This article advances a censure-based case against sentences of life imprisonment without the possibility of parole. Our argument justifies a retributive “second look” assessment of long-term priso...

Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments (...) may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology. (shrink)

This book is a comprehensive introduction to German philosophy, from Kant to the present day. The book focuses on the key figures and major texts. Separate chapters are devoted to Kant, Hegel, Schelling, Schopenhauer, Kierkegaard, Nietzsche, and Heidegger. Roberts also deals extensively with the Marxist tradition, with chapters on Feuerbach, Lukács, and Adorno. The author argues that Kant may be seen as the principal source of modern metaphysics, and his heirs as branching off into two opposing streams. This approach enables (...) Roberts to trace some of the underlying connections and oppositions between the major figures of German thought. Written in a lively and accessible style, German Philosophy will be of interest to students of philosophy, social sciences, and European thought and literature. (shrink)

Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.

The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes – but not always – lead to similar outcomes. This book is the second volume of a series in which (...) eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed. (shrink)

Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes (...) discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases. (shrink)

This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal (...) systems. The concession is significant: At a stroke, a guilty plea relieves the State of the burden of proving the defendant's guilt beyond a reasonable doubt, and in open court. Plea-based sentencing has become even more visible in recent years. The book provides insightful commentary on the following questions: - If an individual voluntarily accepts guilt, should the State receive this plea without further investigation or any disinterested adjudication? - Is it ethically acceptable to allow suspects and defendants, to self-convict in this manner, without independent confirmation and evidence to support a conviction? - If it is acceptable, what is the appropriate State response to such offenders? - If the defendant is detained pretrial, the ability to secure release in return for a plea may be particularly enticing. Might it be too enticing, resulting in wrongful convictions? (shrink)

This lucid and original book offers a detailed and critical exposition of German metaphysics and philosophy of logic during the past century. Julian Roberts sets his argument in the context of the current debate between "analytical" and "continental" philosophers. the book centers on the problem of reflection—exploration of the boundaries of rationality, or of the "limits of thought"—which Roberts claims lies at the heart of both traditions. Roberts concentrates on the work of Frege, Wittengenstein, Husserl, the Erlangen School, and Habermas. (...) In the course of his examination, however, he also considers philosophers ranging from Russell and Quine to Putnam and Heidegger. Roberts argues that the technical advances of modern logic have not, as is sometimes believed by analytical thinkers, generated uniquely modern problems that can only be dealt with by a correspondingly modernist philosophy, for the problem of reflection was already at the heart of Kant's critical project and of his confrontation with Leibniz. If we recover this earlier debate, says Roberts, we can develop a more adequate understanding not merely of its echoes in the twentieth century, but of the role and contribution of metaphysics and of philosophy in general. (shrink)

Arguing that the importance of painting and other visual art for Benjamin's epistemology has yet to be appreciated, Weigel undertakes the first systematic analysis of their significance to his thought. She does so by exploring Benjamin's dialectics of secularization, an approach that allows Benjamin to explore the simultaneous distance from and orientation towards revelation and to deal with the difference and tensions between religious and profane ideas. In the process, Weigel identifies the double reference of 'life' to both nature and (...) to a 'supernatural' sphere as a guiding concept of Benjamin's writings. Sensitive to the notorious difficulty of translating his language, she underscores just how much is lost in translation, particularly with regard to religious connotations. The book thus positions Benjamin with respect to the other European thinkers at the heart of current discussions of sovereignty and martyrdom, of holy and creaturely life. It corrects misreadings, including Agamben's staging of an affinity between Benjamin and Schmitt, and argues for the closeness of Benjamin's work to that of Aby Warburg, with whom Benjamin unsuccessfully attempted an intellectual exchange. (shrink)

Is it morally acceptable to use artificial intelligence (AI) in the form of computer-driven algorithms in the determination of sentences on those who have broken the law? If so, how should such algorithms be used? This book is the first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of AI at sentencing. It deals with a wide range of highly pertinent issues, such as the following: Should algorithmic-based decision-making be transparent? If so, what does (...) this mean and why is it important? Does a conflict between algorithmic transparency and algorithmic accuracy always constitute a moral dilemma? What does it mean to require that algorithmic sentencing decisions should be fair? When should an algorithm be regarded as discriminatory? Is it acceptable to use algorithms to produce risk assessments of future criminal conduct? Can algorithms ever be used in the exercise of mercy? Should AI only be used to guide judicial decision-making or could it ever be justified to replace a human sentencing judge with a robojudge? (shrink)