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This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community's collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory's advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
This remarkably comprehensive Handbook provides a multifaceted yet carefully crafted investigation into the work of Immanuel Kant, one of the greatest philosophers the world has ever seen. With original contributions from leading international scholars in the field, this authoritative volume first sets Kant's work in its biographical and historical context. It then proceeds to explain and evaluate his revolutionary work in metaphysics and epistemology, logic, ethics, aesthetics, philosophy of science, philosophy of religion, political philosophy, philosophy of history, philosophy of education, and anthropology. Key Features: * Draws attention to the foundations of Kant's varied philosophical insights - transcendental idealism, logic, and the bridge between theoretical and practical reason * Considers hitherto neglected topics such as sexuality and the philosophy of education * Explores the immense impact of his ground-breaking work on subsequent intellectual movements Serving as a touchstone for meaningful discussion about Kant's philosophical and historical importance, this definitive Handbook is essential reading for Kant scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.
Kant and Applied Ethics makes an important contribution to Kant scholarship, illuminating the vital moral parameters of key ethical debates. * Offers a critical analysis of Kant s ethics, interrogating the theoretical bases of his theory and evaluating their strengths and weaknesses * Examines the controversies surrounding the most important ethical discussions taking place today, including abortion, the death penalty, and same-sex marriage * Joins innovative thinkers in contemporary Kantian scholarship, including Christine Korsgaard, Allen Wood, and Barbara Herman, in taking Kant s philosophy in new and interesting directions * Clarifies Kant s legacy for applied ethics, helping us to understand how these debates have been structured historically and providing us with the philosophical tools to address them
Immanuel Kant's groundbreaking Critique of Pure Reason inaugurated a new way of understanding the world that continues to impact philosophy to the present day. With clear explanations and numerous examples, A Companion to Kant's Critique of Pure Reason takes students step by step through the book in a way that captures their interest without sacrificing depth or intellectual rigor. Although it is informed by recent Anglo-American scholarship, the Companion focuses on Kant's own arguments rather than secondary texts and scholarly debates that may otherwise distract from what Kant himself is attempting. The Companion first places the Critique in its historical and philosophical context before addressing the three main parts of the book in order: the Transcendental Aesthetic, the Transcendental Analytic, and the Transcendental Dialectic. The Companion also briefly explains how Kant continues his investigation into God, freedom, and immortality in the Critique of Practical Reason, and it concludes with an assessment of Kant's importance in the history of modern philosophy. Key features include a glossary of technical terms, with succinct definitions and cross-references, as well as an annotated bibliography of the most important English-language secondary sources on Kant's theoretical philosophy.