基本説明
Covers the various justifications and conceptions of retributivism, its philosophical foundations (often questioning conventional understandings), and how retributivism informs actual criminal justice procedures and practices.
Full Description
In Retributivism: Essays on Theory and Policy, Professor Mark D. White and his contributors offer analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than to serve some general social purpose. The contemporary debate over retributivist punishment has become particularly vibrant in recent years, focusing increasingly on its political and economic as well as its philosophical aspects, and also on its practical ramifications in addition to theoretical implications. The twelve chapters in this book, written by leading legal scholars and philosophers, cover the various justifications and conceptions of retributivism, its philosophical foundations (often questioning conventional understandings), and how retributivism informs actual criminal justice procedures and practices.
Contents
Introduction: Mark D. White ; Part I: Conceptualizing Retributivism ; Chapter 1: R.A. Duff, "Retrieving Retribution" ; Chapter 2: Michael T. Cahill, "Punishment Pluralism" ; Chapter 3: Dan Markel, "What Might Retributive Justice Be? An Argument for the Confrontational Conception of the Retributivism" ; Chapter 4: Gerald Gaus, "Retributive Justice and Social Cooperation" ; Part II: Philosophical Perspectives on Retributivism ; Chapter 5: Jeffrie G. Murphy, "Some Second Thoughts on Retributivism" ; Chapter 6: Sarah Holtman, "Kant, Retributivism, and Civic Respect" ; Chapter 7: Mark D. White, "Pro Tanto Retributivism: Judgment and the Balance of Principles in Criminal Justice" ; Chapter 8: Jane Johnson, "Hegel on Punishment: A More Sophisticated Retributivism" ; Part III: Retributivism and Policy ; Chapter 9: Mark Tunick, "Entrapment and Retributive Theory" ; Chapter 10: Marc DeGirolami, "The Choice of Evils and the Collisions of Theory" ; Chapter 11: Richard Lippke, "Retributive Sentencing, Multiple Offenders, and Bulk Discounts" ; Chapter 12: Thom Brooks, "Retribution and Capital Punishment"
