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First book to expound a new theory that provides a rational foundation for the practice of punishment
Provides a moral defense of revenge in a way never before attempted
Gives a concise but systematic summary of the current state of the debate
Is written at a level that is accessible to researchers and practitioners alike, avoiding technical philosophical jargon or abstruse issues in philosophy
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.
Content Level »Research
Keywords »Crime and Punishment - Criminal Punishment - Is Punishment Justified? - Justice and Revenge - Law and Punishment - Punishment and Moral Philosophy - Punishment as Crime Prevention - Punishment, Honor, and Revenge - Retribution and Justice - Retributive Theory of Punishment - Revenge as the Defense of Honor - Revenge versus Retribution - The Problem of Punishment
Chapter One: The Problem of Punishment.- Chapter Two: Punishment as Crime Prevention.- Chapter Three: Can Retributive Punishment Be Justified?.- Chapter Four: The Mixed Theory of Punishment.- Chapter Five: Retribution and Revenge.- Chapter Six: What Is The Purpose of Retribution?.- Chapter Seven: Making Sense of Honor.- Chapter Eight: Is Punishment Justified?.- Index.