Why Punish? How Much?

Why Punish? How Much? : A Reader on Punishment

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Punishment is a complex human institution. It has normative, political, social, psychological, and legal dimensions, and ways of thinking about each of them change over time. For this reader on punishment, Michael Tonry, a leading authority in the field, has composed a comprehensive collection of 28 essays ranging from classic and contemporary writings on normative theories by philosophers and penal theorists to writings on restorative justice, on how people think about punishment, and on social theories about the functions punishment performs in human societies. This volume includes an accessible, non-technical introduction on the development of punishment theory, as well as an introduction and annotated bibliography for each section. The readings cover foundational traditions of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, as well as mixed approaches that attempt to link theory and policy.
It follows the evolution and development of thinking about punishment spanning from writings by classical theorists such as Kant and Hegel to recent developments in the behavioral and medical sciences for thinking about punishment. The result is a collection of empirically-informed efforts to explain what punishment does that should spark contemplation and debate about why and how punishment is carried out.
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Product details

  • Paperback | 456 pages
  • 177.8 x 246.38 x 35.56mm | 771.1g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 3 black and white illustrations
  • 0195328868
  • 9780195328868
  • 792,395

Review quote

This is a wonderful selection of historical and contemporary readings that together address all the main themes of punishment theory. The editor's clear and insightful introductions situate the texts and allow readers to make sense of the debates. It will make an ideal textbook for any course on punishment theory. * Matt Matravers, Director of the School of Politics, Economics, & Philosophy, University of York * Why Punish? How Much? is a brilliantly organized and highly focused collection on punishment purposes, compiled at a time when the discussion of purposes at all levels is sometimes incoherent and often incomplete. I recommend this volume to lawyers, judges and students of criminal law and criminology alike. * Marc L. Miller, Professor of Law, University of Arizona College of Law * Law students, especially, will value this historically informed, multi-disciplinary, and yet cutting-edge anthology on two of the perennial though most problematic questions of criminal law. * John Kleinig, Director of the Institute for Criminal Justice Ethics and Professor of Philosophy, John Jay College of Criminal Justice *
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About Michael Tonry

Michael Tonry is Sonsky Professor of Law and Public Policy at the University of Minnesota Law School, and Senior Fellow at the Netherlands Institute for the Study of Crime and Law Enforcement at Free University Amsterdam.
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Table of contents

Introduction: Thinking about Punishment, Michael Tonry ; Part I. Classical Theories ; Introduction to Part I ; 1. The Penal Law and the Law of Pardon: Immanuel Kant ; 2. Wrong [Das Unrecht]: G.W.F. Hegel ; 3. The Utilitarian Theory of Punishment: Jeremy Bentham ; 4. Principles of a Rational Penal Code: Sheldon Glueck ; 5. The Humanitarian Theory of Punishment: C.S. Lewis ; 6. Legal Values and the Rehabilitative Ideal: Francis Allen ; Part II. Retributive Theories ; Introduction to Part II ; 7. The Expressive Function of Punishment: Joel Feinberg ; 8. Marxism and Retribution: Jeffrey Murphy ; 9. A Paternalist Theory of Punishment: Herbert Morris ; 10. Punishment and the Rule of Law: T.M. Scanlon ; 11. Penance, Punishment, and the Limits of Community: R.A. Duff ; Part III. Mixed Theories ; Introduction to Part III ; 12. Prolegomenon to the Principles of Punishment: H.L.A. Hart ; 13. Proportionate Sentences: A Desert Perspective: Andrew von Hirsch ; 14. Proportionality, Parsimony, and Interchangeability of Punishments: Michael Tonry ; 15. Sentencing and Punishment in Finland: The Decline of the Repressive Ideal: Tapio Lappi-Seppala ; 16. Limiting Retributivism: Richard Frase ; 17. Limiting Excessive Prison Sentencing: Richard Frase ; Part IV. Emotion, Intuition, Determinism, and Punishment ; Introduction to Part IV ; 18. Morality and the Retributive Emotions: J.L. Mackie ; 19. The Role of Moral Philosophers in the Competition between Deontological and Empirical Desert: Paul H. Robinson ; 20. For the Law, Neuroscience Changes Nothing and Everything: Joshua Greene and Jonathan Cohen ; Part V. Restorative Theories ; Introduction to Part V ; 21. Restoration in Youth Justice: Lode Walgrave ; 22. In Search of Restorative Jurisprudence: John Braithwaite ; 23. The Virtues of Restorative Processes, the Vices of 'Restorative Justice': Paul H. Robinson ; 24. Restorative Punishment and Punitive Restoration: R.A. Duff ; Part VI. Functionalist Theories ; Introduction to Part VI ; 25. From Slavery to Mass Incarceration: Rethinking the 'Race Question' in the US: Loic Wacquant ; 26. Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice: Georg Rusche ; 27. Rules for the Distinction of the Normal from the Pathological: Emile Durkheim ; 28. The Carceral: Michel Foucault
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