دانلود کتاب فلسفه جدید حقوق حقوق جزا(زبان اصلی)

It is always risky to say that one is doing anything “new” in philosophy, a
discipline that has been characterized as nothing more than a series of footnotes
to Plato. But it is precisely the ambition of this volume to stimulate
new thinking about the philosophy of criminal law. The realities of crime and
criminal justice in the Western world are changing, and it is appropriate for
theories trying to explain and assess these realities to change with them.
There is a genuine sense today that the criminal law and criminal justice
system are broken. To take only two of the more obvious examples, concerns
are now routinely raised (especially, though not solely, in the United States)
about the phenomena of “overcriminalization” and “mass incarceration.” For
the philosophy of criminal law, this means that theorizing about traditional
questions of “what makes a criminal law just?” and “what justifies punishment?”
is being done in the shadow of overcrowded prisons, frequently
abusive police tactics, and an ever-expanding net of criminal laws. It is a
system in which most defendants “plead out” rather than go to trial, and
where convicted offenders are subject to substantial legal restrictions well
after they have completed their sentences. What should our criminal law
theories say when the reality they purport to address has changed so dramatically,
and varies wildly from its own stated aims? How should the philosophy
of criminal law adjust?

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The New Philosophy of Criminal Law by Chad Flanders (editor), Zachary Hoskins (editor) (z-lib.org)