Retributivism Has a Past: Has It a Future?

Hardcover | December 26, 2012

EditorMichael Tonry

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The fundamental contrast between the ideas that punishment is morally justified because people have behaved wrongly (retributivist) and that punishment is morally justified only when it has good consequences (consequentialist/utilitarian) has long existed and most likely always will. Beginningin the 1960s and 1970s, retributivist ways of thinking became much more influential than they had been for the preceding century, but it is clear now that no paradigm shift from consequentialist to retributivist ideas occurred, and that thinking about punishment is in a period of flux. Retributivism Has a Past: Has It a Future? reconsiders the extent of its resurgence and its current prospects. Essays by major figures in punishment theory, law, and philosophy and many prominent younger contributors to these debates engage with contemporary ideas about restorative justice,therapeutic jurisprudence, rehabilitation of offenders, and mandatory punishments that are difficult to reconcile with retributive analytical frameworks. It is crucial to understand why and when individuals can be deprived of their property, their liberty, and their lives in the pursuit ofcollective interests, and this book grapples anew with contemporary debates over these perennial questions.

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The fundamental contrast between the ideas that punishment is morally justified because people have behaved wrongly (retributivist) and that punishment is morally justified only when it has good consequences (consequentialist/utilitarian) has long existed and most likely always will. Beginningin the 1960s and 1970s, retributivist ways ...

Michael Tonry is Professor of Law and Public Policy, University of Minnesota Law School, and Senior Fellow at the Netherlands Institute for the Study of Crime and Law Enforcement, Free University Amsterdam.

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Format:HardcoverDimensions:336 pages, 0.12 × 0.12 × 0.12 inPublished:December 26, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199798273

ISBN - 13:9780199798278

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Table of Contents

1. Can Twenty-first Century Punishment Policies be Justified in Principle?2. What Does Wrongdoing Deserve?3. Is Twenty-first Century Punishment Post-Desert?4. Responsibility, Restoration, and Retribution5. Punishment and Desert-adjusted Utilitarianism6. The Future of State Punishment: The Role of Public Opinion in Sentencing7. A Political Theory of Imprisonment for Public Protection8. Terror as a Theory of Punishment9. Can Above-desert Penalties Be Justified by Competing Deontological Theories?10. Never Mind the Pain; It's a Measure! Justifying Measures as Part of the Dutch Bifurcated System of Sanctions11. Retributivism, Proportionality, and the Challenge of the Drug Court Movement12. Drug Treatment Courts as Communicative Punishment13. Reflections on Punishment Futures: The Desert-Model Debate and the Importance of the Criminal Law Context