Rethinking Punishment

£30.00

Rethinking Punishment

Social and political philosophy Penology and punishment Offenders Methods, theory and philosophy of law Legal aspects of criminology Criminal law: procedure and offences

Author: Leo Zaibert

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Language: English

Published by: Cambridge University Press

Published on: 19th April 2018

Format: LCP-protected ePub

Size: 4 Mb

ISBN: 9781108582612


The debate about just punishment

The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else.

Zaibert's intervention

In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay insufficient attention to the conflicts of values that punishment, even when justified, generates.

A pluralistic justification

Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions.

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