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Justice and Punishment: The Rationale of Coercion

Matt Matravers

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198295730
eISBN:
9780191599828
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198295731.001.0001
Subject:
Political Science, Political Theory

This book attempts to answer the challenge of showing that morality is not a confidence trick or a fetish. It does so by arguing that moral norms are those that rational, self‐interested people could ... More


Beyond Justice and the Rule of Law?

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0015
Subject:
Political Science, Political Theory

This chapter anticipates and responds to various objections to the thesis of the book, including those founded on communitarianism and on considerations of retributive and distributive justice. It ... More


The Structure of Liberty: Justice and the Rule of Law

Randy E. Barnett

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.001.0001
Subject:
Political Science, Political Theory

What is liberty, as opposed to licence, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, ... More


Where is the Love? The Topography of Mercy *

John Tasioulas

in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592814
eISBN:
9780191729034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592814.003.0003
Subject:
Law, Criminal Law and Criminology

Antony Duff has defended an ‘externalist’ view of mercy, according to which it is ‘an intrusion into the criminal process, into the realm or perspective of punishment, of quite other considerations ... More


Aggressive Interrogation and Retributive Justice: A Proposed Psychological Model

Avani Mehta Sood and Kevin M. Carlsmith

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0022
Subject:
Psychology, Social Psychology

The use of aggressive interrogation techniques on terrorism suspects is typically justified on utilitarian grounds. This chapter presents evidence that those who support such techniques are actually ... More


Understanding Restorative Justice

Elizabeth Beck, Sarah Britto, and Arlene Andrews

in In the Shadow of Death: Restorative Justice and Death Row Families

Published in print:
2007
Published Online:
April 2010
ISBN:
9780195179415
eISBN:
9780199893799
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195179415.003.0002
Subject:
Social Work, Children and Families, Crime and Justice

This chapter offers a brief history of the restorative justice movement in the United States. In order to do so it contrasts retributive and restorative justice goals and their application. ... More


Conclusion

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0018
Subject:
Law, Public International Law, Criminal Law and Criminology

This concluding chapter ends the book by summarizing the lessons of the previous chapters and asking whether the trials were successful. It covers issues such as retributive justice, documentary ... More


“First Be Reconciled”: Restorative Justice and Deliberative Democracy

William R. O’Neill

in Democracy, Culture, Catholicism: Voices from Four Continents

Published in print:
2015
Published Online:
May 2016
ISBN:
9780823267309
eISBN:
9780823272334
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823267309.003.0018
Subject:
Religion, Religion and Society

Bill O’Neill offers a provocative philosophical and theological reflection on the ‘moral squint’ of restorative justice—which he links tightly with the Catholic Social Teaching—in deliberative ... More


Honour, Anger, and Virtue

Jeremy Horder

in Provocation and Responsibility

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198256960
eISBN:
9780191681707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256960.003.0004
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter examines the links between honour, anger, and virtue in three ways. First, it comments on virtues and virtuous behaviour, an understanding central to an appreciation of the argument ... More


Forgiveness in Counseling: Caution, Definition, and Application

Mono Gustofson Affinito

in Before Forgiving: Cautionary Views of Forgiveness in Psychotherapy

Published in print:
2002
Published Online:
March 2012
ISBN:
9780195145205
eISBN:
9780199848607
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195145205.003.0006
Subject:
Psychology, Clinical Psychology

This chapter highlights that forgiveness is a decision that clients should be helped to make and that advocacy has little place in the counseling session. It specifically confirms the value of ... More


Desert: Individualistic and Holistic

Thomas Hurka

in Drawing Morals: Essays in Ethical Theory

Published in print:
2011
Published Online:
May 2015
ISBN:
9780199743094
eISBN:
9780190267544
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199743094.003.0009
Subject:
Philosophy, Moral Philosophy

This chapter addresses the argument of Samuel Scheffler on the concept of desert—which, while relevant in the theory of retributive justice that underlies criminal law—is not as applicable within the ... More


Understanding Intergroup Violence and Its Aftermath From Perpetrator and Victim Perspectives

Mengyao Li and Bernhard Leidner

in Confronting Humanity at its Worst: Social Psychological Perspectives on Genocide

Published in print:
2019
Published Online:
November 2019
ISBN:
9780190685942
eISBN:
9780190086060
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190685942.003.0007
Subject:
Psychology, Social Psychology

This chapter reviews and integrates the psychological literature on how members of perpetrator and victim groups perceive, evaluate, and respond differently to large-scale intergroup violence, as ... More


Anger as Outrage

Jeremy Horder

in Provocation and Responsibility

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198256960
eISBN:
9780191681707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256960.003.0005
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter describes the conception of anger underpinning early modern law: anger as outrage. The discovery that the doctrine of provocation can be analyzed in terms of conformity to and departure ... More


Beyond Juba in Uganda: Reconciling Restorative and Retributive Justice1

Jennifer Moore

in Humanitarian Law in Action within Africa

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199856961
eISBN:
9780190260064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199856961.003.0007
Subject:
Law, Human Rights and Immigration

This chapter examines the legal and political aspects of international law and post-conflict reconstruction in Uganda, with particular emphasis on the importance of reconciling restorative justice ... More


Dealing with the Former Regime: Accountability and Lustration

Ibrahim Fraihat

in Unfinished Revolutions: Yemen, Libya, and Tunisia after the Arab Spring

Published in print:
2016
Published Online:
September 2016
ISBN:
9780300215632
eISBN:
9780300220957
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300215632.003.0008
Subject:
History, Middle East History

This chapter argues that Libya, Tunisia, and Yemen need to pursue accountability and lustration within the framework of a transitional justice law. Accountability must include prosecuting ... More


Retributivism, Multiple Offending, and Overall Proportionality

Jesper Ryberg

in Sentencing for Multiple Crimes

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190607609
eISBN:
9780190607630
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190607609.003.0002
Subject:
Sociology, Law, Crime and Deviance

This chapter examines the retributivist approach to the sentencing of multiple offenders, with particular emphasis on the argument that retributive justice implies overall proportionality ... More


Dealing with a Violent Past

Fanie du Toit

in When Political Transitions Work: Reconciliation as Interdependence

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190881856
eISBN:
9780190881887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190881856.003.0004
Subject:
Political Science, International Relations and Politics, Comparative Politics

This chapter focuses on whether the TRC maintained momentum toward inclusivity and fairness built up during the early 1990s, or if it embodied the first signs of South Africa’s stepping away from ... More


Justice

Alphonso Lingis

in Irrevocable: A Philosophy of Mortality

Published in print:
2018
Published Online:
May 2019
ISBN:
9780226556765
eISBN:
9780226557090
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226557090.003.0017
Subject:
Philosophy, General

In Java I had purchased a bird that was not delivered to me. Dealing with the local police officer, I learned that his concept of justice was not mine. Back home justice consists in compensating for ... More


Conclusion

Jennifer Moore

in Humanitarian Law in Action within Africa

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199856961
eISBN:
9780190260064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199856961.003.0011
Subject:
Law, Human Rights and Immigration

This book has examined humanitarian law in action in Uganda, Sierra Leone, and Burundi. It has discussed the process of reconstruction after the civil war in each country, anchored on international ... More


Law vs. Justice

George P. Fletcher

in The Grammar of Criminal Law: Volume Two: International Criminal Law

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190903572
eISBN:
9780190903602
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190903572.003.0013
Subject:
Law, Criminal Law and Criminology, Public International Law

This concluding chapter looks at the concepts of law and justice. There are two concepts of law: law as principle and law as rule or regularity. The former is normative, while the latter is ... More


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