Rejecting retributivism : free will, punishment, and criminal justice / Gregg D. Caruso.
2021
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Author
Title
Rejecting retributivism : free will, punishment, and criminal justice / Gregg D. Caruso.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021.
Description
1 online resource (ix, 389 pages) : digital, PDF file(s).
Series
Law and the cognitive sciences.
Formatted Contents Note
Free will, legal punishment, and retributivism
Free will skepticism : hard Incompatibilism and hard luck
The epistemic argument against retributivism
Additional reasons for rejecting retributivism
Consequentialist, educational, and mixed theories of punishment
Public health-quarantine model I : a non-retributive approach to criminal behavior
Public health-quarantine model II : the social determinants of health & criminal behavior
Public health-quarantine model III : human dignity, victims' rights, rehabilitation, and preemptive incapacitation
Public health-quarantine model IV : punishment, deterrence, evidentiary standards, and indefinite detention.
Free will skepticism : hard Incompatibilism and hard luck
The epistemic argument against retributivism
Additional reasons for rejecting retributivism
Consequentialist, educational, and mixed theories of punishment
Public health-quarantine model I : a non-retributive approach to criminal behavior
Public health-quarantine model II : the social determinants of health & criminal behavior
Public health-quarantine model III : human dignity, victims' rights, rehabilitation, and preemptive incapacitation
Public health-quarantine model IV : punishment, deterrence, evidentiary standards, and indefinite detention.
Summary
Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of free will and moral responsibility needed to justify this view of punishment. While a number of alternatives to retributivism exist - including consequentialist deterrence, educational, and communicative theories - they have ethical problems of their own. Moving beyond existing theories, Caruso presents a new non-retributive approach called the public health-quarantine model. In stark contrast to retributivism, the public health-quarantine model provides a more human, holistic, and effective approach to dealing with criminal behavior.
Note
Title from publisher's bibliographic system (viewed on 07 May 2021).
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781108689304 (ebook)
9781108484701 (hardback)
9781108723480 (paperback)
9781108484701 (hardback)
9781108723480 (paperback)
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