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Justifying Legal Punishment

Justifying Legal Punishment
Author: Igor Primoratz
Publisher: Prometheus Books
Total Pages: 210
Release: 1997-11
Genre: Law
ISBN: 159102983X

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While the philosophy of punishment is dominated by utilitarian and "mixed" theories, this study, written in the analytic tradition but also drawing on the views of Hegel, argues for a purely retributive view: all the main questions facing a theory of punishment are answered in terms of justice and desert, without any concessions to social expediency.


The Problem of Punishment

The Problem of Punishment
Author: David Boonin
Publisher: Cambridge University Press
Total Pages:
Release: 2008-04-14
Genre: Philosophy
ISBN: 1139470787

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In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.


Rejecting Retributivism

Rejecting Retributivism
Author: Gregg D. Caruso
Publisher: Cambridge University Press
Total Pages: 401
Release: 2021-04-29
Genre: Law
ISBN: 1108484700

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Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.


Rights Forfeiture and Punishment

Rights Forfeiture and Punishment
Author: Christopher Heath Wellman
Publisher: Oxford University Press
Total Pages: 241
Release: 2017
Genre: Law
ISBN: 019027476X

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In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.


The Rationale of Legal Punishment

The Rationale of Legal Punishment
Author: Edmund L. Pincoffs
Publisher:
Total Pages: 164
Release: 1966
Genre: Social Science
ISBN:

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Honor and Revenge: A Theory of Punishment

Honor and Revenge: A Theory of Punishment
Author: Whitley R.P. Kaufman
Publisher: Springer Science & Business Media
Total Pages: 209
Release: 2012-08-28
Genre: Philosophy
ISBN: 9400748450

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This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new “abolitionist” movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.​


Punishment

Punishment
Author: A. John Simmons
Publisher: Princeton University Press
Total Pages: 348
Release: 2022-02-08
Genre: Philosophy
ISBN: 0691241856

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The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag.


Crime and Punishment

Crime and Punishment
Author: Hyman Gross
Publisher: Oxford University Press
Total Pages: 238
Release: 2012-01-12
Genre: Law
ISBN: 0199644713

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Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.