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

Format:

Book

Author/Creator:

Zisman, Valerij, author.

Series:

Practical philosophy ; Volume 25.

Practical Philosophy Series ; Volume 25

Language:

English

Subjects (All):

Criminal justice, Administration of--Philosophy.

Criminal justice, Administration of.

Criminal law--Philosophy.

Criminal law.

Punishment--Philosophy.

Punishment.

Physical Description:

1 online resource.

Edition:

First edition.

Place of Publication:

Berlin, Germany : Walter de Gruyter GmbH, [2023]

Summary:

"How can criminal punishment be morally justified? Valerij 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"--Publisher's description.

Contents:

Intro

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.

Notes:

Description based on online resource; title from PDF title page (viewed September 4, 2023).

Description based on print version record.

Includes bibliographical references.

ISBN:

9783111028026

9783111027821

3-11-102782-1