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Philosophy - Punishment and Freedom (Oxford Monographs on Criminal Law and Justice)

Description

Book Synopsis: This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.

Details

Are you interested in criminal law and justice? Dive into a thought-provoking read with the book "Punishment and Freedom" by Oxford Monographs. This eye-opening work challenges the prevailing notions of penal law by presenting a fresh perspective rooted in political and constitutional theory. Unlike the commonly held belief that punishment should be based on moral theories of blame, this book argues that the essence of penal action lies in the state's ability to responsibly restrain and confine individuals.

As you embark on this enlightening journey, you will discover how the author unravels the relationship between penal action and personal freedom. The concept of permissible force, rather than wrongful violence, takes center stage. Only when a free agent can accept the state's actions as consistent with their freedom does punishment become a justifiable act. Brace yourself for a compelling exploration of different conceptions of freedom, each shaping a theoretical paradigm of penal justice.

It's worth noting that this book doesn't shy away from the complexities and potential contradictions in the law. Instead, it emphasizes how these diverse paradigms unite to form a complex whole, influencing the constraints on punishment within our legal system. If you are passionate about criminal law, justice, or simply crave intellectual stimulation, "Punishment and Freedom" is a must-read book that promises to challenge your perspectives and broaden your understanding.

Are you ready to delve into the world of penal law from a whole new angle? Order your copy of "Punishment and Freedom" now and open your mind to the intricate dynamics at play in our legal system. Click here to get your hands on this enlightening masterpiece!

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