Punishment, Penalty, and Incapacitation
A Dignity-Respecting Model of Targeted Restrictions of Liberty for Liberal States
Series: Studies in Penal Theory and Philosophy;
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Product details:
- Publisher OUP USA
- Date of Publication 23 June 2026
- ISBN 9780199325795
- Binding Hardback
- No. of pages408 pages
- Size 240x167x36 mm
- Weight 653 g
- Language English 700
Categories
Short description:
A foundational inquiry into how liberal states can justify detention and other targeted restrictions of liberty, Punishment, Penalty, and Incapacitation identifies four distinct justifications to develop a normative model for restricting liberty for the sake of security.
MoreLong description:
Detention is among the most controversial and complex powers a state can exercise over an individual, raising the fundamental question: how can a liberal state justify restricting the liberty of certain individuals for the security of others, while still upholding the dignity of those whose freedom is curtailed?
Punishment, Penalty, and Incapacitation seeks to answer that question by distinguishing four types of justification for targeted restrictions of liberty: deserved punishment, forfeiture of rights, enforceable duties to self-restrict, and lack of accountability. This book maintains that targeted restrictions of liberty must appeal to one of the four justifications listed above, and that each type of justification imposes characteristic limits on the way restrictions can operate.
Drawing on a wide range of legal and political sources, this book offers a foundational inquiry into the theory of detention and other targeted limits on liberty, and develops a rigorous model for their justification in liberal democratic states.
08/12/2025
Table of Contents:
Part I. Introduction and Moral Background
Introduction
Methodological Commitments and Foundational Ideas
A Dignity-Respecting Model of Rights for Liberal States
In Defense of the Presumption of Law Abidingness
Part II. Criminal Law
Criminal Law and the Retributive Idea of Deserved Punishment
An Account of Blame and Guilt as the Basis for Censure and Punishment
A Theory of Punishment as a Blaming Response to Culpable Wrongdoing
Proportionality's Constraint
Part III. The Value and Limits of the Criminal Law
Consequentialist Concerns about the Criminal Law
The Standing to Blame of an Unjust State
The Restorative Justice Alternative to Punishment
The Straitjacket of Proportional Punishment
Part IV. Penal Law
Overview of the Penal Law
A Theory of Forfeiture
Doctrinal Basics for the Penal Law
Part V. Incapacitation
Forfeiture of the Presumption of Law Abidingness
The Duty to Accept Restrictions for the Sake of Others
Pretrial Detention: A Case Study
Limited Accountability: Intrinsic
Limited Accountability: Extrinsic
Conclusions
