オックスフォード版 刑罰の哲学ハンドブック The Oxford Handbook of the Philosophy of Punishment

著者名：Ryberg, Jesper

Oxford University Press（2024/10/25発売）

• 言語：ENG
• ISBN：9780197750506
• eISBN：9780197750520

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.

Table of Contents

AcknowledgementsList of contributorsINTRODUCTION(1) The Philosophy of Punishment Jesper Ryberg(2) The Definition of Punishment Frej Klem ThomsenPART 1: THEORIES OF PUNISHMENT(3) RetributivismMitchell Berman(4) Consequentialism Jesper Ryberg(5) Pluralistic Theory Douglas Husak(6) Communicative Theory Antony Duff(7) Right Forfeiture TheoryChristopher Wellman and William Bell(8) Self-defense TheoryDerk Pereboom(9) Restitutionism David Hershenov(10) Restorative Justice Christopher Bennett(11) Abolitionism Bill WringePART 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 BrooksPART 3: THE SEVERITY OF PUNISHMENT(18) Measuring Punishment Severity Adam Kolber(19) Retributivism and Severity Göran Duus-Otterström(20) Consequentialism and Severity Mirko BagaricPART 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 ZaibertPART 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 HolmenPART 6: COLLATERAL CONSEQUENCES OF PUNISHMENT(33) Collateral damage Zachary Hoskins(34) Disenfranchisement Milena Tripkovic(35) Criminal Records and the Labor Market Thomas Søbirk PetersenPART 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 RobertsPART 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 RybergPART 9: THE PHILOSOPHY OF PUNISHMENT RECONSIDERED(43) How should we Work as Penal Ethicists? Jesper RybergINDEX