The Case Against Punishment
Frontmatter
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?
I. Introduction
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
I. Introduction
II. Pure Retributivism
III. Retributive Punishment as Promoting Social Control
IV. Restitution
V. Conclusion
5 Punishment as Self-Defense
I. Introduction
II. What Justifies Self-Defense?
III. Conclusion
6 Punishment as Communication
I. Introduction
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?
I. Introduction
II. Crime Prevention
III. Responding to Unprevented Crimes
IV. Conclusion
Notes
Bibliography
Index
About the Author