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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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Punishment and Political Theory

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Edited by: Matt Matraves

ISBN13: 9781901362886
ISBN: 1901362884
Published: November 1998
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



Low stock.

This book brings together moral and legal philosophers,criminologists and political theorists in an attempt to address the interdependence of the study of punishment and of political theory as well as specific issues, such as freedom, autonomy, coercion and rights that arise in both. In addition to new essays on the compatibility of rights and utilitarianism and of autonomy and coercion in Kant’s theory, the book contains an extended treatment of the idea of punishment as communication. This theme is taken up in arguments over whether punishment is communicative, in the questions of what the content of any such communication could be in a pluralist society, and whether communicative accounts can make sense of the use of ‘hard treatment’. By combining the techniques and expertise of different disciplines, the essays in this book shed new light on the problem of punishment. They also demonstrate the usefulness of that problem as a testing ground for legal and moral philosophy.

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Subjects:
Jurisprudence
Contents:
Introduction
Matt Matravers
1. Punishment in a Kantian Framework
Tom Sorell
2. Punishment and Rights
Dudley Knowles
3. Punishment, Communication, and Community
R. A. Duff
4. Punishment, Penance, and the State: A Reply to Duff
Andrew von Hirsch
Response to von Hirsch
R. A. Duff
5. Justifying Punishment in Intercultural Contexts: Whose Norms? Which Values?
Duncan Ivison
6. “What to Say?”: The Communicative Element in Punishment and Moral Theory
Matt Matravers
7. Punishment, Communication, and Resentment
Thomas Baldwin
8. Albert Speer, Guilt, and “The Space Between”
Alan Norrie
9. Penal Practices and Political Theory: An Agenda for Dialogue
Nicola Lacey