Crime and Punishment
A Concise Moral Critique
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Product details:
- Publisher OUP Oxford
- Date of Publication 19 February 2015
- ISBN 9780198738091
- Binding Paperback
- No. of pages240 pages
- Size 235x157x12 mm
- Weight 358 g
- Language English 0
Categories
Short description:
Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
MoreLong description:
It is generally assumed that we are justified in punishing criminals because they have committed a morally wrongful act. Determining when criminal liability should be imposed calls for a moral assessment of the conduct in question, with criminal liability tracking as closely as possible the contours of morality. Versions of this view are frequently argued for in philosophical accounts of crime and punishment, and seem to be presumed by lawyers and policy makers working in the criminal justice system.
Challenging such assumptions, this book considers the dominant justifications of punishment and subjects them to a piercing moral critique. It argues that none overcome the objection that people who are convicted of a serious crime and sent to prison have their basic human rights violated. The institution of criminal punishment is shown to be a regrettable necessity not deserving of the moral enthusiasm it enjoys among many politicians and the popular press. From a moral point of view, punishment is entitled at best to grudging toleration.
In the course of developing the argument, the book introduces the principal issues of criminal law theory with the aim of presenting a morally enlightened perspective on crimes and why we punish them. Enforcement of the law by police, prosecutors, and courts is a matter of concern for political morality, and the principal practices of the criminal justice system are subjected to moral scrutiny. The book presents an original, engaging, and provocative approach to the philosophy of crime and punishment, challenging not only students, but a wide range of other readers to rethink the fascinating and troubling questions at the foundations of crime and punishment.
...his arguments are thought-provoking and worthwhile.
Table of Contents:
Preface
Introduction
Crime and Impunity
Sufficiently Good Reason
Taking Human Rights Seriously
Crimes as Pretexts for Improvement
Crimes as Demands for a Remedy
Punishment and Injustice
Crime, Harm, and Moral Wrong
Criminal Conduct and Its Culpability
More About Culpability
Psychoculpability
Persons and Choices
Consoling Fictions
Guilt and Convictability
The Decline of Punishment
Postscript: Reconceiving Response to Crime
Notes
Some Further References
