Punishment and Freedom
Series: Oxford Monographs on Criminal Law and Justice;
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Product details:
- Publisher OUP Oxford
- Date of Publication 16 July 2009
- ISBN 9780199207251
- Binding Hardback
- No. of pages360 pages
- Size 241x163x24 mm
- Weight 695 g
- Language English 0
Categories
Short description:
The book provides a novel theory of the criminal law that focuses, not on when it is appropriate to blame and make suffer an individual character, but on when it is legitimate to deprive a free agent of its liberty and on how it is possible to reconcile punishment with individual freedom.
MoreLong description:
This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a
free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of
penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
Punishment and Freedom is an original, sophisticated and ambitious piece that confronts many of the most influential theories of the criminal law in the Anglo-American tradition. It deserves a serious reading by anyone working in legal and political philosophy.
Table of Contents:
Introduction
Punishment
Culpable Mind
Culpable Action
Responsibility for Harm
Liability for Public Welfare Offences
Justification
Excuse
Detention After Acquittal
The Unity of the Penal Law
Conclusion
Bibliography
Index
