UID:
almafu_9960117292902883
Umfang:
1 online resource (xi, 359 pages) :
,
digital, PDF file(s).
ISBN:
1-139-90487-6
,
1-139-91459-6
,
1-139-89893-0
,
1-139-90291-1
,
1-139-81187-8
,
1-139-90680-1
,
1-139-91851-6
,
1-139-91066-3
,
1-139-92240-8
Serie:
Cambridge studies in economics, cognition, and society
Inhalt:
Why do we punish, and why do we forgive? Are these learned behaviors, or is there something deeper going on? This book argues that there is indeed something deeper going on, and that our essential response to the killers, rapists, and other wrongdoers among us has been programmed into our brains by evolution. Using evidence and arguments from neuroscience and evolutionary psychology, Morris B. Hoffman traces the development of our innate drives to punish - and to forgive - throughout human history. He describes how, over time, these innate drives became codified into our present legal systems and how the responsibility and authority to punish and forgive was delegated to one person - the judge - or a subset of the group - the jury. Hoffman shows how these urges inform our most deeply held legal principles and how they might animate some legal reforms.
Anmerkung:
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
,
Cover; Half title; Series; Title; Copyright; Contents; Acknowledgments; Introduction; 1 The Most Original of Original Sins; The Social Problem: Cheat or Cooperate?; Our Natures Lost and Rediscovered; Culture: Our Small Groups Become Large; The Culture and Evolution of Law; The Problem of Property53; The Promising Animal: Homo exchangius; Two Solutions to The Social Problem; 2 Detecting and Blaming; Detecting Cheaters; Blaming Cheaters; Gradations of Harm; Gradations of Intent; Blame and Punishment; 3 First-Party Punishment: Conscience and Guilt; The Moral Animal; Empathy; Psychopaths33
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4 Second-Party Punishment: Retaliation and RevengeThe Avenging Animal; Self-Defense and Its Cousins; Angry Sentencing Judges: Are We Judging or Retaliating?; 5 Third-Party Punishment: Retribution; The Punishing Animal; Moving from Second- to Third-Party Punishment; Ostracism: "The Cold Shoulder Is Just a Step toward Execution"16; Punishment over Time: From Banishment and Back Again; The Roots of Responsibility, Excuse, and Justification; 6 Forgiveness and Its Signals; The Forgiving Animal; Apology; Atonement; The Problem of Repatriation; 7 Delegating Punishment
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Consensus Decisions: Bees, Monkeys, Judges, and JurorsTrial as Punishment; Non-Judge Non-Jury Traditions; The Golden Age of the English Jury; Modern Jurors as Punishers; 8 Legal Dissonances; The Naturalistic Fallacy: Mind the Gap; The Fallacy of the Naturalistic Fallacy18; Closing the Gap26; 9 Evaluating Some Process Dissonances; Blinking to Verdicts; Signal-to-Noise Problems: Storytelling; Unanimity and the Dilemma of Decision versus Deliberation; 10 Into the Gap: Evaluating Some Substantive Dissonances; Mental State Boundary Problems; The K/R Boundary; The P/K Boundary: The Knobe Effect
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Two No Intent Dissonances: The Felony-Murder Rule and Corporate Criminal LiabilityThe Felony-Murder Rule; Corporate Criminal Liability; Two No Harm Dissonances: Attempt and Conspiracy; Attempt; Conspiracy; Lessons from the Gap; 11 Brains Punishing Brains; The Punishment Ethos; A New (and Very Old) Way to Look at Punishment; Index
,
English
Weitere Ausg.:
ISBN 1-107-03806-5
Sprache:
Englisch
URL:
Volltext
(lizenzpflichtig)
URL:
https://doi.org/10.1017/CBO9781139811873
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