Rejecting Retributivism

Rejecting Retributivism

Author: Gregg D. Caruso

Publisher: Cambridge University Press

Published: 2021-04-29

Total Pages: 401

ISBN-13: 1108484700

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Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.


Retribution

Retribution

Author: Thom Brooks

Publisher: Routledge

Published: 2019-10-30

Total Pages: 407

ISBN-13: 1351903497

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Retribution is perhaps the most popular contemporary theory about punishment and has enjoyed enduring appeal as the oldest, even most venerable, penal theory with its strong ancient roots. Retribution is understood in many different ways, but the standard view of retribution is that punishment is justified where it is deserved and an offender should be punished in proportion to his desert. In this volume, retributivism is examined from various critical perspectives, including its diversity, relation with desert, the link between desert and proportionality, retributivist emotions and the idea of mercy. The theory of retribution has been the subject of a revival of interest in recent years and the essays selected for this volume are the leading works on retribution from the dominant international figures in the field.


Punishment and Retribution

Punishment and Retribution

Author: Leo Zaibert

Publisher: Routledge

Published: 2016-04-15

Total Pages: 237

ISBN-13: 131707324X

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Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.


Exacting Retribution

Exacting Retribution

Author: Nicky Testaforte

Publisher: Nicky Testaforte

Published: 2024-01-21

Total Pages: 151

ISBN-13:

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Prepare to embark on a gripping journey of vengeance and justice in "Exacting Retribution." This thrilling novel will keep you on the edge of your seat from the very first page, as you experience a violent early morning nightmare. Meet JD Kendall, a young boy who survived a horrifying home invasion that shattered his life. Left scarred and bereft of justice, he carries the weight of unsolved trauma into adulthood. But JD is not content to let anyone slip through the cracks of the legal system. Driven by a burning desire for retribution, JD assembles a team of skilled operatives, each with their own unique talents. Together, they embark on a daring mission to bring creative and poetic justice to those who have evaded punishment. With creative strategies and unwavering determination, they meticulously plan and execute their revenge, targeting the darkest corners of society. As you turn the pages of "Exacting Retribution," you will be thrust into a world where justice takes on a new, thrilling form. Each act of retribution is carefully designed to make the wrongdoers pay for their sins in ways they never anticipated. The stakes are high, the risks are great, but the justice is swift. "Exacting Retribution" will take you on a roller coaster ride of suspense, action, and moral dilemmas as you follow the relentless pursuit of justice by a group of unlikely heroes. Don't miss out on this electrifying tale of revenge, redemption, and the enduring power of the human spirit. "Exacting Retribution" will keep you hooked until the very last page, questioning the boundaries of right and wrong in the pursuit of justice. “Exacting Retribution II” picks up where we left off. Now the team is augmented by an NYPD Detective and a client who became an operative.


The Limits of Blame

The Limits of Blame

Author: Erin I. Kelly

Publisher: Harvard University Press

Published: 2018-11-12

Total Pages: 241

ISBN-13: 0674980778

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Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.


The Case Against Punishment

The Case Against Punishment

Author: Deirdre Golash

Publisher: NYU Press

Published: 2006-10

Total Pages: 229

ISBN-13: 0814731848

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Golash addresses the value of punishment in contemporary society.


Honor and Revenge: A Theory of Punishment

Honor and Revenge: A Theory of Punishment

Author: Whitley R.P. Kaufman

Publisher: Springer Science & Business Media

Published: 2012-08-28

Total Pages: 209

ISBN-13: 9400748450

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This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new “abolitionist” movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.​


Crimes of Punishment

Crimes of Punishment

Author: Theodore L. Dorpat

Publisher: Algora Publishing

Published: 2007

Total Pages: 306

ISBN-13: 087586564X

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This groundbreaking book by an award-winning psychoanalyst and forensic psychiatrist presents a comprehensive exploration of a timely but often taboo topic: the failure of punishment to deter crime and violence, an issue that affects us both individually and as a culture. Written at the culmination of the author s fifty-year career as a psychoanalyst, forensic psychologist and scholar, this wide-ranging work identifies the origins of violence and investigates the surprising consequences of punishment from a multitude of perspectives. In his treatment of the topic, Dr. Dorpat utilizes scienti.


A Theory of Legal Punishment

A Theory of Legal Punishment

Author: Matthew C. Altman

Publisher: Routledge

Published: 2021-05-05

Total Pages: 211

ISBN-13: 1000379345

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This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.