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Why Punish? How Much?

A Reader on Punishment

Paperback Engels 2011 9780195328868
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Punishment is a complex human institution. It has normative, political, social, psychological, and legal dimensions, and ways of thinking about each of them change over time. For this reader on punishment, Michael Tonry, a leading authority in the field, has composed a comprehensive collection of 28 essays ranging from classic and contemporary writings on normative theories by philosophers and penal theorists to writings on restorative justice, on how people think about punishment, and on social theories about the functions punishment performs in human societies.

This volume includes an accessible, non-technical introduction on the development of punishment theory, as well as an introduction and annotated bibliography for each section. The readings cover foundational traditions of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, as well as mixed approaches that attempt to link theory and policy. It follows the evolution and development of thinking about punishment spanning from writings by classical theorists such as Kant and Hegel to recent developments in the behavioral and medical sciences for thinking about punishment. The result is a collection of empirically-informed efforts to explain what punishment does that should spark contemplation and debate about why and how punishment is carried out.


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Introduction: Thinking about Punishment, Michael Tonry

Part I. Classical Theories
Introduction to Part I
1. The Penal Law and the Law of Pardon: Immanuel Kant
2. Wrong [Das Unrecht]: G.W.F. Hegel
3. The Utilitarian Theory of Punishment: Jeremy Bentham
4. Principles of a Rational Penal Code: Sheldon Glueck
5. The Humanitarian Theory of Punishment: C.S. Lewis
6. Legal Values and the Rehabilitative Ideal: Francis Allen

Part II. Retributive Theories
Introduction to Part II
7. The Expressive Function of Punishment: Joel Feinberg
8. Marxism and Retribution: Jeffrey Murphy
9. A Paternalist Theory of Punishment: Herbert Morris
10. Punishment and the Rule of Law: T.M. Scanlon
11. Penance, Punishment, and the Limits of Community: R.A. Duff

Part III. Mixed Theories
Introduction to Part III
12. Prolegomenon to the Principles of Punishment: H.L.A. Hart
13. Proportionate Sentences: A Desert Perspective: Andrew von Hirsch
14. Proportionality, Parsimony, and Interchangeability of Punishments: Michael Tonry
15. Sentencing and Punishment in Finland: The Decline of the Repressive Ideal: Tapio Lappi-Seppälä
16. Limiting Retributivism: Richard Frase
17. Limiting Excessive Prison Sentencing: Richard Frase

Part IV. Emotion, Intuition, Determinism, and Punishment
Introduction to Part IV
18. Morality and the Retributive Emotions: J.L. Mackie
19. The Role of Moral Philosophers in the Competition between Deontological and Empirical Desert: Paul H. Robinson
20. For the Law, Neuroscience Changes Nothing and Everything: Joshua Greene and Jonathan Cohen

Part V. Restorative Theories
Introduction to Part V
21. Restoration in Youth Justice: Lode Walgrave
22. In Search of Restorative Jurisprudence: John Braithwaite
23. The Virtues of Restorative Processes, the Vices of 'Restorative Justice': Paul H. Robinson
24. Restorative Punishment and Punitive Restoration: R.A. Duff

Part VI. Functionalist Theories
Introduction to Part VI
25. From Slavery to Mass Incarceration: Rethinking the 'Race Question' in the US: Loïc Wacquant
26. Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice: Georg Rusche
27. Rules for the Distinction of the Normal from the Pathological: Emile Durkheim
28. The Carceral: Michel Foucault

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