This book addresses the problem of justifying the institution of criminal punishment. It examines the "paradox of retribution": the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new "abolitionist" movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment.?
ISBN: | 9789400748446 |
Publication date: | 28th August 2012 |
Author: | Whitley R P Kaufman |
Publisher: | Springer an imprint of Springer Netherlands |
Format: | Hardback |
Pagination: | 203 pages |
Series: | Law and Philosophy Library |
Genres: |
Methods, theory and philosophy of law Crime and criminology |