TY  - BOOK
AU  - Zisman,Valerij
TI  - Criminal Law Without Punishment: How Our Society Might Benefit From Abolishing Punitive Sanctions 
T2  - Practical Philosophy ,
SN  - 9783111027753
AV  - K5103 .Z57 2023
U1  - 364.601 23
PY  - 2023///]
CY  - Berlin, Boston
PB  - De Gruyter
KW  - Criminal justice, Administration of
KW  - Philosophy
KW  - Criminal law
KW  - Prison abolition movements
KW  - Punishment
KW  - Entschädigung
KW  - Ungerechtigkeit
KW  - Verbrechen
KW  - PHILOSOPHY / Political
KW  - bisacsh
KW  - compensation
KW  - crime
KW  - wrongdoing
N1  - Frontmatter --; Acknowledgment --; Contents --; Part I: The Problem of Punishment --; Chapter 1 Another “New Perspective”? --; Chapter 2 Definitions, Theses, and Method --; Part II: Backward-Looking Approaches --; Introduction --; Chapter 3 Brute Retributivism --; Chapter 4 Fairness --; Chapter 5 Penance and Censure --; Chapter 6 Victims’ Rights --; Part III: Forward-Looking Approaches --; Chapter 7 Deterrence --; Part IV: Towards a Pluralistic Theory of Corrective Justice --; Chapter 8 Weaving the Patchwork Rug --; Chapter 9 Objections to Corrective Approaches to Criminal Law --; Chapter 10 Epilogue --; References --; Index of Names --; Index of Subjects; restricted access; Issued also in print
N2  - How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such research is properly accounted for, none of the current attempts to justify criminal punishment succeed. But that does not imply that the state should do nothing about criminal wrongdoing. Rather, the arguments that were supposed to justify criminal punishment actually speak in favor of an alternative approach to criminal law: restitution to the victim and restorative justice. That is to say, the state should coerce offenders to provide restitution for the harm inflicted on victims, and whenever possible restorative approaches should be taken to address criminal wrongdoing
UR  - https://doi.org/10.1515/9783111027821
UR  - https://www.degruyter.com/isbn/9783111027821
UR  - https://www.degruyter.com/document/cover/isbn/9783111027821/original
ER  -