Rethinking Punishment

Rethinking Punishment
Author: Leo Zaibert
Publisher: Cambridge University Press
Total Pages: 278
Release: 2018-04-19
Genre: Philosophy
ISBN: 110867660X

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. 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. 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.

The Limits of Blame

The Limits of Blame
Author: Erin I. Kelly
Publisher: Harvard University Press
Total Pages: 241
Release: 2018-11-12
Genre: Philosophy
ISBN: 0674980778

Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Rethinking Punishment

Rethinking Punishment
Author: Leo Zaibert
Publisher: Cambridge University Press
Total Pages: 277
Release: 2018-04-19
Genre: Law
ISBN: 1107194121

Rejecting traditional alternatives, Leo Zaibert offers an original and refreshing approach to the age-old problem of the justification of punishment.

Rethinking Punishment

Rethinking Punishment
Author: Karol M Lucken
Publisher: Taylor & Francis
Total Pages: 179
Release: 2017-02-10
Genre: Social Science
ISBN: 1317486986

There are visible signs that the "get-tough" era of punishment is finally winding down. A "get-smart" agenda has emerged that aims to reduce costs and crime by reducing the incarceration of non-violent drug offenders, expanding use of community-based corrections, revising sentencing structures, and supporting offender re-entry into the community. This change in policy affords an opportunity to re-examine and challenge certain other conventions in the study and practice of punishment. Each chapter of Rethinking Punishment examines a convention and posits arguments that challenge that convention and expand the conversation. These arguments are based on the prior literature, existing and original data, and historical documents. These conventions and arguments for rethinking punishment are framed accordingly: Justifying Penal Policy Defining the Attributes of Punishment Measuring the Scope and Severity of Punishment Evaluating Effectiveness in Punishment Finally, the author provides specific recommendations for research and policy based on these original arguments. Drawing on underlying philosophical, empirical and political issues and offering a critical discussion of the relationship between research, policy and practice, this book makes compelling and instructive reading for students taking courses in criminal justice, corrections, philosophy of punishment, the sociology of punishment, and law and justice.

Rethinking Incarceration

Rethinking Incarceration
Author: Dominique DuBois Gilliard
Publisher: InterVarsity Press
Total Pages: 246
Release: 2018-03-02
Genre: Social Science
ISBN: 0830887733

The United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Exploring the history and foundations of mass incarceration, Dominique Gilliard examines Christianity’s role in its evolution and expansion, assessing justice in light of Scripture, and showing how Christians can pursue justice that restores and reconciles.

Rethinking Punishment in the Era of Mass Incarceration

Rethinking Punishment in the Era of Mass Incarceration
Author: Chris Surprenant
Publisher: Taylor & Francis
Total Pages: 344
Release: 2017-07-06
Genre: Law
ISBN: 1351692410

This book offers a philosophical examination of incarceration as a form of punishment. A diverse group of contributors engages with research in criminology, economics, law, and sociology to help contextualize the philosophical issues.

Rethinking Hell

Rethinking Hell
Author: Christopher M. Date
Publisher: Wipf and Stock Publishers
Total Pages: 344
Release: 2014-04-15
Genre: Religion
ISBN: 1630871605

Most evangelical Christians believe that those people who are not saved before they die will be punished in hell forever. But is this what the Bible truly teaches? Do Christians need to rethink their understanding of hell? In the late twentieth century, a growing number of evangelical theologians, biblical scholars, and philosophers began to reject the traditional doctrine of eternal conscious torment in hell in favor of a minority theological perspective called conditional immortality. This view contends that the unsaved are resurrected to face divine judgment, just as Christians have always believed, but due to the fact that immortality is only given to those who are in Christ, the unsaved do not exist forever in hell. Instead, they face the punishment of the "second death"--an end to their conscious existence. This volume brings together excerpts from a variety of well-respected evangelical thinkers, including John Stott, John Wenham, and E. Earl Ellis, as they articulate the biblical, theological, and philosophical arguments for conditionalism. These readings will give thoughtful Christians strong evidence that there are indeed compelling reasons for rethinking hell.

Rethinking Juvenile Justice

Rethinking Juvenile Justice
Author: Elizabeth S Scott
Publisher: Harvard University Press
Total Pages: 379
Release: 2009-06-30
Genre: Law
ISBN: 0674043367

What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.

Re-Thinking the Political Economy of Punishment

Re-Thinking the Political Economy of Punishment
Author: Alessandro De Giorgi
Publisher: Routledge
Total Pages: 320
Release: 2017-03-02
Genre: Social Science
ISBN: 1351903551

The political economy of punishment suggests that the evolution of punitive systems should be connected to the transformations of capitalist economies: in this respect, each 'mode of production' knows its peculiar 'modes of punishment'. However, global processes of transformation have revolutionized industrial capitalism since the early 1970s, thus configuring a post-Fordist system of production. In this book, the author investigates the emergence of a new flexible labour force in contemporary Western societies. Current penal politics can be seen as part of a broader project to control this labour force, with far-reaching effects on the role of the prison and punitive strategies in general.