基本説明
Proposes a single principle to govern the distribution of criminal liability and punishment.
Full Description
The rules governing who will be punished and how much determine a society's success in two of its most fundamental functions: doing justice and protecting citizens from crime. Drawing from the existing theoretical literature and adding to it recent insights from the social sciences, Paul Robinson describes the nature of the practical challenge in setting rational punishment principles, how past efforts have failed, and the alternatives that have been tried. He ultimately proposes a principle for distributing criminal liability and punishment that will be most likely to do justice and control crime.
Paul Robinson, is one of the world's leading criminal law experts. He has been writing about criminal liability and punishment issues for three decades, and has published dozens of influential articles in the best scholarly journals. This long-awaited volume is a brilliant synthesis of social science research and legal reasoning that brings together three decades of work in a compelling line of argument that addresses all of the important issues in assessing liability and punishment.
Contents
Chapter 1. Distributing Criminal Liability and Punishment ; Chapter 2. The Need for an Articulated Distributive Principle ; Chapter 3. Does Criminal Law Deter? ; Chapter 4. Deterrence as a Distributive Principle ; Chapter 5. Rehabilitation ; Chapter 6. Incapacitation of the Dangerous ; Chapter 7. Competing Conceptions of Desert: Vengeful, Deontological, and Empirical ; Chapter 8. The Utility of Desert ; Chapter 9. Restorative Justice ; Chapter 10.The Strengths & Weaknesses of Alterative Distributive Principles ; Chapter 11.Hybrid Distributive Principles ; Chapter 12. A Practical Theory of Justice: Proposal for a Hybrid Distributive Principle Centered on Empirical Desert ; Index
