New Books in the Library – October/November

Faculty Publication


Prescription for the People: An Activist’s Guide to Making Medicine Affordable for All

Quigley, Fran
HD9666.4 .Q54 2017


In Prescription for the People, Fran Quigley diagnoses our inability to get medicines to the people who need them and then prescribes the cure. He delivers a clear and convincing argument for a complete shift in the global and U.S. approach to developing and providing essential medicines―and a primer on how to make that change happen.

Globally, 10 million people die each year because they are unable to pay for medicines that would save them. The cost of prescription drugs is bankrupting families and putting a strain on state and federal budgets. Patients’ desperate need for affordable medicines clashes with the core business model of the powerful pharmaceutical industry, which maximizes profits whenever possible. It doesn’t have to be this way. Patients and activists are aiming to make all essential medicines affordable by reclaiming medicines as a public good and a human right, instead of a profit-making commodity. In this book, Quigley demystifies statistics and terminology, offers solutions to the problems that block universal access to medicines, and provides a road map for activists wanting to make those solutions a reality.

More New Books


Alexander Hamilton and the Development of American Law

Brown, Kate Elizabeth
KF363 .H3 B76 2017


In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton’s political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington’s cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton’s professional career.

Re-examining Hamilton’s post-war accomplishments through the lens of law, Brown demonstrates that Hamilton’s much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton’s legacy, as well as his place in the founding era, Brown’s work also enhances and refines our understanding of the nature and history of American jurisprudence.

The Battle for the Court: Interest Groups, Judicial Elections, and Public Policy

Baum, Lawrence
KF8776 .B38 2017


Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies.

In The Battle for the Court, Lawrence Baum, David Klein, and Matthew Streb present a systematic investigation into the effects of interest group involvement in the election of judges. Focusing on personal-injury law, the issue that has played the most substantial role in spurring interest group activity in judicial elections, the authors detail how interest groups mobilize in response to unfavorable rulings by state supreme courts, how their efforts influence the outcomes of supreme court elections, and how those outcomes in turn effectively reshape public policies. The authors employ several decades’ worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state–Ohio–to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.

Beyond Snowden: Privacy, Mass Surveillance, and the Struggle to Reform the NSA

Edgar, Timothy H.
KF1262 .E34 2017


America’s mass surveillance programs, once secret, can no longer be ignored. While Edward Snowden began the process in 2013 with his leaks of top secret documents, the Obama administration’s own reforms have also helped bring the National Security Agency and its programs of signals intelligence collection out of the shadows. The real question is: What should we do about mass surveillance?

Timothy Edgar, a long-time civil liberties activist who worked inside the intelligence community for six years during the Bush and Obama administrations, believes that the NSA’s programs are profound threat to the privacy of everyone in the world. At the same time, he argues that mass surveillance programs can be made consistent with democratic values, if we make the hard choices needed to bring transparency, accountability, privacy, and human rights protections into complex programs of intelligence collection. Although the NSA and other agencies already comply with rules intended to prevent them from spying on Americans, Edgar argues that the rules–most of which date from the 1970s–are inadequate for this century. Reforms adopted during the Obama administration are a good first step but, in his view, do not go nearly far enough.

Edgar argues that our communications today–and the national security threats we face–are both global and digital. In the twenty first century, the only way to protect our privacy as Americans is to do a better job of protecting everyone’s privacy. Beyond Snowden: Privacy, Mass Surveillance, and the Struggle to Reform the NSA explains both why and how we can do this, without sacrificing the vital intelligence capabilities we need to keep ourselves and our allies safe. If we do, we set a positive example for other nations that must confront challenges like terrorism while preserving human rights. The United States already leads the world in mass surveillance. It can lead the world in mass surveillance reform.

Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice under Law

Ford, Gary L.
KF373 .M64 F67 2017


Constance Baker Motley was an African American woman; the daughter of immigrants from Nevis, British West Indies; a wife; and a mother who became a pioneer and trailblazer in the legal profession. She broke down barriers, overcame gender constraints, and operated outside the boundaries placed on black women by society and the civil rights movement. In Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice under Law, Gary L. Ford Jr. explores the key role Motley played in the legal fight to desegregate public schools as well as colleges, universities, housing, transportation, lunch counters, museums, libraries, parks, and other public accommodations.

The only female attorney at the NAACP Legal Defense and Educational Fund, Inc., Motley was also the only woman who argued desegregation cases in court during much of the civil rights movement. From 1946 through 1964, she was a key litigator and legal strategist for landmark civil rights cases including the Montgomery Bus Boycott and represented Martin Luther King Jr. as well as other protesters arrested and jailed as a result of their participation in sit-ins, marches, and freedom rides.

Motley was a leader who exhibited a leadership style that reflected her personality traits, skills, and strengths. She was a visionary who formed alliances and inspired local counsel to work with her to achieve the goals of the civil rights movement. As a leader and agent of change, she was committed to the cause of justice and she performed important work in the trenches in the South and behind the scene in courts that helped make the civil rights movement successful.

Cybersecurity Law

Kosseff, Jeff
KF1263 .C65 K67 2017


Expanding on the author’s experience as a cybersecurity lawyer and law professor, Cybersecurity Law is the definitive guide to cybersecurity law, with an in-depth analysis of U.S. and international laws that apply to data security, data breaches, sensitive information safeguarding, law enforcement surveillance, cybercriminal combat, privacy, and many other cybersecurity issues. Written in an accessible manner, the book provides real-world examples and case studies to help readers understand the practical applications of the presented material. The book begins by outlining the legal requirements for data security, which synthesizes the Federal Trade Commission’s cybersecurity cases in order to provide the background of the FTC’s views on data security. The book also examines data security requirements imposed by a growing number of state legislatures and private litigation arising from data breaches. Anti-hacking laws, such as the federal Computer Fraud and Abuse Act, Economic Espionage Act, and the Digital Millennium Copyright Act, and how companies are able to fight cybercriminals while ensuring compliance with the U.S. Constitution and statutes are discussed thoroughly.

A Debt Against the Living: An Introduction to Originalism

Wurman, Ilan
KF4552 .W87 2017


Thomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the ‘dead hand of the past’, suggesting that the Constitution should instead be interpreted as a living, breathing document. Less well-known is Madison’s response, in which he said the improvements made by the dead – including the US Constitution – form a debt against the living, who benefit from them. In this illuminating book, Ilan Wurman introduces Madison’s concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue following the death of Justice Antonin Scalia, one of the theory’s leading proponents. It should be read by anyone seeking a better understanding of originalism and its ongoing influence on the constitutional jurisprudence of the Supreme Court.

The Doctrine-Skills Divide: Legal Education’s Self-Inflicted Wound

Edwards, Linda Holdeman
KF272 .E388 2017


Calls to reform legal education argue for increasing skills courses and for adding skills components to existing doctrinal courses. Doctrinal teachers naturally resist. The argument asks them to give up curricular space and syllabus time in order to advance the teaching goals of someone else s course. But what if doctrinal and skills courses are not naturally occurring categories at all, but rather subjective groupings of our own creation? What if skills teaching is actually an inherent part of deep doctrinal learning? This book dismantles the theoretical legitimacy of the doctrine-skills divide, identifies its unnecessary negative entailments, and suggests better alternatives.

The Evolution of the Juvenile Court: Race, Politics, and the Criminalizing of Juvenile Justice

Feld, Barry C.
KF9794 .F45 2017


The juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control.  The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system’s development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years—the ascendance of get tough crime policies and the more recent Supreme Court recognition that “children are different.”

Feld’s comprehensive historical analyses trace juvenile courts’ evolution though four periods—the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today’s Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts’ policies and practices.  Changes in juvenile courts’ ends and means—substance and procedure—reflect shifting notions of children’s culpability and competence.

The Evolution of the Juvenile Court examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths’ reduced criminal responsibility and diminished competence. Feld draws on lessons from the past to envision a new, developmentally appropriate justice system for children. Ultimately, providing justice for children requires structural changes to reduce social and economic inequality—concentrated poverty in segregated urban areas—that disproportionately expose children of color to juvenile courts’ punitive policies.

Historical, prescriptive, and analytical, The Evolution of the Juvenile Court evaluates the author’s past recommendations to abolish juvenile courts in light of this new evidence, and concludes that separate, but reformed, juvenile courts are necessary to protect children who commit crimes and facilitate their successful transition to adulthood.

The Human Right to Housing in the Face of Land Policy and Social Citizenship: A Global Discourse Analysis

Kolocek, Michael
K3550 .K65 2017


This book explores the human right to housing, presenting the findings of a global discourse analysis to analyse the right to housing from the perspective of theories on land policy and social citizenship. The book concludes that planners and policy makers will not be able to completely fulfill the human right to housing. For that reason, the book presents a theory of de-commodification of land use that highlights the meaning of land use rights for people affected by inadequate housing.

Students and scholars across a range of disciplines, including social policy, global social policy, human rights law, discourse theory, and sociology will find this study of interest.

International Law and Religion: Historical and Contemporary Perspectives

 K3280 .I59 2017


This books maps out the territory of international law and religion challenging received traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective.

From the Middle Ages’ early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion.

The International Law on Foreign Investment

Sornarajah, M.
K3830.4 .S67 2017


Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the demonstrations against investor-state arbitration and the wide discussion during the 2016 US presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. Addressing the pressing need to examine foreign investment law in the context of public international law, the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah’s classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

Justice and Empathy: Toward a Constitutional Ideal

Burt, Robert
KF5130 .B88 2017


The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality. Constitutional scholar Robert A. Burt explores this shift and its implications, especially for the legal protection of the vulnerable. Crucial to Burt’s perspective is his unconventional view of the role of judges—not simply to decide disputes, but to promote a respectful dialogue leading to a genuine understanding between parties.

Local Government, Land Use, and the First Amendment: Protecting Free Speech and Expression States

KF5698 .L63 2017


This book is an re-mastered, retooled version of the ABA publication “Protecting Free Speech and Expression: The First Amendment and Land Use Law” which was published by the ABA. The book contains some theoretical discussion of First Amendment law as it pertains to land use issues (e.g. sign and billboard regulation, regulation of artwork and aesthetics, regulation of religious land uses, regulation of adult businesses, etc.), but also provides information which will be relevant to practitioners, and will include some regulatory strategies and case studies. In order to strategically illustrate their points, the authors included cases as source material.

Natural Law and Religious Freedom: The Role of Moral First Things in Grounding and Protecting the First Freedom

Charles, J. Daryl
K3258 .C474 2018


Every successive generation finds fresh reasons for the study of natural law. Current interest in the natural law may well be due to a pervasive moral pessimism in the Western cultural context and wider contemporary geopolitical challenges. Those geopolitical challenges result from two significant and worrisome global developments – unprecedented violent persecution of religious minorities on several continents and a growing climate of secular hostility toward religious faith in Western societies. Natural Law and Religious Freedom aims to address what is relatively absent from the literature by demonstrating the importance of natural law ethics in both establishing and preserving basic human rights, of which religious freedom has pride of place.

Probing contemporary challenges to natural law thinking that are both internal and external to religious faith, and examining the character and constitution of natural law ethics, Natural Law and Religious Freedom will be of interest to theologians, ethicists and philosophers as well as policy analysts, politicians and activists who are concerned to anchor religious freedom and human rights policy considerations in an enduring way.

The Paris Agreement on Climate Change: Analysis and Commentary

K3585.5 .P375 2017


The most important climate agreement in history, the Paris Agreement on Climate Change represents the commitment of the nations of the world to address and curb climate change.Signed in December 2015, it entered into force on 4th November 2016. Countries are moving into implementation, and efforts at all levels will be needed to fulfill its ambitious goals.

The Paris Climate Agreement: Commentary and Analysis combines a comprehensive legal appraisal and critique of the new Agreement with a practical and structured commentary to all its Articles. Part I discusses the general context for the Paris Agreement, detailing the scientific, political, and social drivers behind it, providing an overview of the pre-existing regime, and tracking the history of the negotiations. It examines the evolution of key concepts such as common but differentiated responsibilities, and analyses the legal form of the Agreement and the nature of its provisions. Part II comprises individual chapters on each Article of the Agreement, with detailed commentary of the provisions which highlights central aspects from the negotiating history and the legal nature of the obligations. It describes the institutional arrangements and considerations for national implementation, providing practical advice and prospects for future development. Part III reflects on the Paris Agreement as a whole: its strengths and weaknesses, its potential for further development, and its relationship with other areas of public international law and governance.

The book is an invaluable resource for academics and practitioners, policy makers, and actors in the private sector and civil society, as they negotiate the implementation of the Agreement in domestic law and policy.

Pharmaceutical Freedom: Why Patients Have a Right to Self-Medicate

Flanigan, Jessica
RA401 .A1 F53 2017


If a competent adult refuses medical treatment, physicians and public officials must respect her decision. Coercive medical paternalism is a clear violation of the doctrine of informed consent, which protects patients’ rights to make medical decisions even if a patient’s choice endangers her health. The same reasons for rejecting medical paternalism in the doctor’s office are also reasons to reject medical paternalism at the pharmacy, yet coercive medical paternalism persists in the form of premarket approval policies and prescription requirements for pharmaceuticals.

In Pharmaceutical Freedom Jessica Flanigan defends patients’ rights of self-medication. Flanigan argues that public officials should certify drugs instead of enforcing prohibitive pharmaceutical policies that disrespect people’s rights to make intimate medical decisions and prevent patients from accessing potentially beneficial new therapies. This argument has revisionary implications for important and timely debates about medical paternalism, recreational drug legalization, human enhancement, prescription drug prices, physician assisted suicide, and pharmaceutical marketing. The need for reform is especially urgent as medical treatment becomes increasingly personalized and patients advocate for the right to try. The doctrine of informed consent revolutionized medicine in the twentieth century by empowering patients to make treatment decisions. Rights of self-medication are the next step.

Proconstitutional Interpretation of Criminal Law

Szczucki, Krzysztof
KKP3800 .S9813 2017


Underlying the research for the purposes of this book were one basic assumption: transposing legal articles to behavioral norms, suitable in given circumstances and capable of resolving a problem, in this case from the realm of criminal law is difficult. This difficulty pertains not only to citizens, who cannot avail themselves of professional tools of interpretation of legal texts, but also to practitioners and academics, arguing over the correct construction of a regulation. It may be that criminal law – all its convoluted structure, overloaded with dogmatic principles – will never be understandable for average citizens. Nonetheless, it seems to be worthwhile to seek a platform for understanding, and a model for reacting to a dynamically changing social reality with its core and less fluid values. The method of finding moral clarity in criminal law is the proconstitutional interpretation. The perception of a constitution, an observation which concerns mainly democratic states, as a source of information about values of fundamental and integrating importance to a policy, led to a method of reconciling criminal law with those values within the constitution. Approaching a constitution as a source of information about values, as a matrix within which there exists a catalog of the most important values, without the need to reach beyond the system of positive law, makes this supposition acceptable also for those practitioners and academics who prefer a systemically imminent approach. The proposed scheme allows authorities responsible for forming and enforcing the law to take into account those values that play a significant role in social life. At the same time, it continues to embrace principles of legal reasoning, a safeguard against going into considerations reaching beyond the legal system. Not only may the method espoused in the book become applicable and, at least to some extent, adopted in Poland, but in other constitutional democracies as well.

Same-Sex Marriage and the Constitution

Gerstmann, Evan
KF539 .G47 2017


In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court’s reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent’s claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.

Social Enterprise Law: Trust, Public Benefit, and Capital Markets

Reiser, Dana Brakman
HD60 .R4675 2017


Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish.

Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust.

By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.

Social Media Communication: Concepts, Practices, Data, Law and Ethics

Lipschultz, Jeremy Harris
HM741 .L563 2017


In Social Media Communication: Concepts, Practices, Data, Law and Ethics, Jeremy Harris Lipschultz presents a wide-scale, interdisciplinary analysis and guide to social media. Examining platforms such as Twitter, Facebook, LinkedIn, Pinterest, Youtube and Vine, the book explores and analyzes journalism, broadcasting, public relations, advertising and marketing. Lipschultz focuses on key concepts, best practices, data analyses, law and ethics―all promoting the critical thinking professionals and students need to use new networking tools effectively and to navigate social and mobile media spaces. Featuring contemporary case studies, essays from some of the industry’s leading social media innovators, and a comprehensive glossary, this practical, multipurpose textbook gives readers the resources they’ll need to both evaluate and utilize current and future forms of social media.

The U.S. Supreme Court and Racial Minorities: Two Centuries of Judicial Review on Trial

Goldstein, Leslie Friedman
KF8742 .G65 2017


The U.S. Supreme Court and Racial Minorities offers an in-depth, chronologically arranged look at the record of the U.S. Supreme Court on racial minorities over the course of its first two centuries. It does not pose the anachronistic standard, “Did the Supreme Court get it right?” but rather, “How did the Supreme Court compare to other branches of the federal government at the time?” Have these Justices, prevented against removal from office by discontented voters (in contrast to the President and the members of Congress), done any better than the elected branches of government at protecting racial minorities in America?Goldstein examines treatment of four racial minorities (Indians, Blacks, Asians, and Hispanics) in this investigation of the life-tenured Supreme Court’s comparative willingness to protect racial minorities. She finds that judicial review, while no panacea, did help America’s racial minorities: when the Court was willing to help, it was particularly willing to act to check state-level oppressive policies and federal-level administrative abuses. She also documents the Supreme Court’s leadership role on the civil rights of Black Americans from 1911-1989. This book will be a critical resource not only for scholars of political science and law, but for anyone interested in the history of the treatment of racial minorities by the U.S. government and the value of judicial review as a protector of minority rights.

When Religious and Secular Interests Collide: Faith, Law, and the Religious Exemption Debate

Merriman, Scott A.
KF4783 .M47 2017


Can religion be used to legalize discrimination? When does religion exclude a person or corporation from having to follow a federal or state law, and does our government automatically favor one faith over another when allowing such exemptions? How “religious” must an activity be to qualify as exempt? These are just a few of the difficult questions addressed in When Religious and Secular Interests Collide: Faith, Law, and the Religious Exemption Debate, one of the most modern resources for looking at religion and the law, both historically and in the present. This book enables readers to fully comprehend this important multifaceted issue that continues to be contested in our courts, legislatures, hearts, and minds.

Readers will gain vital historical background about this battleground topic of academic and public interest, see how the contentious issue has changed in the past, and learn about recent developments, including the controversies surrounding religious exemption laws passed in Arkansas and Indiana in 2015. They will also glean knowledge to evaluate claims made about the First Amendment and equal rights and reach their own educated opinions on the subject. Additionally, the work includes primary source documents such as excerpts of important Supreme Court decisions accompanied by insightful analysis of how the religious exemption issue surfaced in modern American culture.

When the Levees Break: Re-Visioning Regulation of the Securities Markets

Kunz, Karen
HG4910 .K86 2017


The stock markets. Whether you invest or not, the workings of the stock market almost certainly touch your life. Either through your retirement fund, your mutual fund or just because you work for a place that invests (or is invested in) the reach of the securities markets is expanding, like an ever growing tidal wave. This book discusses what happens when that wave hits the shore. Specifically, this book argues that, given the mounting deluge from misplaced regulation, fast-paced technology, and dominant financial players, the current US regulatory structure is woefully inadequate to hold back the tide. Using vivid imagery and plain language, Karen Kunz and Jena Martin take the problems involved in regulating the complex world of securities head on. Examining everything from the rise of technology and the role of hedge funds to our bloated agency system, Kunz and Martin argue that the current structure is doomed to fail and, when it does, the consequences will be disastrous. Sending out a call to action, the authors also offer a bold vision for how to fix the mess we ve made not by tinkering around the edges but instead by building a whole new structure, one that can withstand the next storm that is sure to come.”

Why Punish?: An Introduction to the Philosophy of Punishment

Canton, Robert
K5103 .C365 2017


Why do we punish? Is it because only punishment can achieve justice for victims and ‘right the wrong’ of a crime? Or is it justified because it reduces crime, by deterring potential offenders, offering rehabilitative treatment to others and incapacitating the most dangerous? The complex answers to this enduring question vary across time and place, and are directly linked to people’s personal, cultural, social, religious and ethical commitments and even their sense of identity.

This unique introduction to the philosophy of punishment provides a systematic analysis of the themes of retribution, deterrence, rehabilitation, incapacitation and restorative justice. Integrating philosophical, sociological, political and ethical perspectives, it provides a thorough and wide-ranging discussion of the purposes, meanings and justifications of punishment for crime and the extent to which punishment does, could or should live up to what it claims to achieve.

Why Punish? challenges criminology and criminal justice students as well as policy makers, judges, magistrates and criminal justice practitioners to think more critically about the role of punishment and the moral principles that underpin it. Bridging abstract theory with the realities of practice, Rob Canton asks what better punishment would look like and how it can be achieved.

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This entry was posted on December 6, 2017 by in Announcements.

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