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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Punishment and Retribution (Paperback)
Loot Price: R1,607
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Punishment and Retribution (Paperback)
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Discussions of punishment typically assume that punishment is
criminal punishment carried out by the State. Punishment is,
however, a richer phenomenon and it occurs in many contexts. This
book contains a general account of punishment which overcomes the
difficulties of competing accounts. Recognizing punishment's
manifoldness is valuable not merely in contributing to conceptual
clarity, but in that this recognition sheds light on the
complicated problem of punishment's justification. Insofar as they
narrowly presuppose that punishment is criminal punishment, most
apparent solutions to the tension between consequentialism and
retributivism are rather unenlightening if we attempt to apply them
in other contexts. Moreover, this presupposition has given rise to
an unwieldy variety of accounts of retributivism which are less
helpful in contexts other than criminal punishment. Treating
punishment comprehensibly helps us to better understand how it
differs from similar phenomena, and to carry on the discussion of
its justification fruitfully.
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