Бесплатный сервис Google позволяет мгновенно переводить слова, фразы и веб-страницы. Поддерживается более 100 языков. Дидактический материал для оформления доски на английском языке. английский язык онлайн. Преступление и наказание в свежем выпуске BigAppleSchool Podcast. Ведущие пытаются выяснить, что толкает людей на совершение преступлений, спорят над темой реабилитации преступников в обществе, а также приводят аргументы за и против смертной казни. How does "наказание нанесен" translate from russian to english: translations with transcription, pronunciation and examples in the online dictionary.
Crime and Punishment (Преступление и наказание). F. Dostoyevsky
По закону люди, совершившие преступления, должны быть наказаны, заключены в тюрьму или даже приговорены к смертной казни. Без наказания наша жизнь в обществе была бы менее безопасной, хотя иногда наказание бывает недостаточно строгим, по моему мнению. Штраф – Английское Словечко! 00:00:07 Lisan Lapa Soho. СМОТРЕТЬ. IMDb is the world's most popular and authoritative source for movie, TV and celebrity content. Find ratings and reviews for the newest movie and TV shows. Get personalized recommendations, and learn where to watch across hundreds of streaming providers. Study with Quizlet and memorize flashcards containing terms like buily, cheat, fight and more.
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Such punishments, therefore, and such a mode of inflicting them, ought to be chosen, as will make the strongest and most lasting impressions on the minds of others, with the least torment to the body of the criminal. The torture of a criminal during the course of his trial is a cruelty consecrated by custom in most nations. It is used with an intent either to make him confess his crime, or to explain some contradiction into which he had been led during his examination, or discover his accomplices, or for some kind of metaphysical and incomprehensible purgation of infamy, or, finally, in order to discover other crimes of which he is not accused, but of which he may be guilty. No man can be judged a criminal until he be found guilty; nor can society take from him the public protection until it have been proved that he has violated the conditions on which it was granted. What right, then, but that of power, can authorise the punishment of a citizen so long as there remains any doubt of his guilt? This dilemma is frequent. Either he is guilty, or not guilty. If guilty, he should only suffer the punishment ordained by the laws, and torture becomes useless, as his confession is unnecessary.
More examples below Это и есть наказание по текущему курсу. This is the punishment of the current rate. Провести расследование и обеспечить преследование и наказание виновных. Conduct investigations and prosecute and punish perpetrators. Согласно первому Посланию Божией Матери Наказание является условным и его можно отвратить. According to the first Message of Our Lady, the Chastisement is conditional and can be averted. Наказание за дезертирство… смерть. The penalty for desertion is death.
Years of dead end jobs and poor diet have made white, middle aged men very upset. Although a term of mockery, Gravy SEALs should be taken seriously, as they are deluded AND have access to copious amounts of arms, and plenty of just as delusional friends to back them up. They may be fat, unhealthy, conspiracy nuts, but they have real guns.
Ей пришлось стирать слезы с лица руками: этот момент попал на видео. При этом полицейский сохранил невозмутимость — он просто выполнял свою работу. В Сети сразу принялись обсуждать эмоциональный срыв Бюндхен. Неужели такой большой штраф?
Срочно нужно 5 наказаний на английском языке?
There is no punishment on apostasy. В нем нет наказания за вероотступничество. A person who steals deserves punishment. Тот, кто крадёт, заслуживает наказания. Incarceration remains an exceptional disciplinary punishment. Помещение в карцер остается исключительной мерой дисциплинарного наказания. You see, the punishment was working. Так что видите, наказание действовало.
Which is the most severe punishment? Что является наиболее тяжелым наказанием? This would be an administrative punishment.
Tl;dr - military wannabe LARPers , but with actual guns. Ex: Those guys are so spineless. They stamp and holler and threaten to send in their gravy SEALs, but then decide to cancel and whimper about it being unsafe.
It is used with an intent either to make him confess in his crime, or to explain some contradiction into which he had been led during his examination, or discover his accomplices, or for some kind of metaphysical and incomprehensible purgation of infamy, or, finally, in order to discover other crimes of which he is not accused of, but of which he may be guilty. No man can be judged a criminal until he is found guilty; nor can society take from him the public protection until it has been proved that he has violated the conditions on which it was granted. In the eye of the law, every man is innocent until his crime has been proved. Crimes are more effectually prevented by the certainty than the severity of punishment.
The more cruel the punishments become, the more hardened and insensible people turn to be. All severity is superfluous, and therefore tyrannical. The death penalty is pernicious to society, it is the example of barbarity. If the passions, or the necessity of war, have taught men to shed blood of their fellow creatures, the laws, which are intended to moderate the ferocity of mankind, should not increase it by examples of barbarity. It is even more horrible that this punishment is usually attended with formal pageantry.
Critics argue that punishment is simply revenge. Professor Deirdre Golash, author of The Case against Punishment: Retribution, Crime Prevention, and the Law, says: We ought not to impose such harm on anyone unless we have a very good reason for doing so. This remark may seem trivially true, but the history of humankind is littered with examples of the deliberate infliction of harm by well-intentioned persons in the vain pursuit of ends which that harm did not further, or in the successful pursuit of questionable ends. These benefactors of humanity sacrificed their fellows to appease mythical gods and tortured them to save their souls from a mythical hell, broke and bound the feet of children to promote their eventual marriageability, beat slow schoolchildren to promote learning and respect for teachers, subjected the sick to leeches to rid them of excess blood, and put suspects to the rack and the thumbscrew in the service of truth. They schooled themselves to feel no pity—to renounce human compassion in the service of a higher end. The deliberate doing of harm in the mistaken belief that it promotes some greater good is the essence of tragedy. We would do well to ask whether the goods we seek in harming offenders are worthwhile, and whether the means we choose will indeed secure them. But these are only the minimum harms, suffered by the least vulnerable inmates in the best-run prisons. Most prisons are run badly, and in some, conditions are more squalid than in the worst of slums. In the District of Columbia jail, for example, inmates must wash their clothes and sheets in cell toilets because the laundry machines are broken. But even inmates in prisons where conditions are sanitary must still face the numbing boredom and emptiness of prison life—a vast desert of wasted days in which little in the way of meaningful activity is possible.
Преступление и наказание. Лексика на английском.
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Death Penalty - Essay Samples And Topic Ideas For Free
Таким образом, выражение персональных мнений публично или в Интернете также может быть классифицировано как ложные новости или слухи. Это же касается обсуждения обязательного характера вакцинации от коронавируса. Фото: Pixabay.
Справедливое наказание — это наилучший способ сдерживания. This is cruel and unusual punishment. Crucifixion was a Roman method of punishment. Распятие было римским методом наказания. Punishment and examinations are seen as threats. Наказание и экзамены считаются угрозами.
Примеры употребления слов в разных контекстах предоставляются исключительно в лингвистических целях, т. Все образцы собраны автоматически из открытых источников с помощью технологии поиска на основе двуязычных данных. Если вы обнаружили орфографическую, пунктуационную или иную ошибку в оригинале или переводе, используйте опцию "Сообщить о проблеме" или напишите нам В этом разделе вы можете посмотреть, как употребляются слова и выражения в разных контекстах на реальных примерах. Все примеры собраны из уже переведенных текстов: официальных документов, сайтов, журналов и диалогов из фильмов. Раздел Контексты поможет в изучении английского, немецкого, испанского, русского и других языков.
Следовательно, должны быть выбраны такое наказания и такие способы нанесения их, которые произведут самые сильные и неизгладимые впечатления на умы других людей, с наименьшей мукой для преступника. Пытки преступника в ходе судебного процесса над ним являются жестоким освященным обычаем в большинстве стран. Они используются с намерением либо заставить его сознаться в своем преступлении, или объяснить какое-то противоречие, в ходе его рассмотрения, или открыть его сообщников, или для какого-то метафизического и непонятного очищения от позора, или, наконец, для того, чтобы обнаружить и другие преступления, по которым его не обвиняли, но в которых он может быть виновным. Ни один человек не может быть осужденным, пока он не был признан виновным, и не может общество забрать у него защиту, пока не было доказано, что он нарушил условия, на которых она была предоставлена. С точки зрения закона, каждый человек невиновен, пока преступление не было доказано.
Преступления более действенно предотвратить, чем быть уверенным в строгости наказания. В той же мере как наказания становились более жестокими, сознание людей ставало более закаленными и бесчувственным. Вся жесткость является лишней и, следовательно, тиранической. Смертная казнь является пагубной для общества, она дает пример варварства.
If the passions, or the necessity of war, have taught men to shed blood of their fellow creatures, the laws, which are intended to moderate the ferocity of mankind, should not increase it by examples of barbarity. It is even more horrible that this punishment is usually attended with formal pageantry. It is better to prevent crimes than to punish them. This should be the fundamental principle of any good legislation. Под справедливостью мы понимаем узы, которые необходимо сохраняют интересы людей объединенными, без которых люди вернутся в первоначальное состояние варварства. Все наказания, которые превышают необходимость сохранения этой связи, являются по своей природе несправедливыми.
Конечной целью наказания является не что иное, как предотвращение нанесения преступником нового вреда обществу, и препятствование подобных преступлений. Следовательно, должны быть выбраны такое наказания и такие способы нанесения их, которые произведут самые сильные и неизгладимые впечатления на умы других людей, с наименьшей мукой для преступника. Пытки преступника в ходе судебного процесса над ним являются жестоким освященным обычаем в большинстве стран.
Преступление и наказание. Лексика на английском.
Or kidnappers? In some countries capital punishment has been abolished. But it is still used in others. Different states use different methods of execution: the electric chair, gas chamber, injection of poison. In Russia, capital punishment still exists, but the parliament has started discussions about abolishing it. At one time capital punishment was used for many crimes offences. The Bible, for example, prescribed death for at least 30 crimes. During the Middle Ages capital punishment was especially popular. Burning alive, hanging, beheading, stoning to death, drawing and quartering were quite common in those dark years.
People disagree about whether capital punishment is moral or effective in preventing crime. The fear of death is more effective than the fear of prison.
This rate is highest for queer women and trans, non-binary, and gender non-conforming individuals Buist, 2020; Donohue et al. This known pathway clearly depicts a systemic issue—one that warrants attention and remediation.
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It coincides roughly with the story that Dostoevsky described in his letter to Katkov and, written in the form of a diary or journal, corresponds to what eventually became part 2 of the finished work. I took it back, and this revision of a large chapter cost me at least three new chapters of work, judging by the effort and the weariness; but I corrected it and gave it back.
Milyukov [17] Why Dostoevsky abandoned his initial version remains a matter of speculation. According to Joseph Frank, "one possibility is that his protagonist began to develop beyond the boundaries in which he had first been conceived". This shift was the culmination of a long struggle, present through all the early stages of composition. Frank says that he did not, as he told Wrangel, burn everything he had written earlier. Isolated and antisocial, he has abandoned all attempts to support himself and is brooding obsessively on a scheme he has devised to murder and rob an elderly pawnbroker. On the pretext of pawning a watch, he visits her apartment, but he remains unable to commit himself. Marmeladov tells him about his teenage daughter, Sonya, who has become a prostitute in order to support the family. The next day, Raskolnikov receives a letter from his mother in which she describes the problems of his sister Dunya, who has been working as a governess, with her ill-intentioned employer, Svidrigailov. To escape her vulnerable position, and with hopes of helping her brother, Dunya has chosen to marry a wealthy suitor, Luzhin, whom they are coming to meet in Petersburg.
Painfully aware of his own poverty and impotence, his thoughts return to his idea. A further series of internal and external events seem to conspire to compel him toward the resolution to enact it. He gains access by pretending he has something to pawn, and then attacks her with the axe, killing her. He also kills her half-sister, Lizaveta, who happens to stumble upon the scene of the crime. Due to sheer good fortune, he manages to escape the building and return to his room undetected. Part 2 edit In a feverish and semi-delirious state Raskolnikov conceals the stolen items and falls asleep exhausted. He is greatly alarmed the next morning when he gets summoned to the police station, but it turns out to be in relation to a debt notice from his landlady. When the officers at the bureau begin talking about the murder, Raskolnikov faints. He quickly recovers, but he can see from their faces that he has aroused suspicion.
Without knowing why, he visits his old university friend Razumikhin, who observes that Raskolnikov seems to be seriously ill. Finally he returns to his room where he succumbs to his illness and falls into a prolonged delirium. When he emerges several days later he finds that Razumikhin has tracked him down and has been nursing him. He angrily tells the others to leave as well, and then sneaks out himself. He looks for news about the murder, and seems almost to want to draw attention to his own part in it. He returns to the scene of the crime and re-lives the sensations he experienced at the time.
(наказание)
Study with Quizlet and memorize flashcards containing terms like buily, cheat, fight and more. The latest UK and world news, business, sport and comment from The Times and The Sunday Time. Translated in English by Constance Garnett. Роман «Преступление и наказание» на английском языке. Breaking news, live coverage, investigations, analysis, video, photos and opinions from The Washington Post. Subscribe for the latest on U.S. and international news, politics, business, technology, climate change, health and wellness, sports, science, weather, lifestyle and more.
Как будет "наказание" по-английски? Перевод слова "наказание"
О сервисе Прессе Авторские права Связаться с нами Авторам Рекламодателям Разработчикам. английский испанский французский португальский русский турецкий. Парламент Греции одобрил введение уголовного наказания за распространение фейковых новостей о коронавирусе, передает РИА «Новости». В поправках к существующей в УК Греции статье уточняется, что уголовное преследование предусмотрено за публикацию ложных. Штраф 2. Fine - Штраф 3. Ticket - Штрафной талон 4. Citation - Штрафное извещение 5. Warning - Предупреждение о штрафе 6. Traffic violation - Нарушение правил дорожного движения 7. Speeding - Превышение скорости 8. Parking fine. О сервисе Прессе Авторские права Связаться с нами Авторам Рекламодателям Разработчикам. lashing, seizing, L. Knight.
Греция вводит уголовное наказание за распространение ложной информации о коронавирусе
Capital punishment is the taking of a human life by a government in response to a crime committed by that convict. See arguments for and against. Владелец сайта предпочёл скрыть описание страницы. Получайте свежие новости от «Коммерсантъ UK» по электронной почте.
Тема "Преступления в нашем обществе" (Crime in our society)
Наказание и экзамены считаются угрозами. Примеры употребления слов в разных контекстах предоставляются исключительно в лингвистических целях, т. Все образцы собраны автоматически из открытых источников с помощью технологии поиска на основе двуязычных данных. Если вы обнаружили орфографическую, пунктуационную или иную ошибку в оригинале или переводе, используйте опцию "Сообщить о проблеме" или напишите нам В этом разделе вы можете посмотреть, как употребляются слова и выражения в разных контекстах на реальных примерах. Все примеры собраны из уже переведенных текстов: официальных документов, сайтов, журналов и диалогов из фильмов.
Раздел Контексты поможет в изучении английского, немецкого, испанского, русского и других языков. Здесь вы сможете найти примеры с фразовыми глаголами, устойчивыми выражениями и многозначными словами в разнообразных по стилю и тематикам текстах Примеры можно отсортировать по переводам и тематикам, а также сделать уточняющий поиск по найденным примерам. Изучайте иностранные языки, смотрите перевод миллионов слов и выражений, проверяйте их употребление на реальных примерах благодаря нашей технологии поиска на основе двуязычных данных! Приветствуем всех любителей польской культуры, истории и языка!
Мы рады сообщить вам, что наша команда постоянно работает над новыми направлениями перевода на основе искусственного интеллекта. Скоро н 01.
Мера воздействия на того, кто совершил проступок, преступление. Не пустили гулять в н. Заслуженное н. Тяжёлое н.
О ком чём н. Не ребёнок, а н.
So how do you define crime? Well, crime has to be against the law.
We have to set laws. So, yeah, a crime is an action that breaks a certain law. But then again, in this case, we have two terms because we have a crime and we have misdemeanor. Is it also a crime?
In America, yeah, in America you have felonies and misdemeanors. So these are degrees of seriousness of crimes. It is still a crime. Varya, what is considered a misdemeanor crime in America?
Well, there are many types of felony crimes that could be murder, it could be... Murder is a felony? Yeah, it is a felony crime, yeah. I thought a felony somewhere, you know, in the mid.
Like, not. Not so serious. Well, in Russian you have administrative crimes. I guess you can translate heavy crimes.
So misdemeanor crimes are things like jaywalking. So I was going to ask. What about..? Petty theft.
Petty theft or... Some misdemeanors can be stronger than others. So it just depends on state by state with that. Of course, in America, you have the federal level and the state level, and it depends what crime you commit.
Whereas if you commit a crime on the territory of a state, yeah. And then the crimes, the criminals would be treated differently depending on the state. Or even we have privatized prisons where someone actually owns prison. Same in England.
Which people can make money off from criminals. This company called G4S. But then there are things that are not on the law books yet. Or not standardized.
Domestic violence, animal abuse. I mean, a lot of women did not speak out against their husbands because there was no law. So there are kind of. But but then through activism, we could change laws.
And the job of the police, of course, is to enforce the law. Enforce means to make sure that the laws are followed and to apply punishments if required. Of course. But I mean, to detain, excuse me, to detain someone, not to punish people.
Yeah, to detain people if required. So, Ugur, what in Turkey? Do you have, like a similar system to America whereby you have misdemeanor crimes and felony crimes? Plus we have constitutional crimes.
And you need to be just, you need to be in a state that you have to take the constitutional law and court house. Kind of felony. So, same thing. Like a similar thing.
Well, even the different levels of murder we would have, what is a first degree murder... Second degree. If you really had a plan to do it. Yeah, premeditated.
That would be the highest. The passion and a be lesser degree. Wife kills the husband. Under the influence, the passion.
Because there is certain... Oh, affect that sounds like, yeah, alcohol. So in this, well, in Russian, for example, we have this sort of, okay, help me out with the term. So there is mitigating, you know, some sort of conditions which make the punishment harder.
What is the opposite to that something that makes the punishment less severe? Well, mitigating circumstances. Oh, mitigating is something that helps you to get...
See most famously Hart 1968, and Scheid 1997 for a sophisticated Hartian theory; on Hart, see Lacey 1988: 46—56; Morison 1988; Primoratz 1999: ch. For example, whereas Hart endorsed a consequentialist rationale for punishment and nonconsequentialist side-constraints, one might instead endorse a retributivist rationale constrained by consequentialist considerations punishment should not tend to exacerbate crime, or undermine offender reform, etc. Alternatively, one might endorse an account on which both consequentialist and retributivist considerations features as rationales but for different branches of the law: on such an account, the legislature determines crimes and establishes sentencing ranges with the aim of crime reduction, but the judiciary makes sentencing decisions based on retributivist considerations of desert M. Critics have charged that hybrid accounts are ad hoc or internally inconsistent see Kaufman 2008: 45—49. In addition, retributivists argue that hybrid views that integrate consequentialist rationales with retributivist side-constraints thereby relegate retributivism to a merely subsidiary role, when in fact giving offenders their just deserts is a or the central rationale for punishment see Wood 2002: 303. Also, because hybrid accounts incorporate consequentialist and retributivist elements, they may be subject to some of the same objections raised against pure versions of consequentialism or retributivism. For example, insofar as they endorse retributivist constraints on punishment, they face the thorny problem of explaining the retributivist notion of desert see s.
Even if such side-constraints can be securely grounded, however, consequentialist theories of punishment face the broadly Kantian line of objection discussed earlier s. Some have contended that punishment with a consequentialist rationale does not treat those punished merely as means as long as it is constrained by the retributivist prohibitions on punishment of the innocent and disproportionate punishment of the guilty see Walker 1980: 80—85; Hoskins 2011a. Still, a critic may argue that if we are to treat another with the respect due to her as a rational and responsible agent, we must seek to modify her conduct only by offering her good and relevant reasons to modify it for herself. Punishment aimed at deterrence, incapacitation, or offender reform, however, does not satisfy that demand. A reformative system treats those subjected to it not as rational, self-determining agents, but as objects to be re-formed by whatever efficient and humane techniques we can find. An incapacitative system does not leave those subjected to it free, as responsible agents should be left free, to determine their own future conduct, but seeks to preempt their future choices by incapacitating them. One strategy for dealing with them is to posit a two-step justification of punishment. The first step, which typically appeals to nonconsequentialist values, shows how the commission of a crime renders the offender eligible for, or liable to, the kinds of coercive treatment that punishment involves: such treatment, which is normally inconsistent with the respect due to us as rational agents or as citizens, and inconsistent with the Kantian means principle, is rendered permissible by the commission of the offence. The second step is then to offer positive consequentialist reasons for imposing punishment on those who are eligible for it or liable to it: we should punish if and because this can be expected to produce sufficient consequential benefits to outweigh its undoubted costs. Further nonconsequentialist constraints might also be placed on the severity and modes of punishment that can be permitted: constraints either flowing from an account of just what offenders render themselves liable to, or from other values external to the system of punishment.
We must ask, however, whether we should be so quick to exclude fellow citizens from the rights and status of citizenship, or whether we should not look for an account of punishment if it is to be justified at all on which punishment can still be claimed to treat those punished as full citizens. The common practice of denying imprisoned offenders the right to vote while they are in prison, and perhaps even after they leave prison, is symbolically significant in this context: those who would argue that punishment should be consistent with recognised citizenship should also oppose such practices; see Lippke 2001b; Journal of Applied Philosophy 2005; see also generally s. The consent view holds that when a person voluntarily commits a crime while knowing the consequences of doing so, she thereby consents to these consequences. This is not to say that she explicitly consents to being punished, but rather than by her voluntary action she tacitly consents to be subject to what she knows are the consequences. Notice that, like the forfeiture view, the consent view is agnostic regarding the positive aim of punishment: it purports to tell us only that punishing the person does not wrong her, as she has effectively waived her right against such treatment. The consent view faces formidable objections, however. First, it appears unable to ground prohibitions on excessively harsh sentences: if such sentences are implemented, then anyone who subsequently violates the corresponding laws will have apparently tacitly consented to the punishment Alexander 1986. A second objection is that most offenders do not in fact consent, even tacitly, to their sentences, because they are unaware either that their acts are subject to punishment or of the severity of the punishment to which they may be liable. For someone to have consented to be subject to certain consequences of an act, she must know of these consequences see Boonin 2008: 161—64. A third objection is that, because tacit consent can be overridden by explicit denial of consent, it appears that explicitly nonconsenting offenders could not be justifiably punished on this view ibid.
Others offer contractualist or contractarian justifications of punishment, grounded in an account not of what treatment offenders have in fact tacitly consented to, but rather of what rational agents or reasonable citizens would endorse. The punishment of those who commit crimes is then, it is argued, rendered permissible by the fact that the offender himself would, as a rational agent or reasonable citizen, have consented to a system of law that provided for such punishments see e. For versions of this kind of argument, see Alexander 1980; Quinn 1985; Farrell 1985, 1995; Montague 1995; Ellis 2003 and 2012. For criticism, see Boonin 2008: 192—207. For a particularly intricate development of this line of thought, grounding the justification of punishment in the duties that we incur by committing wrongs, see Tadros 2011; for critical responses, see the special issue of Law and Philosophy, 2013. One might argue that the Hegelian objection to a system of deterrent punishment overstates the tension between the types of reasons, moral or prudential, that such a system may offer. Punishment may communicate both a prudential and a moral message to members of the community. Even before a crime is committed, the threat of punishment communicates societal condemnation of an offense. This moral message may help to dissuade potential offenders, but those who are unpersuaded by this moral message may still be prudentially deterred by the prospect of punishment. Similarly, those who actually do commit crimes may be dissuaded from reoffending by the moral censure conveyed by their punishment, or else by the prudential desire to avoid another round of hard treatment.
Through its criminal statutes, a community declares certain acts to be wrong and makes a moral appeal to community members to comply, whereas trials and convictions can communicate a message of deserved censure to the offender. Thus even if a system of deterrent punishment is itself regarded as communicating solely in prudential terms, it seems that the criminal law more generally can still communicate a moral message to those subject to it see Hoskins 2011a. A somewhat different attempt to accommodate prudential as well as moral reasons in an account of punishment begins with the retributivist notion that punishment is justified as a form of deserved censure, but then contends that we should communicate censure through penal hard treatment because this will give those who are insufficiently impressed by the moral appeal of censure prudential reason to refrain from crime; because, that is, the prospect of such punishment might deter those who are not susceptible to moral persuasion. See Lipkin 1988, Baker 1992. For a sophisticated revision of this idea, which makes deterrence firmly secondary to censure, see von Hirsch 1993, ch. For critical discussion, see Bottoms 1998; Duff 2001, ch. For another subtle version of this kind of account, see Matravers 2000. It might be objected that on this account the law, in speaking to those who are not persuaded by its moral appeal, is still abandoning the attempt at moral communication in favour of the language of threats, and thus ceasing to address its citizens as responsible moral agents: to which it might be replied, first, that the law is addressing us, appropriately, as fallible moral agents who know that we need the additional spur of prudential deterrence to persuade us to act as we should; and second, that we cannot clearly separate the merely deterrent from the morally communicative dimensions of punishment — that the dissuasive efficacy of legitimate punishment still depends crucially on the moral meaning that the hard treatment is understood to convey. One more mixed view worth noting holds that punishment is justified as a means of teaching a moral lesson to those who commit crimes, and perhaps to community members more generally the seminal articulations of this view are H. Morris 1981 and Hampton 1984; for a more recent account, see Demetriou 2012; for criticism, see Deigh 1984, Shafer-Landau 1991.
But education theorists also take seriously the Hegelian worry discussed earlier; they view punishment not as a means of conditioning people to behave in certain ways, but rather as a means of teaching them that what they have done should not be done because it is morally wrong. Thus although the education view sets offender reform as an end, it also implies certain nonconsequentialist constraints on how we may appropriately pursue this end. Another distinctive feature of the moral education view is that it conceives of punishment as aiming to confer a benefit on the offender: the benefit of moral education. Critics have objected to the moral education view on various grounds, however. Some are sceptical about whether punishment is the most effective means of moral education. Others deny that most offenders need moral education; many offenders realise what they are doing is wrong but are weak-willed, impulsive, etc. Each of the theories discussed in this section incorporates, in various ways, consequentialist and nonconsequentialist elements. Whether any of these is more plausible than pure consequentialist or pure retributivist alternatives is, not surprisingly, a matter of ongoing philosophical debate. One possibility, of course, is that none of the theories on offer is successful because punishment is, ultimately, unjustifiable. The next section considers penal abolitionism.
Abolition and Alternatives Abolitionist theorising about punishment takes many different forms, united only by the insistence that we should seek to abolish, rather than merely to reform, our practices of punishment. Classic abolitionist texts include Christie 1977, 1981; Hulsman 1986, 1991; de Haan 1990; Bianchi 1994. An initial question is precisely what practices should be abolished. Some abolitionists focus on particular modes of punishment, such as capital punishment see, e. Davis 2003. Insofar as such critiques are grounded in concerns about racial disparities, mass incarceration, police abuses, and other features of the U. At the same time, insofar as the critiques are based on particular features of the U. By contrast, other abolitionist accounts focus not on some particular mode s of punishment, or on a particular mode of punishment as administered in this or that legal system, but rather on criminal punishment in any form see, e. The more powerful abolitionist challenge is that punishment cannot be justified even in principle. After all, when the state imposes punishment, it treats some people in ways that would typically outside the context of punishment be impermissible.
It subjects them to intentionally burdensome treatment and to the condemnation of the community. Abolitionists find that the various attempted justifications of this intentionally burdensome condemnatory treatment fail, and thus that the practice is morally wrong — not merely in practice but in principle. For such accounts, a central question is how the state should respond to the types of conduct for which one currently would be subject to punishment. In this section we attend to three notable types of abolitionist theory and the alternatives to punishment that they endorse. But one might regard this as a false dichotomy see Allais 2011; Duff 2011a. A restorative process that is to be appropriate to crime must therefore be one that seeks an adequate recognition, by the offender and by others, of the wrong done—a recognition that must for the offender, if genuine, be repentant; and that seeks an appropriate apologetic reparation for that wrong from the offender. But those are also the aims of punishment as a species of secular penance, as sketched above. A system of criminal punishment, however improved it might be, is of course not well designed to bring about the kind of personal reconciliations and transformations that advocates of restorative justice sometimes seek; but it could be apt to secure the kind of formal, ritualised reconciliation that is the most that a liberal state should try to secure between its citizens. If we focus only on imprisonment, which is still often the preferred mode of punishment in many penal systems, this suggestion will appear laughable; but if we think instead of punishments such as Community Service Orders now part of what is called Community Payback or probation, it might seem more plausible. This argument does not, of course, support that account of punishment against its critics.
A similar issue is raised by the second kind of abolitionist theory that we should note here: the argument that we should replace punishment by a system of enforced restitution see e. For we need to ask what restitution can amount to, what it should involve, if it is to constitute restitution not merely for any harm that might have been caused, but for the wrong that was done; and it is tempting to answer that restitution for a wrong must involve the kind of apologetic moral reparation, expressing a remorseful recognition of the wrong, that communicative punishment on the view sketched above aims to become. More generally, advocates of restorative justice and of restitution are right to highlight the question of what offenders owe to those whom they have wronged — and to their fellow citizens see also Tadros 2011 for a focus on the duties that offenders incur. Some penal theorists, however, especially those who connect punishment to apology, will reply that what offenders owe precisely includes accepting, undertaking, or undergoing punishment. A third alternative approach that has gained some prominence in recent years is grounded in belief in free will scepticism, the view that human behaviour is a result not of free will but of determinism, luck, or chance, and thus that the notions of moral responsibility and desert on which many accounts of punishment especially retributivist theories depend are misguided see s. As an alternative to holding offenders responsible, or giving them their just deserts, some free will sceptics see Pereboom 2013; Caruso 2021 instead endorse incapacitating dangerous offenders on a model similar to that of public health quarantines. Just as it can arguably be justified to quarantine someone carrying a transmissible disease even if that person is not morally responsible for the threat they pose, proponents of the quarantine model contend that it can be justified to incapacitate dangerous offenders even if they are not morally responsible for what they have done or for the danger they present. One question is whether the quarantine model is best understood as an alternative to punishment or as an alternative form of punishment. Beyond questions of labelling, however, such views also face various lines of critique. In particular, because they discard the notions of moral responsibility and desert, they face objections, similar to those faced by pure consequentialist accounts see s.
International Criminal Law and Punishment Theoretical discussions of criminal punishment and its justification typically focus on criminal punishment in the context of domestic criminal law. But a theory of punishment must also have something to say about its rationale and justification in the context of international criminal law: about how we should understand, and whether and how we can justify, the punishments imposed by such tribunals as the International Criminal Court. For we cannot assume that a normative theory of domestic criminal punishment can simply be read across into the context of international criminal law see Drumbl 2007. Rather, the imposition of punishment in the international context raises distinctive conceptual and normative issues. Such international intervention is only justified, however, in cases of serious harm to the international community, or to humanity as a whole. Crimes harm humanity as a whole, on this account, when they are group-based either in the sense that they are based on group characteristics of the victims or are perpetrated by a state or another group agent. Such as account has been subject to challenge focused on its harm-based account of crime Renzo 2012 and its claim that group-based crimes harm humanity as a whole A. Altman 2006. We might think, by contrast, that the heinousness of a crime or the existence of fair legal procedures is not enough. We also need some relational account of why the international legal community — rather than this or that domestic legal entity — has standing to call perpetrators of genocide or crimes against humanity to account: that is, why the offenders are answerable to the international community see Duff 2010.
For claims of standing to be legitimate, they must be grounded in some shared normative community that includes the perpetrators themselves as well as those on behalf of whom the international legal community calls the perpetrators to account. For other discussions of jurisdiction to prosecute and punish international crimes, see W. Lee 2010; Wellman 2011; Giudice and Schaeffer 2012; Davidovic 2015. Another important question is how international institutions should assign responsibility for crimes such as genocide, which are perpetrated by groups rather than by individuals acting alone. Such questions arise in the domestic context as well, with respect to corporations, but the magnitude of crimes such as genocide makes the questions especially poignant at the international level. Several scholars in recent years have suggested, however, that rather than focusing only on prosecuting and punishing members of the groups responsible for mass atrocities, it may sometimes be preferable to prosecute and punish the entire group qua group. A worry for such proposals is that, because punishment characteristically involves the imposition of burdens, punishment of an entire group risks inflicting punitive burdens on innocent members of the group: those who were nonparticipants in the crime, or perhaps even worked against it or were among its victims. In response to this concern, defenders of the idea of collective punishment have suggested that it need not distribute among the members of the group see Erskine 2011; Pasternak 2011; Tanguagy-Renaud 2013; but see Hoskins 2014b , or that the benefits of such punishment may be valuable enough to override concerns about harm to innocents see Lang 2007: 255. Many coercive measures are imposed even on those who have not been convicted, such as the many kinds of restriction that may be imposed on people suspected of involvement in terrorism, or housing or job restrictions tied merely to arrests rather than convictions. The legal measures are relevant for punishment theorists for a number of reasons, but here we note just two: First, at least some of these restrictive measures may be best regarded as as additional forms of punishment see Lippke 2016: ch.
For such measures, we must ask whether they are or can be made to be consistent with the principles and considerations we believe should govern impositions of punishment. Second, even if at least some measures are not best regarded as additional forms of punishment, we should ask what justifies the state in imposing additional coercive measures on those convicted of crimes outside the context of the punishment itself see Ashworth and Zedner 2011, 2012; Ramsay 2011; Ashworth, Zedner, and Tomlin 2013; Hoskins 2019: chs. For instance, if we regard punishment as the way in which offenders pay their debts to society, we can argue that it is at least presumptively unjustified for the state to impose additional burdensome measures on offenders once this debt has been paid. To say that certain measures are presumptively unjustified is not, of course, to establish that they are all-things-considered prohibited. Various collateral consequences — restrictions on employment or housing, for example — are often defended as public safety measures. We might argue see Hoskins 2019: ch. Public safety restrictions could only be justifiable, however, when there is a sufficiently compelling public safety interest, when the measures will be effective in serving that interest, when the measures will not do more harm than good, and when there are no less burdensome means of achieving the public safety aim. Even for public safety measures that meet these conditions, we should not lose sight of the worry that imposing such restrictions on people with criminal convictions but who have served their terms of punishment denies them the equal treatment to which they, having paid their debt, are entitled on this last worry, see, e. In addition to these formal legal consequences of a conviction, people with criminal records also face a range of informal collateral consequences, such as social stigma, family tensions, discrimination by employers and housing authorities, and financial challenges. These consequences are not imposed by positive law, but they may be permitted by formal legal provisions such as those that grant broad discretion to public housing authorities in the United States making admission decisions or facilitated by them such as when laws making criminal records widely accessible enable employers or landlords to discriminate against those with criminal histories.
There are also widely documented burdensome consequences of a conviction to the family members or loved ones of those who are convicted, and to their communities. These sorts of informal consequences of criminal convictions appear less likely than the formal legal consequences to constitute legal punishment, insofar as they are not intentionally imposed by the state but see Kolber 2012. Still, the informal collateral consequences of a conviction are arguably relevant to theorising about punishment, and we should examine when, if ever, such burdens are relevant to sentencing determinations on sentencing, see s. Further Issues A number of further important questions are relevant to theorising about punishment, which can only be noted here. First, there are questions about sentencing. Who should decide what kinds and what levels of sentence should be attached to different offences or kinds of offence: what should be the respective roles of legislatures, of sentencing councils or commissions, of appellate courts, of trial judges, of juries? What kinds of punishment should be available to sentencers, and how should they decide which mode of punishment is appropriate for the particular offence?
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