NCJ Number
108458
Date Published
1987
Length
175 pages
Annotation
Based on a systematic survey of recent literature, this book examines philosophical theories of punishment rooted in both abstract arguments and factual evidence about the effects of punishing offenders.
Abstract
The moral justification for punishment by the state is linked to more general issues pertaining to the nature of moral disagreements and citizens' obligation to obey the law. The discussion focuses on problems regarding the punishment of a variety of offender types, including those who are mentally ill, dangerous, Nazi war criminals, 'negligent' rapists and drivers, and who cause harm without being at fault. Also considered are whether the criminal law's proper function is to prevent socially harmful acts or to punish offenders, the rationale for legal excuses, and whether punishment should be replaced by some form of offender treatment. The book concludes with an examination of utilitarian and retributive principles for determining the appropriate degree of punishment, followed by brief comments on sentencing practice. The author adopts a pluralist approach to punishment, believing that punishment involves a variety of considerations, each not reducible to the others and each contributing to the aims of punishment. A 126-item bibliography and subject index. (Publisher summary modified)