Full Description
The Oxford Handbook of the Philosophy of Punishment is the most comprehensive collective work that has yet been published on the philosophical aspects of punishment. It is divided into ten sections covering all the main philosophical challenges arising from the questions of why, when, and how offenders should be punished for their misdeeds. The book provides insight into and discussions of all the leading theories of the justification of punishment (retributivism, consequentialism, pluralistic theory, communicative theory, self-defence theory, right forfeiture theory, restitutionism, restorative justice, and abolitionism). It goes on to present considerations of what types of punishment can legitimately be imposed on offenders (capital punishment, incarceration, corporal punishment, probation, electronic monitoring, and cruel and unusual punishment) and of how the severity of punishments should be determined.
Next, it explores the many factors that should be considered at sentencing (responsibility and defences, mens rea, criminal record, guilty pleas, remorse, and mercy). The book also covers discussions of punishment of special groups of offenders (young and very old offenders, female offenders, socially deprived offenders, multiple offenders, dangerous offenders, and war criminals) and broader societal aspects of punishment (e.g. social inequality, discrimination, and public opinion). A section on medical and technological aspects of punishment deals with controversial issues such as the use of neurointerventions, artificial intelligence, and the role of physicians. The handbook curates authoritative chapters written by the field's leading scholars to offer answers to questions of how punishment can be justified, what types of punishment can legitimately be imposed on offenders, and the severity of punishment should be determined.
Contents
Acknowledgements
List of contributors
INTRODUCTION
(1) The Philosophy of Punishment
Jesper Ryberg
(2) The Definition of Punishment
Frej Klem Thomsen
PART 1: THEORIES OF PUNISHMENT
(3) Retributivism
Mitchell Berman
(4) Consequentialism
Jesper Ryberg
(5) Pluralistic Theory
Douglas Husak
(6) Communicative Theory
Antony Duff
(7) Right Forfeiture Theory
Christopher Wellman and William Bell
(8) Self-defense Theory
Derk Pereboom
(9) Restitutionism
David Hershenov
(10) Restorative Justice
Christopher Bennett
(11) Abolitionism
Bill Wringe
PART 2: TYPES OF PUNISHMENT
(12) Capital Punishment
Michael Cholbi
(13) Incarceration
Richard Lippke
(14) Corporal Punishment
Ole Martin Moen and Aksel Braanen Sterri
(15) Probation
Rob Canton
(16) Electronic Monitoring
William Bülow
(17) Cruel and Unusual Punishment
Thom Brooks
PART 3: THE SEVERITY OF PUNISHMENT
(18) Measuring Punishment Severity
Adam Kolber
(19) Retributivism and Severity
Göran Duus-Otterström
(20) Consequentialism and Severity
Mirko Bagaric
PART 4: SENTENCING
(21) Responsibility and Defenses
Stephen J. Morse
(22) Mens Rea
Marcia Baron
(23) Criminal Record
Richard Frase
(24) Guilty Pleas
Sebastian Jon Holmen
(25) Remorse
Steven Tudor
(26) Mercy
Leo Zaibert
PART 5: PUNISHMENT AND SPECIAL OFFENDERS
(27) Juvenile and Very Old Offenders
Gideon Yaffe
(28) Female Offenders
Holly Lawford-Smith
(29) Socially Deprived Offenders
Terry Skolnik
(30) Multiple Offenders
Youngjae Lee
(31) Dangerous Offenders
Susan Dimock
(32) War Criminals
Sebastian Jon Holmen
PART 6: COLLATERAL CONSEQUENCES OF PUNISHMENT
(33) Collateral damage
Zachary Hoskins
(34) Disenfranchisement
Milena Tripkovic
(35) Criminal Records and the Labor Market
Thomas Søbirk Petersen
PART 7: SOCIETAL ASPECTS OF PUNISHMENT
(36) Punishment and Social Inequality
Matt Matravers
(37) Punishment and Discrimination
Kasper Lippert-Rasmussen
(38) Punishment and Resources
Mark D. White
(39) Punishment and Public Opinion
Julian Roberts
PART 8: MEDICAL AND TECHNOLOGICAL ASPECTS OF PUNISHMENT
(40) Neurointerventions and Punishment
Jesper Ryberg
(41) Physicians and Punishment
Rebecca L. Walker
(42) Punishment and Artificial Intelligence
Jesper Ryberg
PART 9: THE PHILOSOPHY OF PUNISHMENT RECONSIDERED
(43) How should we Work as Penal Ethicists?
Jesper Ryberg
INDEX
