The Sense of Justice
Empathy in Law and Punishment
By (author) Markus Dirk Dubber
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Sense of Justice by Markus Dirk Dubber
Book DescriptionIn The Sense of Justice, distinguished legal author Markus Dirk Dubber undertakes a critical analysis of the "sense of justice": an overused, yet curiously understudied, concept in modern legal and political discourse. Courts cite it, scholars measure it, presidential candidates prize it, eulogists praise it, criminals lack it, and commentators bemoan its loss in times of war. But what is it? Often, the sense of justice is dismissed as little more than an emotional impulse that is out of place in a criminal justice system based on abstract legal and political norms equally applied to all. Dubber argues against simple categorization of the sense of justice. Drawing on recent work in moral philosophy, political theory, and linguistics, Dubber defines the sense of justice in terms of empathy-the emotional capacity that makes law possible by giving us vicarious access to the experiences of others. From there, he explores the way it is invoked, considered, and used in the American criminal justice system. He argues that this sense is more than an irrational emotional impulse but a valuable legal tool that should be properly used and understood.
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Book DetailsISBN: 9780814719732
(5830mm x 3895mm x 19mm)
Imprint: New York University Press
Publisher: New York University Press
Publish Date: 1-Oct-2006
Country of Publication: United States
Books By Author Markus Dirk Dubber
Victims in the War on Crime, Paperback (January 2006)
The first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime.
Police Power, Paperback (August 2005)» View all books by Markus Dirk Dubber
This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police-the most expansive and least limitable of governmental powers-by focusing on its most obvious and problematic manifestation: criminal law.
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Author Biography - Markus Dirk Dubber
Markus Dirk Dubber is Professor of Law at the University of Toronto. His many books include Victims in the War on Crime: The Use and Abuse of Victims' Rights (NYU Press, 2002).
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