Why Punish?
Nigel Walker(Author)
Oxford University Press
Published on 8. August 1991
Book
Hardback
182 pages
978-0-19-219240-0 (ISBN)
Description
In this look at justifications for punishment, the author encourages people to take an "amphibian" approach to the issues: to walk on dry land and look at the realities of sentencing and to swim in the deep waters, where moral philosophers lurk, exploring the fundamental concerns. He argues that the modern retributive theory of punishment has not solved the problems of the classical utilitarian approach and has indeed created new ones of its own. Having researched these problems and discussed them with judges, magistrates, jurists, philosophers and prisoners, he distinguishes rhetoric from hard reasoning and shows that attempts at intellectual compromises between utilitarians and retributivists do not stand up to close examination. The book also deals with aspects normally left to theologians, such as remorse and forgiveness, and with the humanitarian movement.
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Professional and scholarly
Illustrations
bibliography, index
Dimensions
Height: 216 mm
Width: 138 mm
Weight
361 gr
ISBN-13
978-0-19-219240-0 (9780192192400)
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Schweitzer Classification
Content
Introduction: justifying sentences. Part 1 Utilitarian aims: deterring others; educating or satisfying others; elimination and incapacitation; correction. Part 2 Moral objections: human sacrifices?; the sacrosanct personality. Part 3 Retributivism: blaming and excusing?; justifying retribution; a rule-explanation?; the negative principle; commensurability and proportionality; unintended punishment; reparation, repentance, forgiveness and mercy. Part 4 Attempts to compromise: jigsaw, eclectic and hybrid compromises; humanitarian limits; why compromise?; the argument.