James L. Crenshaw
- Published in print:
- 2005
- Published Online:
- July 2005
- ISBN:
- 9780195140026
- eISBN:
- 9780199835607
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195140028.001.0001
- Subject:
- Religion, Biblical Studies
The existence of evil has given rise to perplexed questioning of divine justice from the beginning of recorded history. The present volume examines early responses to the problem of theodicy in ...
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The existence of evil has given rise to perplexed questioning of divine justice from the beginning of recorded history. The present volume examines early responses to the problem of theodicy in Mesopotamia, Egypt, and Syria-Palestine as a way of assessing modern approaches to existential and religious crises. Through close readings of many texts in the Hebrew Bible and comparison with treatments in extrabiblical literature, it explores the richly diverse legacy of those who have influenced the West in so many ways. That legacy ranges from denying that a problem exists—the atheistic answer—to positing a vulnerable deity who assumes full responsibility for evil and its eradication. Between those two poles are responses that attempt to spread the blame, assuming a multiplicity of deities, a single rival deity (the personification of all evil), or a solitary deity who is somehow constrained, either by limited power and knowledge or by a split personality that struggles to balance the conflicting demands of justice and mercy. Analogies from parenting, jurisprudence, and the cult offer responses of discipline, retribution, and substitutionary atonement, respectively. Two final responses acquiesce to injustice in the present life, anticipating rectification beyond the grave or acknowledging human ignorance in the face of divine mystery. The limitation articulated by the last response requires that even the effort to provide a theodicy be questioned, especially given the fact that mortals have already received from the deity the greatest gift of all: life. Still, the search for answers is bound to continue, for it is only in challenging belief that theological discourse retains its integrity.Less
The existence of evil has given rise to perplexed questioning of divine justice from the beginning of recorded history. The present volume examines early responses to the problem of theodicy in Mesopotamia, Egypt, and Syria-Palestine as a way of assessing modern approaches to existential and religious crises. Through close readings of many texts in the Hebrew Bible and comparison with treatments in extrabiblical literature, it explores the richly diverse legacy of those who have influenced the West in so many ways. That legacy ranges from denying that a problem exists—the atheistic answer—to positing a vulnerable deity who assumes full responsibility for evil and its eradication. Between those two poles are responses that attempt to spread the blame, assuming a multiplicity of deities, a single rival deity (the personification of all evil), or a solitary deity who is somehow constrained, either by limited power and knowledge or by a split personality that struggles to balance the conflicting demands of justice and mercy. Analogies from parenting, jurisprudence, and the cult offer responses of discipline, retribution, and substitutionary atonement, respectively. Two final responses acquiesce to injustice in the present life, anticipating rectification beyond the grave or acknowledging human ignorance in the face of divine mystery. The limitation articulated by the last response requires that even the effort to provide a theodicy be questioned, especially given the fact that mortals have already received from the deity the greatest gift of all: life. Still, the search for answers is bound to continue, for it is only in challenging belief that theological discourse retains its integrity.
David Hodgson
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199845309
- eISBN:
- 9780199932269
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199845309.001.0001
- Subject:
- Philosophy, Philosophy of Mind, General
In recent years, philosophical discussions of free will have focused largely on whether or not free will is compatible with determinism. In this challenging book, David Hodgson takes a fresh approach ...
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In recent years, philosophical discussions of free will have focused largely on whether or not free will is compatible with determinism. In this challenging book, David Hodgson takes a fresh approach to the question of free will, contending that close consideration of human rationality and human consciousness shows that together they give us free will, in a robust and indeterministic sense. In particular, they give us the capacity to respond appositely to feature-rich gestalts of conscious experiences, in ways that are not wholly determined by laws of nature or computational rules. The author contends that this approach is consistent with what science tells us about the world; and he considers its implications for our responsibility for our own conduct, for the role of retribution in criminal punishment, and for the place of human beings in the wider scheme of things.Less
In recent years, philosophical discussions of free will have focused largely on whether or not free will is compatible with determinism. In this challenging book, David Hodgson takes a fresh approach to the question of free will, contending that close consideration of human rationality and human consciousness shows that together they give us free will, in a robust and indeterministic sense. In particular, they give us the capacity to respond appositely to feature-rich gestalts of conscious experiences, in ways that are not wholly determined by laws of nature or computational rules. The author contends that this approach is consistent with what science tells us about the world; and he considers its implications for our responsibility for our own conduct, for the role of retribution in criminal punishment, and for the place of human beings in the wider scheme of things.
Vanessa Barker
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195370027
- eISBN:
- 9780199871315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195370027.003.0003
- Subject:
- Political Science, American Politics
This chapter details the case study of California. It shows how a democratic process based on polarized populism led to a retributive penal regime, with high rates of imprisonment for all kinds of ...
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This chapter details the case study of California. It shows how a democratic process based on polarized populism led to a retributive penal regime, with high rates of imprisonment for all kinds of offenders. It analyzes the success of the crime victims movement, facilitated by the direct democracy measures such as the initiative process, in transforming the moral calculus of punishment. The victims movement helped to bring about a more emotive, passionate, and punitive approach to crime control, making crime victims' pain central to the justification, legitimation, and authority of criminal law and penal sanctioning. The chapter analyzes how a more conservative populist movement challenged state authority, weakened social trust, and demanded a tough law‐and‐order approach to crime and fears over growing ethnic and racial diversity, intensifying social divisions and social exclusion.Less
This chapter details the case study of California. It shows how a democratic process based on polarized populism led to a retributive penal regime, with high rates of imprisonment for all kinds of offenders. It analyzes the success of the crime victims movement, facilitated by the direct democracy measures such as the initiative process, in transforming the moral calculus of punishment. The victims movement helped to bring about a more emotive, passionate, and punitive approach to crime control, making crime victims' pain central to the justification, legitimation, and authority of criminal law and penal sanctioning. The chapter analyzes how a more conservative populist movement challenged state authority, weakened social trust, and demanded a tough law‐and‐order approach to crime and fears over growing ethnic and racial diversity, intensifying social divisions and social exclusion.
Byron L. Sherwin
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195336238
- eISBN:
- 9780199868520
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195336238.003.0007
- Subject:
- Religion, Judaism
Absurdity, evil, and natural catastrophes pose a visceral challenge to faith and to meaning. This challenge is known in theology as “theodicy.” This chapter addresses the problem of theodicy by ...
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Absurdity, evil, and natural catastrophes pose a visceral challenge to faith and to meaning. This challenge is known in theology as “theodicy.” This chapter addresses the problem of theodicy by reviewing a variety of responses to the problem offered throughout the history of Jewish thought, emphasizing Jewish mystical views regarding the commingling of good and evil, the view of a “limited God,” the gap between God's expectations and human actions, and problems inherent in the doctrine of divine retribution. God is portrayed as a fallible, frustrated artist who empathizes with and who participates in the human condition, and who wants and needs to work in partnership with human beings to confront evil and absurdity in our world. Ultimately understood as a situation to be addressed rather than a problem to be solved, the existence of evil and absurdity are presented as endemic elements of an imperfect creation, where God and the human creature must collaborate by living in the covenant to bring about their and its redemption.Less
Absurdity, evil, and natural catastrophes pose a visceral challenge to faith and to meaning. This challenge is known in theology as “theodicy.” This chapter addresses the problem of theodicy by reviewing a variety of responses to the problem offered throughout the history of Jewish thought, emphasizing Jewish mystical views regarding the commingling of good and evil, the view of a “limited God,” the gap between God's expectations and human actions, and problems inherent in the doctrine of divine retribution. God is portrayed as a fallible, frustrated artist who empathizes with and who participates in the human condition, and who wants and needs to work in partnership with human beings to confront evil and absurdity in our world. Ultimately understood as a situation to be addressed rather than a problem to be solved, the existence of evil and absurdity are presented as endemic elements of an imperfect creation, where God and the human creature must collaborate by living in the covenant to bring about their and its redemption.
Bruce N. Waller
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780262028165
- eISBN:
- 9780262327404
- Item type:
- book
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262028165.001.0001
- Subject:
- Philosophy, Moral Philosophy
Belief in moral responsibility is very strong; and although there are many arguments in support of moral responsibility, it is clear that those arguments are not as strong as the belief in moral ...
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Belief in moral responsibility is very strong; and although there are many arguments in support of moral responsibility, it is clear that those arguments are not as strong as the belief in moral responsibility, and other forces must be supporting that strong belief. The Stubborn System of Moral Responsibility examines the various forces that hold the moral responsibility system in place, both in philosophy and in criminal justice. The major elements of the moral responsibility system include belief in a just world, belief in rugged individualism (and self-making), and belief that moral responsibility protects human dignity. Together, those factors block deeper inquiry into the causes of character and behavior, and the insistence on limiting deeper inquiry is fundamental to preserving belief in moral responsibility. The neoliberal culture promotes strong belief in a just world (including belief in a just economic system) as well as belief in the “self-made man,” and that culture is also the most deeply committed to individual moral responsibility.Less
Belief in moral responsibility is very strong; and although there are many arguments in support of moral responsibility, it is clear that those arguments are not as strong as the belief in moral responsibility, and other forces must be supporting that strong belief. The Stubborn System of Moral Responsibility examines the various forces that hold the moral responsibility system in place, both in philosophy and in criminal justice. The major elements of the moral responsibility system include belief in a just world, belief in rugged individualism (and self-making), and belief that moral responsibility protects human dignity. Together, those factors block deeper inquiry into the causes of character and behavior, and the insistence on limiting deeper inquiry is fundamental to preserving belief in moral responsibility. The neoliberal culture promotes strong belief in a just world (including belief in a just economic system) as well as belief in the “self-made man,” and that culture is also the most deeply committed to individual moral responsibility.
Michael Fishbane
- Published in print:
- 1988
- Published Online:
- November 2003
- ISBN:
- 9780198266990
- eISBN:
- 9780191600593
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198266995.003.0013
- Subject:
- Religion, Judaism
Takes up the topic of the aggadic transformation of non‐legal pentateuchal traditions. In this category are such matters as the theological treatment of topics in the Genesis narratives (e.g. the ...
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Takes up the topic of the aggadic transformation of non‐legal pentateuchal traditions. In this category are such matters as the theological treatment of topics in the Genesis narratives (e.g. the notion of the divine image of mankind; or later reflections on perceived mythic features); the manna tradition; the priestly blessing; and the varieties of reuse of the formulary of divine attributes in the diverse genres of Scripture. Also taken up is the topic of typologies, and various sub‐types are dealt with (e.g. typologies of a cosmological–historical nature; of a spatial nature; and of a biographical nature). By this means, the broad range of analogies and correlations drawn by early and later tradition are considered—both explicit and implicit.Less
Takes up the topic of the aggadic transformation of non‐legal pentateuchal traditions. In this category are such matters as the theological treatment of topics in the Genesis narratives (e.g. the notion of the divine image of mankind; or later reflections on perceived mythic features); the manna tradition; the priestly blessing; and the varieties of reuse of the formulary of divine attributes in the diverse genres of Scripture. Also taken up is the topic of typologies, and various sub‐types are dealt with (e.g. typologies of a cosmological–historical nature; of a spatial nature; and of a biographical nature). By this means, the broad range of analogies and correlations drawn by early and later tradition are considered—both explicit and implicit.
Steve Herbert
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780520300507
- eISBN:
- 9780520971875
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520300507.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
Life-sentenced prisoners are a growing proportion of America’s incarcerated population. Too Easy to Keep provides a thorough assessment of the consequences of this monumental shift. It examines the ...
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Life-sentenced prisoners are a growing proportion of America’s incarcerated population. Too Easy to Keep provides a thorough assessment of the consequences of this monumental shift. It examines the implications of growing numbers of life sentences for both prisoners serving that sentence and the prisons that house them. It draws upon extensive interviews with life-sentenced prisoners and prison staff in two Washington facilities. The data demonstrate that many lifers build lives of considerable purpose and meaning, and devote themselves to improving the circumstances of others. They become, in prison terms, “easy keepers,” and provide considerable stability to the institutions that house them. Yet as they age and decline, life-sentenced prisoners prove harder to accommodate. Prison staff thus struggle to meet the needs of this rapidly-growing population. Too Easy to Keep reviews the challenges that aging prisoners will pose, and thereby provides much cause for a reconsideration of America’s punishment policies.Less
Life-sentenced prisoners are a growing proportion of America’s incarcerated population. Too Easy to Keep provides a thorough assessment of the consequences of this monumental shift. It examines the implications of growing numbers of life sentences for both prisoners serving that sentence and the prisons that house them. It draws upon extensive interviews with life-sentenced prisoners and prison staff in two Washington facilities. The data demonstrate that many lifers build lives of considerable purpose and meaning, and devote themselves to improving the circumstances of others. They become, in prison terms, “easy keepers,” and provide considerable stability to the institutions that house them. Yet as they age and decline, life-sentenced prisoners prove harder to accommodate. Prison staff thus struggle to meet the needs of this rapidly-growing population. Too Easy to Keep reviews the challenges that aging prisoners will pose, and thereby provides much cause for a reconsideration of America’s punishment policies.
Jane Idleman Smith and Yvonne Yazbeck Haddad
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195156492
- eISBN:
- 9780199834662
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195156498.003.0004
- Subject:
- Religion, Islam
Contemporary (twentieth century) Muslim exegetes and interpreters have taken the classical materials of scripture and tradition and recast them in the light of modern understanding. In this chapter, ...
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Contemporary (twentieth century) Muslim exegetes and interpreters have taken the classical materials of scripture and tradition and recast them in the light of modern understanding. In this chapter, the events proposed by classical writers to pertain to the period between death and resurrection are reexamined and either rejected or accepted, sometimes with new twists. Modern science and new theories of psychology are drawn on as they consider the state of the soul after death. Particular attention is given to contemporary Muslim spiritualist interpretations.Less
Contemporary (twentieth century) Muslim exegetes and interpreters have taken the classical materials of scripture and tradition and recast them in the light of modern understanding. In this chapter, the events proposed by classical writers to pertain to the period between death and resurrection are reexamined and either rejected or accepted, sometimes with new twists. Modern science and new theories of psychology are drawn on as they consider the state of the soul after death. Particular attention is given to contemporary Muslim spiritualist interpretations.
Solomon Schimmel
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195128413
- eISBN:
- 9780199834648
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195128419.003.0002
- Subject:
- Religion, Religion and Society
Examines the emotion of revenge from biological, psychological, biblical, Jewish, Christian, and philosophical perspectives, and the relationship between revenge, retribution, and justice. The author ...
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Examines the emotion of revenge from biological, psychological, biblical, Jewish, Christian, and philosophical perspectives, and the relationship between revenge, retribution, and justice. The author explores the dual ethic, which condemns vengeance against members of one's own group but not against “the other”, and discusses the relationship between the desire for vengeance and the Christian concept of Hell. The chapter concludes with a discussion of “grudge theory” – why we maintain grudges, and the benefits and liabilities of doing so for the grudge holder.Less
Examines the emotion of revenge from biological, psychological, biblical, Jewish, Christian, and philosophical perspectives, and the relationship between revenge, retribution, and justice. The author explores the dual ethic, which condemns vengeance against members of one's own group but not against “the other”, and discusses the relationship between the desire for vengeance and the Christian concept of Hell. The chapter concludes with a discussion of “grudge theory” – why we maintain grudges, and the benefits and liabilities of doing so for the grudge holder.
James L. Crenshaw
- Published in print:
- 2005
- Published Online:
- July 2005
- ISBN:
- 9780195140026
- eISBN:
- 9780199835607
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195140028.003.0008
- Subject:
- Religion, Biblical Studies
Belief in individual reward and retribution was subscribed to by every segment of the population in the ancient world. Not surprisingly, it became the dominant theodicy, expressed quite simply in ...
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Belief in individual reward and retribution was subscribed to by every segment of the population in the ancient world. Not surprisingly, it became the dominant theodicy, expressed quite simply in language familiar to one and all: “Whoever sows iniquity will reap a harvest of trouble.” Reasoning from faring ill to doing ill, all four of Job’s friends accuse him of wickedness, even though readers know that both God and the narrator have vouched for his integrity. Like Job’s attackers, the author of Psalm 37 attests the rigidity of this dogma when claiming never to have seen the righteous forsaken or impoverished, as does Israelite historiography and liturgical prayer from the period of the second temple. Jesus’ rejection of this view in John 9:7 stands alongside his acceptance of the concept of reward and punishment elsewhere.Less
Belief in individual reward and retribution was subscribed to by every segment of the population in the ancient world. Not surprisingly, it became the dominant theodicy, expressed quite simply in language familiar to one and all: “Whoever sows iniquity will reap a harvest of trouble.” Reasoning from faring ill to doing ill, all four of Job’s friends accuse him of wickedness, even though readers know that both God and the narrator have vouched for his integrity. Like Job’s attackers, the author of Psalm 37 attests the rigidity of this dogma when claiming never to have seen the righteous forsaken or impoverished, as does Israelite historiography and liturgical prayer from the period of the second temple. Jesus’ rejection of this view in John 9:7 stands alongside his acceptance of the concept of reward and punishment elsewhere.
Michael Moore
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199599493
- eISBN:
- 9780191594649
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199599493.003.0003
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This chapter argues for a kind of ‘equal protection’ for retributive justice amongst the kinds of justice. Other forms of justice – distributive, corrective, natural right, promissory – have ...
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This chapter argues for a kind of ‘equal protection’ for retributive justice amongst the kinds of justice. Other forms of justice – distributive, corrective, natural right, promissory – have respected places within our pantheon of plausible theories of legal institutions. The question put is why retributive justice has in modern times been so discriminated against. A variety of explanations are considered; the emotional nature of retributive judgments is ultimately singled out. That emotional nature is given extended treatment, along Nietzschean lines. Despite the conceded force of many of the Nietzschean objections to the emotional basis for retributive judgments, a virtuous emotional base for retributive judgments is argued to lie in feelings of guilt.Less
This chapter argues for a kind of ‘equal protection’ for retributive justice amongst the kinds of justice. Other forms of justice – distributive, corrective, natural right, promissory – have respected places within our pantheon of plausible theories of legal institutions. The question put is why retributive justice has in modern times been so discriminated against. A variety of explanations are considered; the emotional nature of retributive judgments is ultimately singled out. That emotional nature is given extended treatment, along Nietzschean lines. Despite the conceded force of many of the Nietzschean objections to the emotional basis for retributive judgments, a virtuous emotional base for retributive judgments is argued to lie in feelings of guilt.
David Hodgson
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199845309
- eISBN:
- 9780199932269
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199845309.003.0001
- Subject:
- Philosophy, Philosophy of Mind, General
The Introduction introduces the problem of free will and responsibility, and the book's contention that what we do is not the inexorable playing out of the role in life given to us by our genes and ...
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The Introduction introduces the problem of free will and responsibility, and the book's contention that what we do is not the inexorable playing out of the role in life given to us by our genes and circumstances. It refers to the compatibilist approach to free will, and to Haldane's argument in favour of free will. It then outlines the argument of the book.Less
The Introduction introduces the problem of free will and responsibility, and the book's contention that what we do is not the inexorable playing out of the role in life given to us by our genes and circumstances. It refers to the compatibilist approach to free will, and to Haldane's argument in favour of free will. It then outlines the argument of the book.
Arzoo Osanloo
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780691172040
- eISBN:
- 9780691201535
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691172040.001.0001
- Subject:
- Society and Culture, Middle Eastern Studies
Iran's criminal courts are notorious for meting out severe sentences—according to Amnesty International, the country has the world's highest rate of capital punishment per capita. Less known to ...
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Iran's criminal courts are notorious for meting out severe sentences—according to Amnesty International, the country has the world's highest rate of capital punishment per capita. Less known to outside observers, however, is the Iranian criminal code's recognition of forgiveness, where victims of violent crimes, or the families of murder victims, can request the state to forgo punishing the criminal. This book shows that in the Iranian justice system, forbearance is as much a right of victims as retribution. Drawing on extended interviews and first-hand observations of more than eighty murder trials, the book explores why some families of victims forgive perpetrators and how a wide array of individuals contribute to the fraught business of negotiating reconciliation. Based on Qur'anic principles, Iran's criminal codes encourage mercy and compel judicial officials to help parties reach a settlement. As no formal regulations exist to guide those involved, an informal cottage industry has grown around forgiveness advocacy. Interested parties—including attorneys, judges, social workers, the families of victims and perpetrators, and even performing artists—intervene in cases, drawing from such sources as scripture, ritual, and art to stir feelings of forgiveness. These actors forge new and sometimes conflicting strategies to secure forbearance, and some aim to reform social attitudes and laws on capital punishment. The book examines how an Islamic victim-centered approach to justice sheds light on the conditions of mercy.Less
Iran's criminal courts are notorious for meting out severe sentences—according to Amnesty International, the country has the world's highest rate of capital punishment per capita. Less known to outside observers, however, is the Iranian criminal code's recognition of forgiveness, where victims of violent crimes, or the families of murder victims, can request the state to forgo punishing the criminal. This book shows that in the Iranian justice system, forbearance is as much a right of victims as retribution. Drawing on extended interviews and first-hand observations of more than eighty murder trials, the book explores why some families of victims forgive perpetrators and how a wide array of individuals contribute to the fraught business of negotiating reconciliation. Based on Qur'anic principles, Iran's criminal codes encourage mercy and compel judicial officials to help parties reach a settlement. As no formal regulations exist to guide those involved, an informal cottage industry has grown around forgiveness advocacy. Interested parties—including attorneys, judges, social workers, the families of victims and perpetrators, and even performing artists—intervene in cases, drawing from such sources as scripture, ritual, and art to stir feelings of forgiveness. These actors forge new and sometimes conflicting strategies to secure forbearance, and some aim to reform social attitudes and laws on capital punishment. The book examines how an Islamic victim-centered approach to justice sheds light on the conditions of mercy.
Dr. David Nersessian
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199588909
- eISBN:
- 9780191594557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588909.003.0008
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter discusses why political genocide should be proscribed as a separate international crime. It evaluates political genocide in light of the underlying theoretical justifications for ...
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This chapter discusses why political genocide should be proscribed as a separate international crime. It evaluates political genocide in light of the underlying theoretical justifications for international criminal regulation as well as the overall goals of the international criminal justice system. In particular, it discusses the characteristics of international crimes as events that both threaten international peace and security and shock the collective conscience of humanity. It also details the underlying justifications for international criminal regulation (deterrence, retribution, expression, and restoration) and demonstrates that criminal prosecution is an essential remedy for the human rights violations arising out of political genocide. Ultimately, it concludes that the international community should create a separate offence of political genocide to squarely address this conduct.Less
This chapter discusses why political genocide should be proscribed as a separate international crime. It evaluates political genocide in light of the underlying theoretical justifications for international criminal regulation as well as the overall goals of the international criminal justice system. In particular, it discusses the characteristics of international crimes as events that both threaten international peace and security and shock the collective conscience of humanity. It also details the underlying justifications for international criminal regulation (deterrence, retribution, expression, and restoration) and demonstrates that criminal prosecution is an essential remedy for the human rights violations arising out of political genocide. Ultimately, it concludes that the international community should create a separate offence of political genocide to squarely address this conduct.
David Hodgson
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199845309
- eISBN:
- 9780199932269
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199845309.003.0012
- Subject:
- Philosophy, Philosophy of Mind, General
In Chapter 11, I give reasons why I contend it is important to maintain ideas of responsibility and retribution in the criminal law. I argue that both consequentialist considerations and ...
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In Chapter 11, I give reasons why I contend it is important to maintain ideas of responsibility and retribution in the criminal law. I argue that both consequentialist considerations and considerations of retribution are important in justifying punishment, and that ideas of retribution place appropriate constraints on the exercise of State compulsion. I suggest that while compatibilist views do support retribution, it is are more strongly and reliably supported by the version of free will that I support. I conclude by considering the future of retribution having regard to ongoing developments in science.Less
In Chapter 11, I give reasons why I contend it is important to maintain ideas of responsibility and retribution in the criminal law. I argue that both consequentialist considerations and considerations of retribution are important in justifying punishment, and that ideas of retribution place appropriate constraints on the exercise of State compulsion. I suggest that while compatibilist views do support retribution, it is are more strongly and reliably supported by the version of free will that I support. I conclude by considering the future of retribution having regard to ongoing developments in science.
Ekkehart Schlicht
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198292241
- eISBN:
- 9780191596865
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198292244.003.0009
- Subject:
- Economics and Finance, Microeconomics, History of Economic Thought
Rules are cognitive entities that carry behavioural consequences. Phenomena of commitment, obedience, status quo preference, and reciprocity are brought about by rule preference, viz. the desire of ...
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Rules are cognitive entities that carry behavioural consequences. Phenomena of commitment, obedience, status quo preference, and reciprocity are brought about by rule preference, viz. the desire of men to act sensibly and in a justifiable way.Less
Rules are cognitive entities that carry behavioural consequences. Phenomena of commitment, obedience, status quo preference, and reciprocity are brought about by rule preference, viz. the desire of men to act sensibly and in a justifiable way.
Loka Ashwood
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780300215359
- eISBN:
- 9780300235142
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300215359.001.0001
- Subject:
- Sociology, Urban and Rural Studies
Why is government distrust rampant, especially in the rural United States? This book offers a simple explanation: corporations and the government together dispossess rural people of their prosperity, ...
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Why is government distrust rampant, especially in the rural United States? This book offers a simple explanation: corporations and the government together dispossess rural people of their prosperity, and even their property. Based on four years of fieldwork, this eye-opening assessment plays out in a mixed-race Georgia community that hosted the first nuclear power reactors sanctioned by the government in three decades. This work serves as an explanatory mirror of prominent trends in current American politics. Churches become havens for redemption, poaching a means of retribution, guns a tool of self-defense, and nuclear power a faltering solution to global warming as governance strays from democratic principles. In the absence of hope or trust in rulers, rural racial tensions fester and divide. The book tells of the rebellion that unfolds as the rights of corporations supersede the rights of humans.Less
Why is government distrust rampant, especially in the rural United States? This book offers a simple explanation: corporations and the government together dispossess rural people of their prosperity, and even their property. Based on four years of fieldwork, this eye-opening assessment plays out in a mixed-race Georgia community that hosted the first nuclear power reactors sanctioned by the government in three decades. This work serves as an explanatory mirror of prominent trends in current American politics. Churches become havens for redemption, poaching a means of retribution, guns a tool of self-defense, and nuclear power a faltering solution to global warming as governance strays from democratic principles. In the absence of hope or trust in rulers, rural racial tensions fester and divide. The book tells of the rebellion that unfolds as the rights of corporations supersede the rights of humans.
Regina M. Schwartz
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780231170222
- eISBN:
- 9780231540124
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231170222.003.0005
- Subject:
- Philosophy, Moral Philosophy
Schwartz argues that Shakespeare’s plays suggest forgiveness as an alternative to revenge (which is incapable of redressing wrongs) that is tied to recognition and the (re)discovery of love.
Schwartz argues that Shakespeare’s plays suggest forgiveness as an alternative to revenge (which is incapable of redressing wrongs) that is tied to recognition and the (re)discovery of love.
Jill Stauffer
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780231171502
- eISBN:
- 9780231538732
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231171502.003.0006
- Subject:
- Philosophy, Moral Philosophy
Uses cases from the US, Uganda and South Africa to show different ways we might use legal and extralegal resources to do better justice, reclaiming retribution as a concern with balancing the scales ...
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Uses cases from the US, Uganda and South Africa to show different ways we might use legal and extralegal resources to do better justice, reclaiming retribution as a concern with balancing the scales that aims to address not only wrongs inflicted by perpetrators but harms undergone by victims and surrounding communities--thus it is one way to address ethical loneliness.Less
Uses cases from the US, Uganda and South Africa to show different ways we might use legal and extralegal resources to do better justice, reclaiming retribution as a concern with balancing the scales that aims to address not only wrongs inflicted by perpetrators but harms undergone by victims and surrounding communities--thus it is one way to address ethical loneliness.
Heine Steven
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780195386202
- eISBN:
- 9780199918362
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195386202.003.0001
- Subject:
- Religion, Religion and Society
How important are the vast number of religious sites in Tokyo? Why and to what extent do they endure and even thrive in the context of modern society that responds to the push of ancient traditions ...
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How important are the vast number of religious sites in Tokyo? Why and to what extent do they endure and even thrive in the context of modern society that responds to the push of ancient traditions and the pulls of contemporary secularization? This chapter gives an overview of how a carefully selected number of holy sites will be used to consider the various ways that traditional notions of sacred space are appropriated and continue to function in Tokyo, as well as in urbanized Japanese society more generally. It provides a preview of case studies of temples and shrines drawn from two representative yet contrasting neighborhoods: Akasaka in the affluent and influential central district of Yamanote or the High City; and Inarichō in the downbeat yet perpetually creative peripheral district of Shitamachi or the Low City.Less
How important are the vast number of religious sites in Tokyo? Why and to what extent do they endure and even thrive in the context of modern society that responds to the push of ancient traditions and the pulls of contemporary secularization? This chapter gives an overview of how a carefully selected number of holy sites will be used to consider the various ways that traditional notions of sacred space are appropriated and continue to function in Tokyo, as well as in urbanized Japanese society more generally. It provides a preview of case studies of temples and shrines drawn from two representative yet contrasting neighborhoods: Akasaka in the affluent and influential central district of Yamanote or the High City; and Inarichō in the downbeat yet perpetually creative peripheral district of Shitamachi or the Low City.
