A theory of legal punishment : deterrence, retribution, and the aims of the state
Author(s)
Bibliographic Information
A theory of legal punishment : deterrence, retribution, and the aims of the state
(Routledge research in legal philosophy)
Routledge, 2021
- : hbk
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. [257]-291) and index
Description and Table of Contents
Description
This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state.
A central question in the philosophy of law is why the state's punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community's collective sense of resentment at being wronged.
This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory's advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
Table of Contents
Part I Defining Punishment
1 Crimes and Burdens
Part II Normative Foundations
2 Preserving the Public Order: A Defense of Consequentialism
3 The Rational and the Reasonable
4 Expressing Resentment: A Defense of Retributivism
5 The Two-Tiered Model of Punishment
Part III Three Arguments
6 The Epistemic Argument
7 The Compatibilist Argument
8 The Moral Argument
Part IV Decision Procedure
9 In Defense of Criminology
10 On Proportionality
11 Jury Nullification and Reflective Equilibrium
Part V Applications
12 Consequences of Capital Punishment
13 Retribution and Restorative Justice
by "Nielsen BookData"