Punishment occupies a central place in our lives and attitudes. We
suffer a profound ambivalence about its moral consequences. Persons
who have been punished or are liable to be punished have long objected
to the legitimacy of punishment. We are all objects of punishment, yet
we are also its users. Our ambivalence is so profound that not only do
we punish others, but we punish ourselves as well. We view those who
submit too willingly to punishment as obedient verging on the
groveling coward, and we view those who resist punishment as
disobedient, rebels. In The Punishment Response Graeme Newman
describes the uses of punishment and how these uses change over
time.Some argue that punishment promotes discrimination and
divisiveness in society. Others claim that it is through punishment
that order and legitimacy are upheld. It is important that punishment
is understood as neither one nor the other; it is both. This point,
simple though it seems, has never really been addressed. This is why
Newman claims we wax and wane in our uses of punishment; why punishing
institutions are clogged by bureaucracy; why the death penalty comes
and goes like the tide.Graeme Newman emphasizes that punishment is a
cultural process and also a mechanism of particular institutions, of
which criminal law is but one. Because academic discussions of
punishment have been confined to legalistic preoccupations, much of
the policy and justification of punishment have been based on
discussions of extreme cases. The use of punishment in the sphere of
crime is an extreme unto itself, since crime is a minor aspect of
daily life. The uses of punishment, and the moral justifications for
punishment within the family and school have rarely been considered,
certainly not to the exhaustive extent that criminal law has been in
this outstanding work.
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Produktdetaljer
ISBN
9781351475716
Publisert
2017
Utgave
2. utgave
Utgiver
Taylor & Francis
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter