing. It can be fair, it is argued, but it is often unfair to sentence last act attempters and non-last act attempters differently.
Julian Davies
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198203117
- eISBN:
- 9780191675720
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203117.003.0006
- Subject:
- History, British and Irish Early Modern History, History of Religion
This chapter begins by discussing the declaration for lawful sports, and describes the perceived ‘Puritan’ doctrine of the Sabbath. Next, it discusses what kind of sports were prohibited and allowed ...
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This chapter begins by discussing the declaration for lawful sports, and describes the perceived ‘Puritan’ doctrine of the Sabbath. Next, it discusses what kind of sports were prohibited and allowed during the Sabbath, as written in the book of sports. The chapter then shows that the censure of clergy often proceeded on principles other than a royal desire to have the book read. The few who were censured underwent censure for their nonconformity to the liturgy or church discipline, or for preaching so vehemently against the book that they negated their canonical obedience and questioned their allegiance to the Crown. As a result of the policy of discrimination, together with the existence of various loopholes connived at by the courts, many ministers who refused to read the book were able to avoid censure, but not a profound dilemma of conscience.Less
This chapter begins by discussing the declaration for lawful sports, and describes the perceived ‘Puritan’ doctrine of the Sabbath. Next, it discusses what kind of sports were prohibited and allowed during the Sabbath, as written in the book of sports. The chapter then shows that the censure of clergy often proceeded on principles other than a royal desire to have the book read. The few who were censured underwent censure for their nonconformity to the liturgy or church discipline, or for preaching so vehemently against the book that they negated their canonical obedience and questioned their allegiance to the Crown. As a result of the policy of discrimination, together with the existence of various loopholes connived at by the courts, many ministers who refused to read the book were able to avoid censure, but not a profound dilemma of conscience.
Kimberley Brownlee
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199237159
- eISBN:
- 9780191705427
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199237159.003.0014
- Subject:
- Law, Philosophy of Law
This chapter examines the nature of the moral dialogue which purportedly occurs between disobedients and the law as well as the kinds of responses that a genuine dialogue would permit from each ...
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This chapter examines the nature of the moral dialogue which purportedly occurs between disobedients and the law as well as the kinds of responses that a genuine dialogue would permit from each party. It argues that the justified response by each to the other cannot be determined solely on the basis of deserved censure. To be justified in communicating censure through punishment or through civil disobedience, authorities and dissenters respectively must not simply have good grounds for condemnation and a legitimate motivation, but also accommodate concerns of charity or good will, restoration, and the prevention of further wrongdoing. The chapter concludes by examining some ways in which the analogy between lawful punishment and civil disobedience might break down.Less
This chapter examines the nature of the moral dialogue which purportedly occurs between disobedients and the law as well as the kinds of responses that a genuine dialogue would permit from each party. It argues that the justified response by each to the other cannot be determined solely on the basis of deserved censure. To be justified in communicating censure through punishment or through civil disobedience, authorities and dissenters respectively must not simply have good grounds for condemnation and a legitimate motivation, but also accommodate concerns of charity or good will, restoration, and the prevention of further wrongdoing. The chapter concludes by examining some ways in which the analogy between lawful punishment and civil disobedience might break down.
Sarah Broadie
- Published in print:
- 1994
- Published Online:
- November 2003
- ISBN:
- 9780195085600
- eISBN:
- 9780199833108
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195085604.003.0003
- Subject:
- Philosophy, Ancient Philosophy
In the context of perspectives drawn from philosophy of action and from Aristotle's natural philosophy, the chapter examines the ambiguity of the Aristotelian voluntary, its connections with censure ...
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In the context of perspectives drawn from philosophy of action and from Aristotle's natural philosophy, the chapter examines the ambiguity of the Aristotelian voluntary, its connections with censure and responsibility, its defensibility by excuse of force or ignorance, its bipolarity, its connection with character formation, and its implications, if any, for determinism.Less
In the context of perspectives drawn from philosophy of action and from Aristotle's natural philosophy, the chapter examines the ambiguity of the Aristotelian voluntary, its connections with censure and responsibility, its defensibility by excuse of force or ignorance, its bipolarity, its connection with character formation, and its implications, if any, for determinism.
Thomas E. Hill
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198238348
- eISBN:
- 9780191597688
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198238347.003.0005
- Subject:
- Philosophy, Moral Philosophy
Addresses the questions, why should we respect humanity in all persons? and why not regard extremely immoral persons as having forfeited all respect? Respect for persons as persons is distinguished ...
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Addresses the questions, why should we respect humanity in all persons? and why not regard extremely immoral persons as having forfeited all respect? Respect for persons as persons is distinguished from respect for personal merit and conventional roles, but that someone is a person is not sufficient to explain why we must respect the person. The essay sketches some Kantian grounds, formal and substantive, for presuming that all human beings ought to be respected, and then addresses several objections. For example, should we respect sociopaths? The Kantian legislative perspective sketched earlier suggests reasons for a strong presumption for treating basic respect for humanity as non‐forfeitable, and arguably neither self‐protection, just punishment, nor legitimate moral censure require that we set aside the presumption.Less
Addresses the questions, why should we respect humanity in all persons? and why not regard extremely immoral persons as having forfeited all respect? Respect for persons as persons is distinguished from respect for personal merit and conventional roles, but that someone is a person is not sufficient to explain why we must respect the person. The essay sketches some Kantian grounds, formal and substantive, for presuming that all human beings ought to be respected, and then addresses several objections. For example, should we respect sociopaths? The Kantian legislative perspective sketched earlier suggests reasons for a strong presumption for treating basic respect for humanity as non‐forfeitable, and arguably neither self‐protection, just punishment, nor legitimate moral censure require that we set aside the presumption.
Eugenio Barba
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9789622099944
- eISBN:
- 9789882207394
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789622099944.003.0004
- Subject:
- Society and Culture, Asian Studies
This chapter discusses why the practice of the male dan (male actor playing female roles) flourished in this period despite public censure on moral grounds. It examines how Cheng Yanqiu, a male dan, ...
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This chapter discusses why the practice of the male dan (male actor playing female roles) flourished in this period despite public censure on moral grounds. It examines how Cheng Yanqiu, a male dan, transformed the role's performance art by giving his female characters a strong personality. It describes Cheng Yanqiu (1904–58), as one of the Four Great (male) Dan who specialized in the qingyi role. It further describes that Cheng was a middle-aged man, 5 feet 9 inches tall, heavily built and weighing about 200 pounds, with hands that had become rough and covered in calluses through working in the fields harvesting sweet corn and sesame seed.Less
This chapter discusses why the practice of the male dan (male actor playing female roles) flourished in this period despite public censure on moral grounds. It examines how Cheng Yanqiu, a male dan, transformed the role's performance art by giving his female characters a strong personality. It describes Cheng Yanqiu (1904–58), as one of the Four Great (male) Dan who specialized in the qingyi role. It further describes that Cheng was a middle-aged man, 5 feet 9 inches tall, heavily built and weighing about 200 pounds, with hands that had become rough and covered in calluses through working in the fields harvesting sweet corn and sesame seed.
C. Daniel Batson
- Published in print:
- 2010
- Published Online:
- May 2011
- ISBN:
- 9780195341065
- eISBN:
- 9780199894222
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195341065.003.0006
- Subject:
- Psychology, Social Psychology
Building on the analysis in Chapter 3 of behaviors differentially affected by altruistic and egoistic motives, this chapter reviews the results of over 30 experiments that were conducted between 1978 ...
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Building on the analysis in Chapter 3 of behaviors differentially affected by altruistic and egoistic motives, this chapter reviews the results of over 30 experiments that were conducted between 1978 and 1996 to test the empathy-altruism hypothesis against six different egoistic alternatives. To assist assessment of this large body of evidence, a summary table is provided for each egoistic alternative. These tables present the procedures and results of all published experiments that test the empathy-altruism hypothesis against each alternative. The egoistic alternatives are: aversive-arousal reduction; two versions of empathy-specific punishment—avoiding negative social evaluation (censure) and avoiding negative self-evaluation (guilt); and three version of empathy-specific reward—seeking social and self-rewards for helping, seeking empathic joy, and seeking negative-state relief. Results of the experiments support the empathy-altruism hypothesis and fail to support any of the egoistic alternatives—or any combination of the egoistic alternatives.Less
Building on the analysis in Chapter 3 of behaviors differentially affected by altruistic and egoistic motives, this chapter reviews the results of over 30 experiments that were conducted between 1978 and 1996 to test the empathy-altruism hypothesis against six different egoistic alternatives. To assist assessment of this large body of evidence, a summary table is provided for each egoistic alternative. These tables present the procedures and results of all published experiments that test the empathy-altruism hypothesis against each alternative. The egoistic alternatives are: aversive-arousal reduction; two versions of empathy-specific punishment—avoiding negative social evaluation (censure) and avoiding negative self-evaluation (guilt); and three version of empathy-specific reward—seeking social and self-rewards for helping, seeking empathic joy, and seeking negative-state relief. Results of the experiments support the empathy-altruism hypothesis and fail to support any of the egoistic alternatives—or any combination of the egoistic alternatives.
Andrew von Hirsch and Andrew Ashworth
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199272600
- eISBN:
- 9780191709692
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199272600.003.0002
- Subject:
- Law, Philosophy of Law
This chapter addresses why the institution of punishment should exist at all. It argues that a workable theory of why the criminal sanction should exist needs to rest primarily on normative, ...
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This chapter addresses why the institution of punishment should exist at all. It argues that a workable theory of why the criminal sanction should exist needs to rest primarily on normative, non-consequentialist claims, and needs to be concerned in part with consequences. In particular, such an account must contain a deontological element, related to how the offender should be addressed as an agent capable of moral deliberation; yet must nevertheless consider preventive effects to some degree so that, in principle, the system of criminal law and sanctions could be abolished, were it no longer deemed essential to prevent crime. The chapter develops a proposed justification for the criminal sanction that emphasizes the idea of penal censure, but gives a limited complementary role to prevention.Less
This chapter addresses why the institution of punishment should exist at all. It argues that a workable theory of why the criminal sanction should exist needs to rest primarily on normative, non-consequentialist claims, and needs to be concerned in part with consequences. In particular, such an account must contain a deontological element, related to how the offender should be addressed as an agent capable of moral deliberation; yet must nevertheless consider preventive effects to some degree so that, in principle, the system of criminal law and sanctions could be abolished, were it no longer deemed essential to prevent crime. The chapter develops a proposed justification for the criminal sanction that emphasizes the idea of penal censure, but gives a limited complementary role to prevention.
Christopher Harding and Julian Joshua
- Published in print:
- 2010
- Published Online:
- May 2011
- ISBN:
- 9780199551484
- eISBN:
- 9780191594977
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199551484.003.0010
- Subject:
- Law, EU Law, Competition Law
This chapter takes a criminological approach to the phenomenon of business cartels, by posing questions about the nature of cartel delinquency, probing the perceived elements of wrongdoing and damage ...
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This chapter takes a criminological approach to the phenomenon of business cartels, by posing questions about the nature of cartel delinquency, probing the perceived elements of wrongdoing and damage inherent in cartel activity. It examines the underlying complication of agency, that cartels involve both corporate and individual human actors, raising questions concerning the allocation of legal responsibility and the imposition of sanctions. Who are the responsible delinquent actors? Other major questions are posed in the discussion — how to understand the motivation of cartelists and what appears to be a significant level of determined recidivism, how to explain the strong censure of cartel activity as highly delinquent conduct, and the need to clarify and order the objectives of legal control. It is argued that an effective system of legal control depends upon a fuller understanding of these issues.Less
This chapter takes a criminological approach to the phenomenon of business cartels, by posing questions about the nature of cartel delinquency, probing the perceived elements of wrongdoing and damage inherent in cartel activity. It examines the underlying complication of agency, that cartels involve both corporate and individual human actors, raising questions concerning the allocation of legal responsibility and the imposition of sanctions. Who are the responsible delinquent actors? Other major questions are posed in the discussion — how to understand the motivation of cartelists and what appears to be a significant level of determined recidivism, how to explain the strong censure of cartel activity as highly delinquent conduct, and the need to clarify and order the objectives of legal control. It is argued that an effective system of legal control depends upon a fuller understanding of these issues.
Siufu Tang and Isaac Yue
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9789888139972
- eISBN:
- 9789888180967
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888139972.003.0003
- Subject:
- Society and Culture, Asian Studies
The representation of gastronomy has a long tradition in China as one of its most distinguished and cherished heritages. Whether it is Su Shi's gourmet search for the perfect taste or Cao Xueqin's ...
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The representation of gastronomy has a long tradition in China as one of its most distinguished and cherished heritages. Whether it is Su Shi's gourmet search for the perfect taste or Cao Xueqin's elaboration of the delicacies in The Dream of the Red Chamber, the unique appeal of food demonstrates its special cultural significance and influence in Chinese society. By briefly discussing the representations of food in Imperial Chinese literature from a historio-cultural perspective, the purpose of the chapter is to provide an introduction for the exploration of the manifold literary, artistic representations and cultural and historical implications of food in Imperial China.Less
The representation of gastronomy has a long tradition in China as one of its most distinguished and cherished heritages. Whether it is Su Shi's gourmet search for the perfect taste or Cao Xueqin's elaboration of the delicacies in The Dream of the Red Chamber, the unique appeal of food demonstrates its special cultural significance and influence in Chinese society. By briefly discussing the representations of food in Imperial Chinese literature from a historio-cultural perspective, the purpose of the chapter is to provide an introduction for the exploration of the manifold literary, artistic representations and cultural and historical implications of food in Imperial China.
Tak Kam Chan
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9789888139972
- eISBN:
- 9789888180967
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888139972.003.0004
- Subject:
- Society and Culture, Asian Studies
This chapter explores the uniqueness of wine within the trope of food literature by charting the changing prosaic conceptualization of this substance from the pre-Qin era to Wei-Jin period. By ...
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This chapter explores the uniqueness of wine within the trope of food literature by charting the changing prosaic conceptualization of this substance from the pre-Qin era to Wei-Jin period. By observing the way wine in Pre-Qin prose is mostly alluded to in a restrictive manner and in association with the aristocracy's sacrificial rites and social feasts, it notes the existence of a clear moral censure of over-drinking, which changed in Han times when wine drinking became a common activity among the literati class. Although moral censure retained its influence throughout this transition, wine increasingly took up the role of an intensifier of sensations or a reliever of sorrow and worries in poetry. The positive perception of wine culminated in its synonymity with spiritual independence in the Wei-Jin era.Less
This chapter explores the uniqueness of wine within the trope of food literature by charting the changing prosaic conceptualization of this substance from the pre-Qin era to Wei-Jin period. By observing the way wine in Pre-Qin prose is mostly alluded to in a restrictive manner and in association with the aristocracy's sacrificial rites and social feasts, it notes the existence of a clear moral censure of over-drinking, which changed in Han times when wine drinking became a common activity among the literati class. Although moral censure retained its influence throughout this transition, wine increasingly took up the role of an intensifier of sensations or a reliever of sorrow and worries in poetry. The positive perception of wine culminated in its synonymity with spiritual independence in the Wei-Jin era.
Eileen Fauset
- Published in print:
- 2009
- Published Online:
- July 2012
- ISBN:
- 9780719055577
- eISBN:
- 9781781702222
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719055577.003.0005
- Subject:
- Literature, Women's Literature
This chapter discusses female travel writers, who normally wrote from a perspective characterised by the nature of their personal domestic experience, and notes that Kavanagh was also subject to some ...
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This chapter discusses female travel writers, who normally wrote from a perspective characterised by the nature of their personal domestic experience, and notes that Kavanagh was also subject to some form of gender censure and restrictiveness. It studies Kavanagh's A Summer and Winter in the Two Sicilies, in which she uses a domestic approach and comments on the gender politics and cultural contradictions of life in the two Sicilies. The chapter then refers to women travellers, and observes that Kavanagh presents a prominent voice as she draws on the context of cultural ‘differences’ in Italian and English women. It concludes that her interest in and delivery of the experiences of women are a form of political writing in itself.Less
This chapter discusses female travel writers, who normally wrote from a perspective characterised by the nature of their personal domestic experience, and notes that Kavanagh was also subject to some form of gender censure and restrictiveness. It studies Kavanagh's A Summer and Winter in the Two Sicilies, in which she uses a domestic approach and comments on the gender politics and cultural contradictions of life in the two Sicilies. The chapter then refers to women travellers, and observes that Kavanagh presents a prominent voice as she draws on the context of cultural ‘differences’ in Italian and English women. It concludes that her interest in and delivery of the experiences of women are a form of political writing in itself.
