By Trevor J. Saunders

This e-book assesses Plato's penal code in the culture of Greek penology. Saunders presents a close exposition of the emergence of the concept that of publicly managed, rationally calculated, and socially directed punishment within the interval among Homer and Plato. He outlines the intense debate that ensued within the 5th century over the competition through philosophers to renowned judicial assumptions, and indicates how the philosophical arguments progressively won floor. He demonstrates that Plato complicated the main radical of the philosophical formulations of the idea that of punishment in his Laws, arguing that punishment is or can be utilitarian and strictly reformative. this primary entire and certain research of Plato's penology supplies deserved awareness to the works of a most vital political and felony thinker.

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Extra info for Plato's Penal Code: Tradition, Controversy, and Reform in Greek Penology (Clarendon Paperbacks)

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Therefore the words were not actionable. So, in 1831 a stable position had been established for slander affecting the claimant’s business. Words imputing either the lack of some general requisite, or some kind of professional misconduct were actionable because their natural tendency was to cause a loss of employment. Unlike in libel, the emphasis was on losing work, not losing reputation, with the result that an actionable allegation of professional incapacity need not expose the claimant to ridicule.

It is difficult to see why malice should be the key analytical concept here. It was well established that proof of speaking the words raised a presumption of malice against the defendant. Such a presumption could be rebutted13 but it is incorrect to say that speaking defamatory words once ‘suggested no malice’; the opposite was true. Indeed, the reference to writing having ‘more malice’ suggested that Hale CB regarded spoken words as having some malice already. Furthermore, Kaye’s construction of the reasoning behind the decision interprets the phrase ‘general words’ as meaning words falling outside the recognised categories of words actionable without proof of damage.

In Virginia the assimilation was of libel to slander, a change not without academic support64. Although the first Virginian case on the point may have accomplished assimilation by accident65, a line of later cases has emphatically asserted that assimilation has taken place66. In one of the more recent decisions the Supreme Court of Virginia refused counsel’s invitation to overrule the earlier cases, saying that there was ‘no logical reason’67 to do so. It is hard to disagree. As a matter of logic applying the same rules to all cases of defamation, whether written or spoken, cannot be challenged.

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