Why Punish? How Much?: A Reader on Punishment

Paperback | December 21, 2010

byMichael Tonry

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Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collectsessays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approacheslike restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much?provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.

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Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collectsessays from classical philosophers and cont...

Michael Tonry is Professor of Law and Public Policy at the 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:PaperbackDimensions:456 pages, 10 × 7 × 0.68 inPublished:December 21, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195328868

ISBN - 13:9780195328868

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Table of Contents

Michael Tonry: Introduction: Thinking about PunishmentPart One: Classical TheoriesIntroduction to Part One1. Immanuel Kant: The Penal Law and the Law of Pardon2. G.W.F. Hegel: Wrong [Das Unrecht]3. Jeremy Bentham: The Utilitarian Theory of Punishment4. Sheldon Glueck: Principles of a Rational Penal Code5. C.S. Lewis: The Humanitarian Theory of Punishment6. Francis Allen: Legal Values and the Rehabilitative IdealPart Two: Retributive TheoriesIntroduction to Part Two7. Joel Feinberg: The Expressive Function of Punishment8. Jeffrey Murphy: Marxism and Retribution9. Herbert Morris: A Paternalist Theory of Punishment10. T.M. Scanlon: Punishment and the Rule of Law11. R.A. Duff: Penance, Punishment, and the Limits of CommunityPart Three: Mixed TheoriesIntroduction to Part Three12. H.L.A. Hart: Prolegomenon to the Principles of Punishment13. Andrew von Hirsch: Proportionate Sentences: A Desert Perspective14. Michael Tonry: Proportionality, Parsimony, and Interchangeability of Punishments15. Tapio Lappi-Seppala: Sentencing and Punishment in Finland: The Decline of the Repressive Ideal16. Richard Frase: Limiting Retributivism17. Richard Frase: Limiting Excessive Prison SentencingPart Four: Emotion, Intuition, Determinism, and PunishmentIntroduction to Part Four18. J.L. Mackie: Morality and the Retributive Emotions19. Paul H. Robinson: The Role of Moral Philosophers in the Competition between Deontological and Empirical Desert,20. Joshua Greene and Jonathan Cohen: For the Law, Neuroscience Changes Nothing and EverythingPart Five: Restorative TheoriesIntroduction to Part Five21. Lode Walgrave: Restoration in Youth Justice22. John Braithwaite: In Search of Restorative Jurisprudence23. Paul H. Robinson: The Virtues of Restorative Processes, the Vices of 'Restorative Justice'24. R.A. Duff: Restorative Punishment and Punitive RestorationPart Six: Functionalist TheoriesIntroduction to Part Six25. Loic Rusche: From Slavery to Mass Incarceration: Rethinking the 'Race Question' in the US26. Georg Rusche: Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice27. Emile Durkheim: Rules for the Distinction of the Normal from the Pathological28. Michel Foucault: The Carceral