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Criminal Law Without Punishment : How Our Society Might Benefit From Abolishing Punitive Sanctions / Valerij Zisman.

By: Material type: TextTextSeries: Practical Philosophy ; 25Publisher: Berlin ; Boston : De Gruyter, [2023]Copyright date: ©2023Description: 1 online resource (IX, 233 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9783111027753
  • 9783111028026
  • 9783111027821
Subject(s): DDC classification:
  • 364.601 23
LOC classification:
  • K5103 .Z57 2023
Other classification:
  • online - DeGruyter
Online resources: Available additional physical forms:
  • Issued also in print.
Contents:
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
Summary: 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.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9783111027821

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 online access with authorization star

http://purl.org/coar/access_right/c_16ec

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.

Issued also in print.

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 02. Jun 2024)