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The Case Against Punishment : Retribution, Crime Prevention, and the Law / Deirdre Golash.

By: Material type: TextTextPublisher: New York, NY : New York University Press, [2005]Copyright date: ©2005Description: 1 online resourceContent type:
Media type:
Carrier type:
ISBN:
  • 9780814733295
Subject(s): DDC classification:
  • 364.6
LOC classification:
  • HV8693.G65
Other classification:
  • online - DeGruyter
Online resources:
Contents:
Frontmatter -- Contents -- Acknowledgments -- 1 An Institution in Search of Moral Grounding -- I. Introduction -- II. Harms Done by Punishment -- III. Justifying the Harm of Punishment -- 2 Does Punishment Do More Good than Harm? -- I. Introduction -- II. Crime-Preventive Effects of Punishment -- III. Consideration of Alternatives -- IV. Theoretical Objections -- V. Conclusion -- 3 Preserving the Moral Order -- I. Hegel -- II. Punishment as Vindicating Victims -- III. Punishment as Expressing Justified Anger -- 4 Retribution and Social Choice -- I. Introduction -- II. Pure Retributivism -- III. Retributive Punishment as Promoting Social Control -- IV. Restitution -- V. Conclusion -- 5 Punishment as Self-Defense -- I. Introduction -- II. What Justifies Self-Defense? -- III. Conclusion -- 6 Punishment as Communication -- I. Introduction -- II. Moral Reform Theories -- III. Paternalism -- IV. Nonpaternalistic Goals -- V. Aiming at the Good of the Offender -- VI. Restoring Relationships -- VII. Moral Reform in an Ideal Society -- VIII. Conclusion -- 7 Is Punishment Justified? -- I. Crime Prevention: Doing Good by Doing Harm -- II. Harming Offenders as Good in Itself -- III. Harming Offenders for Their Own Moral Good -- IV. Conclusion -- 8 What if Punishment Is Not Justified? -- I. Introduction -- II. Crime Prevention -- III. Responding to Unprevented Crimes -- IV. Conclusion -- Notes -- Bibliography -- Index -- About the Author
Summary: What ends do we expect and hope to serve in punishing criminal wrongdoers? Does the punishment of offenders do more harm than good for American society? In The Case against Punishment, Deirdre Golash addresses these and other questions about the value of punishment in contemporary society. Drawing on both empirical evidence and philosophical literature, this book argues that the harm done by punishing criminal offenders is ultimately morally unjustified. Asserting that punishment inflicts both intended and unintended harms on offenders, Golash suggests that crime can be reduced by addressing social problems correlated with high crime rates, such as income inequality and local social disorganization. Punishment may reduce crime, but in so doing, causes a comparable amount of harm to offenders. Instead, Golash suggests, we should address criminal acts through trial, conviction, and compensation to the victim, while also providing the criminal with the opportunity to reconcile with society through morally good action rather than punishment.

Frontmatter -- Contents -- Acknowledgments -- 1 An Institution in Search of Moral Grounding -- I. Introduction -- II. Harms Done by Punishment -- III. Justifying the Harm of Punishment -- 2 Does Punishment Do More Good than Harm? -- I. Introduction -- II. Crime-Preventive Effects of Punishment -- III. Consideration of Alternatives -- IV. Theoretical Objections -- V. Conclusion -- 3 Preserving the Moral Order -- I. Hegel -- II. Punishment as Vindicating Victims -- III. Punishment as Expressing Justified Anger -- 4 Retribution and Social Choice -- I. Introduction -- II. Pure Retributivism -- III. Retributive Punishment as Promoting Social Control -- IV. Restitution -- V. Conclusion -- 5 Punishment as Self-Defense -- I. Introduction -- II. What Justifies Self-Defense? -- III. Conclusion -- 6 Punishment as Communication -- I. Introduction -- II. Moral Reform Theories -- III. Paternalism -- IV. Nonpaternalistic Goals -- V. Aiming at the Good of the Offender -- VI. Restoring Relationships -- VII. Moral Reform in an Ideal Society -- VIII. Conclusion -- 7 Is Punishment Justified? -- I. Crime Prevention: Doing Good by Doing Harm -- II. Harming Offenders as Good in Itself -- III. Harming Offenders for Their Own Moral Good -- IV. Conclusion -- 8 What if Punishment Is Not Justified? -- I. Introduction -- II. Crime Prevention -- III. Responding to Unprevented Crimes -- IV. Conclusion -- Notes -- Bibliography -- Index -- About the Author

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What ends do we expect and hope to serve in punishing criminal wrongdoers? Does the punishment of offenders do more harm than good for American society? In The Case against Punishment, Deirdre Golash addresses these and other questions about the value of punishment in contemporary society. Drawing on both empirical evidence and philosophical literature, this book argues that the harm done by punishing criminal offenders is ultimately morally unjustified. Asserting that punishment inflicts both intended and unintended harms on offenders, Golash suggests that crime can be reduced by addressing social problems correlated with high crime rates, such as income inequality and local social disorganization. Punishment may reduce crime, but in so doing, causes a comparable amount of harm to offenders. Instead, Golash suggests, we should address criminal acts through trial, conviction, and compensation to the victim, while also providing the criminal with the opportunity to reconcile with society through morally good action rather than punishment.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 06. Mrz 2024)