The case against punishment : retribution, crime prevention, and the law / Deirdre Golash.

Format:

Book

Author/Creator:

Golash, Deirdre.

Language:

English

Subjects (All):

Punishment.

Physical Description:

1 online resource (230 p.)

Edition:

1st ed.

Place of Publication:

New York : New York University Press, c2005.

Language Note:

English

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.

Contents:

The Case Against Punishment

Front matter

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?

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

II. Pure Retributivism

III. Retributive Punishment as Promoting Social Control

IV. Restitution

5 Punishment as Self-Defense

II. What Justifies Self-Defense?

III. Conclusion

6 Punishment as Communication

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?

II. Crime Prevention

III. Responding to Unprevented Crimes

Notes

Bibliography

Index

About the Author

Notes:

Description based upon print version of record.

Includes bibliographical references (p. 173-210) and index.

ISBN:

0-8147-3329-8

1-4294-1411-1

OCLC:

782877946