
Punishment, Communication, and Community
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Content
- Intro
- Contents
- Introduction
- 1. What Is to Be Justified?
- 2. Theory and Practice
- 3. What Kind of Justification?
- 4. A Brief Overview
- 1 Consequentialists, Retributivists, and Abolitionists
- 1. Pure Consequentialism and Punishment
- 1.1. The Structure of a Consequentialist Account
- 1.2. Objections to Pure Consequentialism: The Rights of the Innocent
- 1.3. Consequentialist Responses
- 2. Side-Constrained Consequentialism
- 2.1. Side-Constraints and 'Negative' Retributivism
- 2.2. Objections: Doing Justice to the Guilty
- 3. Forfeiture of Rights and Societal Defense
- 3.1. Forfeiting Rights or Moral Standing
- 3.2. Punishment as Societal Defense
- 4. Retributivist Themes and Variations
- 4.1. "The Guilty Deserve to Suffer
- 4.2. The Removal of Unfair Advantage
- 4.3. Punitive Emotions
- 4.4. Punishment as Communication
- 5. The Abolitionist Challenge
- 5.1. What Is to Be Abolished?
- 5.2. Why Abolition?
- 5.3. What Should Replace Punishment?
- 2 Liberal Legal Community
- 1. 'Liberalism' and 'Communitarianism'
- 1.1. Liberalism and Punishment
- 1.2. The Penal Rhetoric of 'Community'
- 2. A Normative Idea(l) of Community
- 2.1. A Model: Academic Community
- 2.2. Political Community
- 3. 'Communitarianism' and 'Liberalism' (Again)
- 3.1. Metaphysical and Normative Issues
- 3.2. 'I' and 'We'
- 3.3. Choice and Recognition
- 3.4. Individual Goods and Shared Goods
- 4. The Criminal Law of a Liberal Polity
- 4.1. Prohibitions and Declarations
- 4.2. The Criminal Law as a Common Law
- 4.3. The Concept of Crime
- 4.4. The Authority of the Criminal Law
- 4.5. A Limited Criminal Law
- 5. Nonvoluntary Membership
- 6. Responses to Crime
- 3 Punishment, Communication, and Community
- 1. Can Criminal Punishment Be Consistent with Liberal Community?
- 1.1. Modes of Inclusion and Exclusion
- 1.2. Exclusionary Punishments
- 2. Punishment and Communication
- 2.1. Communication and Expression
- 2.2. Communication and the Criminal Law
- 2.3. Punishment, Communication, and Hard Treatment
- 3. Communication, Deterrence, and Prudential Supplements
- 3.1. Communication Plus Deterrence
- 3.2. Censure and Prudential Supplements
- 4. Punishment as Purposive Communication
- 4.1. Punishment as Moral Education?
- 4.2. Mediation: Civil versus Criminal
- 4.3. Criminal Mediation, Punishment, and Communication
- 5. Probation and Community Service as Communicative Punishments
- 5.1. Probation as Punishment
- 5.2. Extending Probation
- 5.3. Community Service Orders as Public Reparation
- 5.4. Combination Orders: Mediating between Community and Offender
- 6. Punishment as Penance
- 6.1. The Three 'R's of Punishment
- 6.2. Who Owes What to Whom?
- 7. Different Kinds of Offender
- 7.1. The Morally Persuaded Offender
- 7.2. The Shamed Offender
- 7.3. The Already Repentant Offenderd
- 7.4. The Defiant Offender
- 8. Penitential Punishment and the Liberal State
- 9. But Yet ...
- 4 Communicative Sentencing
- 1. Punishing Proportionately
- 1.1. Rela five or Absolute Proportionality?
- 1.2. Proportionality of What to What?
- 1.3. Positive or Negative?
- 1.4. Overriding or Defeasible?
- 1.5. Beyond Proportionality
- 2. Punishments and Their Meanings
- 2.1. Monetary Punishments
- 2.2. The Meaning of Imprisonment
- 2.3. Capital Punishment
- 3. Who Decides?
- 3.1. 'Doing Justice': General versus Particular
- 3.2. Negotiated Sentences?
- 4. Criminal Record and 'Dangerous' Offenders
- 4.1. The Relevance of Prior Criminal Record
- 4.2. 'Dangerous' Offenders
- 5 From Theory to Practice
- 1. Ideal Theories and Actual Practices
- 2. Preconditions of Criminal Punishment
- 2.1. Conditions and Preconditions
- 2.2. Political Obligation
- 2.3. To Whom Must I Answer?
- 2.4. The Language of the Law
- 2.5. Law and Community
- 3. Can Criminal Punishment Be Justified?
- Notes
- References
- Index
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N
- O
- P
- R
- S
- T
- V
- W
- Y
- Z
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