Retributivism Has a Past: Has It a Future? (Studies in Penal Theory and Philosophy) - Hardcover

Hardcover

ISBN 10: 0199798273 ISBN 13: 9780199798278

Publisher: Oxford University Press, 2011

Synopsis

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. Retributivism Has 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.

About this title

Product Description

For nearly two centuries in the United States, the punishment of crime was largely aimed, in theory and in practice, at prevention, rehabilitation or incapacitation, and deterrence. In the mid-1970s, a sharp-and some argued permanent-shift occurred. Punishment in the criminal justice system became first and foremost about retribution. Retribution trumped rehabilitation; proportionality outweighed prevention. The retributivist sea change was short-lived, however. After a few decades, some policy makers returned tentatively to individualized approaches to punishment, launching initiatives like drug courts and programs for treatment and reentry. Others promoted policies that retained the rhetoric but betrayed the theory-punishment in proportion to culpability-of retributivism, resulting in mandatory minimum sentences, three-strikes-and-you're-out laws, "dangerous offender" and "sexual predator" laws, "truth in sentencing," and life without the possibility of parole.

Review

"Writings on theories of punishment are legion, but this volume has a distinct freshness--a group of top international scholars with varying perspectives have been encouraged to explore the interfaces between philosophies of punishment and contemporary penal practices. Nothing is taken for granted. Drug courts, 'three strikes and you're out' laws, and sentences lengthened for public protection are all vital issues of public policy that receive scrutiny in this volume. While the title of the volume refers to retributivism, the essays themselves are not confined to discussions of the future of desert theory: they explore the future place of restorative justice, incapacitation and other rationales, and examine challenges to the basic tenets of desert theory. The intellectual freshness of this volume should make it a focus of study and argument for years to come."
--Andrew Ashworth, Vinerian Professor of English Law, University of Oxford

"Retributivism Has a Past is an important book that both reconsiders the past and may well reconfigure the future of criminal punishment. Michael Tonry's grand introductory essay examines retributivism's resurgence in light of actual practices, especially in the United States. Each of the essays by other major figures in punishment theory, law, and philosophy critically examines a variety of theories of punishment, old and new. Many of the essays, including several by prominent younger contributors to these debates, engage contemporary theories and concepts of restorative justice, therapeutic jurisprudence, rehabilitation of offenders, and mandatory punishments. Most newer approaches are difficult to reconcile, both in theory and in practice, with retributive understandings of criminal justice."
--Kate Stith, Lafayette S. Foster Professor, Yale Law School

..".an important discussion of retributivism, both [in] theory and practice. It is a must read for punishment theorists. The discussion of both theoretical and practical features of retributivism gives the book a wider scope than the philosophical literature and this is a welcome development." -- Stephen Kershnar, Journal of Moral Philosophy

"Writings on theories of punishment are legion, but this volume has a distinct freshness--a group of top international scholars with varying perspectives have been encouraged to explore the interfaces between philosophies of punishment and contemporary penal practices. Nothing is taken for granted. Drug courts, 'three strikes and you're out' laws, and sentences lengthened for public protection are all vital issues of public policy that receive scrutiny in this volume. While the title of the volume refers to retributivism, the essays themselves are not confined to discussions of the future of desert theory: they explore the future place of restorative justice, incapacitation and other rationales, and examine challenges to the basic tenets of desert theory. The intellectual freshness of this volume should make it a focus of study and argument for years to come."
--Andrew Ashworth, Vinerian Professor of English Law, University of Oxford

"Retributivism Has a Past is an important book that both reconsiders the past and may well reconfigure the future of criminal punishment. Michael Tonry's grand introductory essay examines retributivism's resurgence in light of actual practices, especially in the United States. Each of the essays by other major figures in punishment theory, law, and philosophy critically examines a variety of theories of punishment, old and new. Many of the essays, including several by prominent younger contributors to these debates, engage contemporary theories and concepts of restorative justice, therapeutic jurisprudence, rehabilitation of offenders, and mandatory punishments. Most newer approaches are difficult to reconcile, both in theory and in practice, with retributive understandings of criminal justice."
--Kate Stith, Lafayette S. Foster Professor, Yale Law School

..".an important discussion of retributivism, both [in] theory and practice. It is a must read for punishment theorists. The discussion of both theoretical and practical features of retributivism gives the book a wider scope than the philosophical literature and this is a welcome development." -- Stephen Kershnar, Journal of Moral Philosophy

About this edition

• Publisher: Oxford University Press
• Publication date: 2011
• ISBN 10: 0199798273
• ISBN 13: 9780199798278
• Binding: Hardcover
• Number of pages: 304
• Editor: Tonry Michael