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Recidivist Punishments - The Philosopher's View (Hardcover, New)
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Recidivist Punishments - The Philosopher's View (Hardcover, New)
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In most Western penal systems, recidivist criminals are punished
more harshly than first offenders. The philosophical grounds for
this response are however difficult to grasp. According to the
retributive ideal, recidivists deserve harsher punishments,
independently of the eventual effects of the recidivist premium on
crime rates. Different notions of “desert” have been advanced
in the literature to substantiate this claim. However, all of them
have this problem in common: how to justify a harsher punishment of
an offender on grounds of a past offence which s/he already paid
for? According to a different approach, it is argued that by
sentencing offenders to harsher punishments, particularly longer
prison terms, we expect to deter them or other potential criminals
from recidivating (individual and general deterrence) or at least
we might keep them incapacitated by holding them in prison after
the standard punishment has been served. During the last decade or
so, a different approach has been advanced that underlies the
communicative function of penal sanctions. Starting from the
assumption that the public subscribes a higher degree of
blameworthiness to recidivism, it is then argued that this general
opinion should be reflected in the penal sanctions if we don’t
want to risk discrediting the legal system. Finally, it could be
argued that, although we don’t know for sure how many (if at all)
future crimes can be prevented by recidivist premiums, it is not
justified to take any risks in that regard, as we would then
failing to protect future crime victims. The price for averting
this uncertainty should therefore be paid by those who have broken
the law in the past, according to these authors. But this can be
made by submitting them to non-traditional forms of punishments.
Much has been written about recidivist punishments, particularly
within the area of criminology. There is however a notorious lack
of (penal) philosophical reflection regarding this issue. In this
book, all these different approaches to recidivist punishments are
critically discussed with the ambition of filling that gap by
presenting the philosophers’ view on this matter.
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