Retributivism: Essays on Theory and Policy
Mark D. White
Abstract
This book offers analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than to serve some general social purpose such as deterrence or individual purpose such as rehabilitation of the criminal or the vengeance of the victim. The contemporary debate over retributivist punishment has become particularly vibrant in recent years, focusing increasingly on its political and economic as well as its philosophical aspects, and also on its practical ramifications i ... More
This book offers analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than to serve some general social purpose such as deterrence or individual purpose such as rehabilitation of the criminal or the vengeance of the victim. The contemporary debate over retributivist punishment has become particularly vibrant in recent years, focusing increasingly on its political and economic as well as its philosophical aspects, and also on its practical ramifications in addition to theoretical implications. The twelve chapters in this book, written by leading legal scholars and philosophers, cover a wide range of approaches, understandings, and applications of retributivism. The first part of the book deals with the basic concept of retributivism, such as how it should be understood, interpreted, and justified. The second part of the book delves more into the philosophical foundations of retributivism, focusing chiefly on Kant and Hegel as well as modern legal philosophers. The third and final part of the book discusses the practical implications of retributivism for policy and practices in criminal justice, including capital punishment, entrapment, the necessity defense, and sentencing of multiple offenders.
Keywords:
retributivism,
punishment,
justice,
right,
criminal law,
philosophy,
policy
Bibliographic Information
| Print publication date: 2011 |
Print ISBN-13: 9780199752232 |
| Published to Oxford Scholarship Online: May 2011 |
DOI:10.1093/acprof:oso/9780199752232.001.0001 |
