NCJ Number
143921
Date Published
1992
Length
268 pages
Annotation
This book develops a theory of punishment based in the view that the central function of law is to reduce the need to use force in the resolution of disputes.
Abstract
The author first examines the traditional philosophical accounts of punishment with a view to discovering why they have failed to provide an adequate basis for designing a coherent and humane approach to sentencing and corrections. This is followed by a discussion of the function of law and the nature of legal obligation with the aim of discovering the basic principles that ought to guide law enforcement. The author argues that the function of law is to reduce justified recourse to violence in the resolution of disputes. Understanding the implications of this for coercing compliance with the law allows the construction of a theory of punishment built on principles common to policing, adjudication, sentencing, and corrections. The proposed conflict resolution model of sentencing requires that sentences reflect the offense and that sentences be individualized to reflect the needs of the victim, the wider public, and the offender. Under this model, the legal system would show both mercy and accountability, as it attempts to understand the needs of those who have come into conflict with the law and seeks nondestructive solutions to the problems criminal activity creates. Chapter notes, a 126- item bibliography, and a subject index