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Rejecting Retributivism - Free Will, Punishment, and Criminal Justice (Hardcover)
Loot Price: R2,797
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Rejecting Retributivism - Free Will, Punishment, and Criminal Justice (Hardcover)
Series: Law and the Cognitive Sciences
Expected to ship within 12 - 17 working days
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Within the criminal justice system, one of the most prominent
justifications for legal punishment is retributivism. The
retributive justification of legal punishment maintains that
wrongdoers are morally responsible for their actions and deserve to
be punished in proportion to their wrongdoing. This book argues
against retributivism and develops a viable alternative that is
both ethically defensible and practical. Introducing six distinct
reasons for rejecting retributivism, Gregg D. Caruso contends that
it is unclear that agents possess the kind of free will and moral
responsibility needed to justify this view of punishment. While a
number of alternatives to retributivism exist - including
consequentialist deterrence, educational, and communicative
theories - they have ethical problems of their own. Moving beyond
existing theories, Caruso presents a new non-retributive approach
called the public health-quarantine model. In stark contrast to
retributivism, the public health-quarantine model provides a more
human, holistic, and effective approach to dealing with criminal
behavior.
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