Punishment and Freedom: A Liberal Theory of Penal Justice Alan Brudner

ISBN: 9780199652334

Published: April 1st 2012

Paperback

336 pages


Description

Punishment and Freedom: A Liberal Theory of Penal Justice  by  Alan Brudner

Punishment and Freedom: A Liberal Theory of Penal Justice by Alan Brudner
April 1st 2012 | Paperback | PDF, EPUB, FB2, DjVu, audiobook, mp3, RTF | 336 pages | ISBN: 9780199652334 | 7.39 Mb

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 individualMoreThis 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 books 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 justicegenerating 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.



Enter answer





Related Archive Books



Related Books


Comments

Comments for "Punishment and Freedom: A Liberal Theory of Penal Justice":


woodmansouthgate.com

©2013-2015 | DMCA | Contact us