Punishment and Retribution

£58.99

Punishment and Retribution

Methods, theory and philosophy of law Public international law: human rights Criminal law: procedure and offences Social law and Medical law Social and political philosophy

Author: Leo Zaibert

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Language: English

Published by: Routledge

Published on: 15th April 2016

Format: LCP-protected ePub

Size: 2 Mb

ISBN: 9781317073239


Discussions of punishment

Typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts.

Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts.

Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensively helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.

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