Criminal Responsibility and Social ConstraintScribner, 1912 - 339 pagina's |
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¹ Cf ¹Cf abnormal absolutely absurd according action actus reus affliction agent animal antecedent behavior causation cause character choice committed conduct consciousness crime criminal criminal anthropologist criminal law deed depends desire determined determinist deterrent deterrent theory diseased doctrine effect efficacious Ethics evil existence expiation external fact feeling force free-will free-willist freedom future guilty Guyau harm heredity human idea ideal impulse individual inflicted influence injury insane ishment judge justice justified liberty man's means mens rea ment mental mind moral law moral responsibility motives murder natural laws necessary necessity noumena object offender pain penal penalty Penology person physical Plato possible present principle prison produce protection punishment punitive reason reformation regard restrain result retribution retributive justice Schopenhauer sense simply social utility society Spinoza sponsibility suffering tendencies theory thing tion tive treatment vengeance volition Westermarck wrong wrong-doing wrongdoer
Populaire passages
Pagina 202 - By liberty, then, we can only mean a power of acting or not acting according to the determinations of the will; that is, if we choose to remain at rest, we may; if we choose to move, we also may.
Pagina 158 - Necessity is simply this: that, given the motives which are present to an individual's mind, and given likewise the character and disposition of the individual, the manner in which he will act might be unerringly inferred: that if we knew the person thoroughly, and knew all the inducements which are acting upon him, we could foretell his conduct with as much certainty as we can predict any physical event.
Pagina 90 - The treatment of criminals by society is for the protection of society. But since such treatment is directed to the criminal rather than to the crime, its great object should be his moral regeneration. Hence the supreme aim of prison discipline is the reformation of criminals, not the infliction of vindictive suffering.
Pagina 43 - A seventh is, that in revenges (that is, retribution of evil for evil) men look not at the greatness of the evil past, but the greatness of the good to follow. Whereby we are forbidden to inflict punishment with any other design, than for correction of the offender, or direction of others. For this law is consequent to the next before it, that commands pardon, upon security of the future time.
Pagina 162 - ... nature's laws and ordinances, whereby all things come to pass and change from one form to another, are everywhere and always the same; so that there should be one and the same method of understanding the nature of all things whatsoever, namely, through nature's universal laws and rules.
Pagina 268 - No act is a crime if the person who does it is, at the time when it is done, prevented, either by defective mental power, or by any disease affecting his mind...
Pagina 22 - Punishment is punishment only when it is deserved. We pay the penalty, because we owe it, and for no other reason; and if punishment is inflicted for any other reason whatever than because it is merited by wrong, it is a gross immorality, a crying injustice, an abominable crime, and not what it pretends to be.
Pagina 262 - But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman ; the ox shall be stoned, and his owner also shall be put to death.
Pagina 153 - For what is meant by these words, by which ? Had it been said, that a cause is that after which any thing constantly exists ; we should have understood the terms. For this is, indeed, all we know of the matter. And this constancy forms the very essence of necessity, nor have we any other idea of it.
Pagina 224 - The other kind, Modified Fatalism I Will call it, holds that our actions are determined by our will, our will by our desires, and our desires by the joint influence of the motives presented to us and of our individual character...