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Lehrende: Dr. Costanza Porro
Veranstaltungsart:
Proseminar
Anzeige im Stundenplan:
Semesterwochenstunden:
2
Credits:
3,0
Unterrichtssprache:
Englisch
Min. | Max. Teilnehmerzahl:
1 | 28
Kontingentschema: Phil_Standard_WS1415
Weitere Informationen:
Für den erfolgreichen Besuch dieser Veranstaltung im Rahmen des Fachspezifischen Wahbereichs werden 3 LP angerechnet.
Kommentare/ Inhalte:
Criminal punishment is a paradigmatic exercise of state power which involves a considerable level of coercion on the part of the state and suffering for those subjected to it and therefore gives rise to many problems and questions, which will be explored in this course, by looking primarily but not exclusively at the literature in the analytic tradition.
Firstly, we will look at the justification of punishment, the question of what is the purpose of criminal punishment and why the state is justified in having this power. Is the aim of punishment to deter people from committing crime and reduce the number of overall crimes? Or is punishment justified because those who commit criminal wrongs deserve to be punished? What is the role of rehabilitation in a theory of punishment? In exploring the different aims of punishment, we will look at the most influential theoretical approaches to its justification, paying particular attention to communicative theories, which argue that punishment is justified as a form of communication with the offender and society at large, and the role they assign to moral censure and blame in criminal punishment.
Secondly, we will look at the issue of which types of punishment the state is justified in adopting. Our main focus will be the justification of incarceration, in the attempt to determine whether the legitimate criticisms moved to this type of punishment are mainly grounded in its uses and abuses in the real world and incarceration can in principle be defended or prisons should instead be abolished.
Thirdly, we will reflect on the problem of criminalisation and its limits, looking at the question of which sort of acts the state is permitted and has reasons to criminalise.
During this course, we will also explore some critical approaches to the legitimacy of criminal punishment, starting from Foucault’s seminal contribution in Discipline and Punishment. We will look at restorative justice, which offers an alternative approach to crime and its resolution focused on the restoration of moral relationships raptured by the crime committed, as well as abolitionist theories, which argue that the criminal justice system should not simply be reformed but abolished in some of its part or in its entirety.
Finally, we will also explore the connection between poverty and crime and the disproportionate impact that the criminal justice system has on marginalised groups, reflecting on what should be the implications of existing injustices, often resulting from state action or neglect, on our theorising on criminal punishment.
Literatur:
Ben-Moshe, Liat. 2013. ‘The Tension between Abolition and Reform’. In The End of Prisons: Reflections from the Decarceration Movement, edited by Mechthild Nagel and Anthony J. Nocella, 83–92. Amsterdam: Brill Rodopi.
Bennett, Christopher. 2008. The Apology Ritual: A Philosophical Theory of Punishment. Cambridge: Cambridge University Press.
———. 2016. ‘Penal Disenfranchisement’. Criminal Law and Philosophy 10 (3): 411–25. https://doi.org/10.1007/s11572-014-9316-3.
Braithwaite, John. 2002. Restorative Justice & Responsive Regulation. Oxford; New York: Oxford University Press.
Braithwaite, John, and Philip Pettit. 2002. Not Just Deserts: A Republican Theory of Criminal Justice. Oxford: Clarendon Press.
Cholbi, Michael J. 2002. ‘A Felon’s Right to Vote’. Law and Philosophy 21 (4/5): 543. https://doi.org/10.2307/3505059.
Davis, Angela. 2011. Are Prisons Obsolete? New York: Seven Stories Press.
Duff, Anthony. 1998. ‘Inclusion and Exclusion: Citizens, Subjects and Outlaws’. Current Legal Problems 51 (1): 241–66. https://doi.org/10.1093/clp/51.1.241.
Duff, Antony. 2003. Punishment, Communication, and Community. 1. issued as an Oxford Univ. Press paperback. Studies in Crime and Public Policy. Oxford: Oxford Univ. Press.
———. 2010. ‘Blame, Moral Standing and the Legitimacy of the Criminal Trial’. Ratio 23 (2): 123–40. https://doi.org/10.1111/j.1467-9329.2010.00456.x.
Duff, R A, Lindsay Farmer, S E Marshall, Massimo Renzo, and Victor Tadros, eds. 2014. Criminalization: The Political Morality of the Criminal Law. Oxford University Press. https://doi.org/10.1093/acprof:oso/9780198726357.001.0001.
Dzur, Albert W., Ian Loader, and Richard Sparks, eds. 2016. Democratic Theory and Mass Incarceration. First edition. Oxford?; New York: Oxford University Press.
Feinberg, Joel. 1965. ‘The Expressive Function of Punishment’: Monist 49 (3): 397–423. https://doi.org/10.5840/monist196549326.
Foucault, Michel. 1995. Discipline and Punish: The Birth of the Prison. 2nd Vintage Books ed. New York: Vintage Books.
Framer, Lindsay. 2017. ‘Censure: Moral and Sociological’. In Social Censure and Critical Criminology: After Sumner, edited by Colin Sumner, 47–65. London: Palgrave Macmillan.
Hudson, Barbara. 1998. ‘Restorative Justice: The Challenge of Sexual and Racial Violence’. Journal of Law and Society 25 (2): 237–56. https://doi.org/10.1111/1467-6478.00089.
Husak, Douglas N. 2009. Overcriminalization: The Limits of the Criminal Law. Oxford: Oxford University Press.
Kelly, Erin. 2018. The Limits of Blame: Rethinking Punishment and Responsibility. Cambridge, Mass.: Harvard University Press.
Lacey, Nicola. 2011. ‘The Resurgence of Character: Responsibility in the Context of Criminalization’. In Philosophical Foundations of Criminal Law, edited by R.A. Duff and Stuart Green, 151–78. Oxford: Oxford University Press. https://doi.org/10.1093/acprof:oso/9780199559152.003.0008.
Lacey, Nicola, and Hanna Pickard. 2012. ‘From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm’. Oxford Journal of Legal Studies 33 (1): 1–29. https://doi.org/10.1093/ojls/gqs028.
———. 2015. ‘To Blame or to Forgive? Reconciling Punishment and Forgiveness in Criminal Justice’. Oxford Journal of Legal Studies 35 (4): 665–96. https://doi.org/10.1093/ojls/gqv012.
Lippke, Richard L. 2007. Rethinking Imprisonment. Oxford?; New York: Oxford University Press.
Tadros, Victor. 2009. ‘Poverty and Criminal Responsibility’. The Journal of Value Inquiry 43 (3): 391–413. https://doi.org/10.1007/s10790-009-9180-x.
———. 2016. Wrongs and Crimes. First edition. Criminalization Series. Oxford, United Kingdom: Oxford University Press.
Walker, Margaret Urban. 2006. Moral Repair: Reconstructing Moral Relations after Wrongdoing. Cambridge: Cambridge University Press. https://doi.org/10.1017/CBO9780511618024.
Whitman, James Q. 2003. ‘A Plea Against Retributivism’. Buffalo Criminal Law Review 7 (1): 85–107. https://doi.org/10.1525/nclr.2003.7.1.85.
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