The paradox of punishment : reflections on the economics of criminal justice
著者
書誌事項
The paradox of punishment : reflections on the economics of criminal justice
Palgrave Macmillan, c2019
- : pbk
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
This book explores the insights that can be gained by looking at the criminal justice system from an economic point of view. It provides an economic analysis of the institutional structure and function of the criminal justice system, how its policies are formulated, and how they affect behavior. Yet it goes beyond an examination of specific policies to address the broad question of how law influences behavior. For example, it examines how concepts such as the possibility of redemption affect the decisions of repeat offenders, and whether individual responsibility is (or should be) a pre-requisite for punishment. Finally, the book argues that, in addition to the threat of criminal sanctions, law inculcates principles of acceptable behavior among citizens by asserting that certain acts are "against the law." This "expressive function" of law can influence behavior to the extent that at least some people in society are receptive to such a message. For these people, the moral content of law has more than mere symbolic value, and consequently, it can expand the scope of traditional law enforcement while lowering its cost. Another goal of the book is therefore to use economic theory to assess this dualistic function of law by specifically recognizing how its policies can both internalize an ethic of obedience to the law among some people irrespective of its consequences, while simultaneously threatening to punish those who only respond to external incentives.
目次
1. Prologue: The Paradox of PunishmentPart I: Competing Economic Theories of Crime2. The Social Cost of Crime: Deterrence3. Crime as Exchange: RetributionPart II: The Institutional Structure of Punishment4. Sentencing Guidelines and Judicial Discretion: Balancing Deterrence and Retribution5. Plea Bargaining: Negotiated JusticePart III: Other Objectives of Punishment6. Repeat Offenders: Marginal Deterrence and Redemption7. Individual versus Collective Responsibility: It Takes a Village8. The Limits of Punishment: Of Angels and Bad MenPart IV: Conclusion9: Epilogue: What Have We Learned?
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