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John Gardner is the
Professor of Jurisprudence at the University of
Oxford,
and occasional Visiting Professor at Yale Law School
'[T]he safety of the people is not the supreme law' - Lord Hope in HM Treasury v
Ahmed and others [2010] UKSC 2
Kidscape/scapegoat.
'Michelle Elliott, founder of charity Kidscape, said she would be appealing for
the sentence to be increased.' I thought this must be a misprint.
Surely the founder of a charity supposedly interested in child
welfare said 'decreased'? But no. Apparently the 'victims [and
their families] need to have a clear 10 years'. Look how punitive
we have become, and (worse still) how socially acceptable
it has become to be punitive! Now even charities want to lock
'em up. How can it possibly qualify as charitable to favour
subjecting anyone, never mind 10- and 11-year olds, to more
incarceration, more state-sponsored brutalization? Even Amnesty International (I once supported
them because they campaigned for the release of prisoners) have
recently turned to agitating for more prisoners. They want less
impunity,
which is the same thing as more punishment. Where's the Amnesty in
that? And what's happened to the Kids in 'Kidscape'?
Or is it only there for the right kind of kids?
New
on my draft papers page: Part
1 of 'What is Tort Law For?'
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Get
my book Offences
and Defences: Selected Essays in the Philosophy
of Criminal Law (Oxford: OUP 2007)
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'Criminal theory has taken a giant
step forward with the publication of Offences
and Defences. This magnificent collection demonstrates
what can happen when an outstanding philosopher
turns his attention to the criminal law. For better
and for worse, criminal theory has been dominated
by legal theorists who are sympathetic to philosophical
methodologies but lack
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Gardner’s philosophical sophistication
and expertise. A finer collection of essays in criminal
law has not appeared since H.L.A. Hart’s Punishment
and Responsibility.' - Douglas Husak in The Oxford
Journal of Legal Studies 29 (2009), 169 at 187.
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reviews ...
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So now
get the second edition of H.L.A.
Hart's Punishment
and Responsibility: Essays in the Philosophy
of Law (Oxford: OUP 2008), to which I have
contributed a new critical introduction
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'Punishment and Responsibility is still regarded as one of the cornerstones
of both penal philosophy and the burgeoning field of criminal law theory in
Britain, Australia, Israel and North America. Its idea of criminal
responsibility ... is the inspiration for or counterpoint to almost all serious
scholarship in English in the field published over the last 35 years.' -
Nicola Lacey, A Life of H.L.A. Hart (Oxford: OUP 2004)
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The jacket photographs
for both books are by Gail Thorson.
Read Tony Honoré's introductory remarks
from the OUP launch party for the two books, which took place on
19 March 2008.
And read my memoir of Tony which was
written as part of a celebration, on 9 May 2008, of his 60 years
of teaching in Oxford.
Should the consequences of the
crime affect the punishment? Here's what I said at the
Oxford Jurisprudence Discussion Group on 4 June 2008 (3 episodes
of about 7 minutes each). Or you can watch the whole proceedings
on the
JDG website.
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home
page | biography
list of publications
draft papers
for download
recipes and web designs
contact information
legal
philosophy in oxford
oxford
centre for ethics &
phil of law
yale
center for law and philosophy
oxford
law
| philosophy
philpapers
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my
google books
baldovino | villa
bordoni
something
by my father
the
man in seat 61
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