Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
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The Liberal State and Criminal Sanction - Seeking Justice and Civility (Hardcover)
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The Liberal State and Criminal Sanction - Seeking Justice and Civility (Hardcover)
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In a liberal democracy, theory suggests that the political order
and character of a civil society are closely connected: the
political order allows for a dynamic and pluralistic civil society,
and people's civic participation encourages support for the
political order. In examining the role of punishment in the U.S.
and the U.K., however, Jonathan Jacobs maintains that the current
state of incarceration is antithetical to the principles of a
liberal democracy and betrays an abandonment of that project's
essential values. The existing system imposes harsh injustices on
incarcerated people: it subjects them to inhumane prison
conditions, creates numerous obstacles that block their reentry
into society upon release, and erodes their capacity to participate
in civic life and exercise individual moral agency. And in recent
decades, the number of its people that the U.S. has incarcerated
has grown dramatically. Jacobs engages with substantial
philosophical literature to argue that necessary and significant
reforms to the U.S. and U.K. criminal justice systems demand a
serious recommitment to the values and principles of a liberal
democracy. Topics include the justification and aims of punishment,
the role of criminal justice within theories of a just society, and
empirical considerations regarding long-term incarceration and its
impact. By comprehensively exploring the relationship between
criminal justice and justice, he highlights distinctive elements of
criminal justice as the basis for a retributivist conception of
punishment that highlights desert and proportionality. Jacobs
defends retributivism against familiar accusations that it approves
vindictiveness and inevitably harms offenders, and shows how
consequentialist approaches are seriously flawed. Drawing equally
from both philosophy and criminology, Jacobs argues for a renewed
dedication to the values and principles of a liberal democracy as
critical to the possibility of criminal justice being truly just.
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