Rejecting Retributivism : Free Will, Punishment, and Criminal Justice
Book Details
Format
Hardback or Cased Book
Book Series
Law and the Cognitive Sciences
ISBN-10
1108484700
ISBN-13
9781108484701
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Apr 29th, 2021
Print length
280 Pages
Weight
726 grams
Dimensions
15.90 x 23.60 x 3.00 cms
AI Summary
Ksh 19,600.00
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Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. This book argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical. It will interest philosophers, criminologists, forensic psychologists, and legal scholars.
Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of free will and moral responsibility needed to justify this view of punishment. While a number of alternatives to retributivism exist - including consequentialist deterrence, educational, and communicative theories - they have ethical problems of their own. Moving beyond existing theories, Caruso presents a new non-retributive approach called the public health-quarantine model. In stark contrast to retributivism, the public health-quarantine model provides a more human, holistic, and effective approach to dealing with criminal behavior.
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