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Retributivism Has a Past - Has It a Future? (Hardcover)
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Retributivism Has a Past - Has It a Future? (Hardcover)
Series: Studies in Penal Theory and Philosophy
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The fundamental contrast between the ideas that punishment is
morally justified because people have behaved wrongly
(retributivist) and that punishment is morally justified only when
it has good consequences (consequentialist/utilitarian) has long
existed and most likely always will. Beginning in the 1960s and
1970s, retributivist ways of thinking became much more influential
than they had been for the preceding century, but it is clear now
that no paradigm shift from consequentialist to retributivist ideas
occurred, and that thinking about punishment is in a period of
flux.
RetributivismHas a Past: Has It a Future? reconsiders the extent of
its resurgence and its current prospects. Essays by major figures
in punishment theory, law, and philosophy and many prominent
younger contributors to these debates engage with contemporary
ideas about restorative justice, therapeutic jurisprudence,
rehabilitation of offenders, and mandatory punishments that are
difficult to reconcile with retributive analytical frameworks. It
is crucial to understand why and when individuals can be deprived
of their property, their liberty, and their lives in the pursuit of
collective interests, and this book grapples anew with contemporary
debates over these perennial questions.
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