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The Palgrave Handbook on the Philosophy of Punishment

Edited by: Matthew C. Altman

ISBN13: 9783031118739
Publisher: Palgrave Macmillan
Country of Publication: Switzerland
Format: Hardback
Price: £159.99




Also available as
£179.50

This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field's leading scholars.

Key features:

  • Presents a history of punishment theory from ancient times to the present
  • Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model
  • Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state
  • Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment
  • Considers forgiveness, restorative justice, and calls to abolish punishment
  • Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and "cruel and unusual" punishment

With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.

Subjects:
Jurisprudence
Contents:
1. Introduction: Punishment, Its Meaning and Justification; Matthew C. Altman
Part I: Philosophic History of Punishment Theory
2. The Philosophy of Punishment and the Arc of Penal Reform: From Ancient Lawgivers to the Renaissance and the Enlightenment, and through the Nineteenth Century; John D. Bessler
3. A Return to Hobbes: Reflections on Legal Positivism and the Point of Punishment; Margaret Martin
4. Is Crime Caused by Illness, Immorality, or Injustice? Theories of Punishment from 1900 to Today; Amelia M. Wirts
Part II: Retributivism, Consequentialism, and Mixed Theories
5. Relational Conceptions of Retribution; Leora Dahan Katz
6. Doubts about Retribution: Is Punishment Non-Instrumentally Good or Right?; Isaac Wiegman
7. Consequentialist Theories of Punishment; Hsin-Wen Lee
8. Rethinking Four Criticisms of Consequentialist Theories of Punishment; Christopher Bennett
9. In Defense of a Mixed Theory of Punishment; Matthew C. Altman
10. Rethinking Mixed Justifications; Leo Zaibert
Part III: Beyond the Traditional Approaches
11. Expressive Theories of Punishment; Bill Wringe
12. Justifying Criminal Punishment as Societal-Defense; Phillip Montague
13. Fair Play Theories of Punishment; Goeran Duus-Otterstroem
14. The Rights-Forfeiture Theory of Punishment; Whitley Kaufman
Part IV: Punishment in the Political Context
15. Criminal Justice and the Liberal State; Matt Matravers
16. From the Philosophy of Punishment to the Philosophy of Criminal Justice; Javier Wilenmann and Vincent Chiao
17. Beware of Prosecutors Bearing Gifts: How the Ancient Greeks Can Help Cure Our Addiction to Excessive Punishment; Clark M. Neily III and Chris W. Surprenant
Part V: Proportionality and Sentencing
18. Proportionality Collapses: The Search for an Adequate Equation for Proportionality; Stephen Kershnar
19. Sentencing Pluralism; Douglas Husak
Part VI: Neuroscience, Determinism, and Free Will Skepticism
20. The Impact of Neuromorality on Punishment: Retribution or Rehabilitation?; Sandy Xie, Colleen M. Berryessa, and Farah Focquaert
21. Punishment without Blame, Shame, or Just Deserts; Bruce N. Waller
22. Retributivism, Free Will, and the Public Health-Quarantine Model; Gregg D. Caruso
23. Do Rapists Deserve Criminal Treatment?; Katrina L. Sifferd
24. Free Will Skepticism and Criminals as Ends in Themselves; Benjamin Vilhauer
Part VII: Abolitionism
25. Against Legal Punishment; Nathan Hanna.- 26. The Abolition of Punishment; Michael Davis
Part VIII: Forgiveness and Restoration
27. Punishment and Forgiveness; John Kleinig
28. Restorative Justice, Punishment, and the Law; Lode Walgrave
29. Punitive Restoration; Thom Brooks
Part IX: Applications
30. Mass Incarceration as Distributive Injustice; Benjamin Ewing
31. Blaming Kids; Craig K. Agule
32. Punitive Torture; Peter Brian Barry
33. The Justice of Capital Punishment; Edward Feser
34. The Impermissibility of Execution; Benjamin S. Yost
35. Cruel and Unusual Punishment; Chad Flanders