A Theory of Legal Punishment: Deterrence, Retribution, and the Aims of the State

Author:   Matthew Altman
Publisher:   Taylor & Francis Ltd
ISBN:  

9780367698102


Pages:   300
Publication Date:   06 May 2021
Format:   Hardback
Availability:   In Print   Availability explained
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A Theory of Legal Punishment: Deterrence, Retribution, and the Aims of the State


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Author:   Matthew Altman
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.566kg
ISBN:  

9780367698102


ISBN 10:   0367698102
Pages:   300
Publication Date:   06 May 2021
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Part I Defining Punishment 1 Crimes and Burdens Part II Normative Foundations 2 Preserving the Public Order: A Defense of Consequentialism 3 The Rational and the Reasonable 4 Expressing Resentment: A Defense of Retributivism 5 The Two-Tiered Model of Punishment Part III Three Arguments 6 The Epistemic Argument 7 The Compatibilist Argument 8 The Moral Argument Part IV Decision Procedure 9 In Defense of Criminology 10 On Proportionality 11 Jury Nullification and Reflective Equilibrium Part V Applications 12 Consequences of Capital Punishment 13 Retribution and Restorative Justice

Reviews

Philosophers will enjoy this book for its interdisciplinary insights and thoughtful analysis, but we non-philosopher workers in the criminal law orchard will be thrilled to have the book's accessible insights into solving the real world problems of both doing justice and fighting crime. Not many books of philosophy can provide such a real contribution to making the criminal law better. - Paul H. Robinson, Colin S. Diver Professor of Law, University of Pennsylvania. Professor Altman brings fresh insight to the debate between consequentialist and retributivist theories of punishment by highlighting how important it is to consider the institutional actor imposing punishment. Altman's two-tiered model explains why legislative and judicial actors should be viewed through different lenses. This is the rare book that speaks both to those interested in the philosophy of punishment and those concerned with practical questions of institutional design in an age of mass incarceration. - Rachel Barkow, Vice Dean and Professor, NYU School of Law; and author of Prisoners of Politics: Breaking the Cycle of Mass Incarceration. Political discourse on the merits of criminal sanction policies is invariably argued in consequentialist terms - the sanction's crime-prevention benefits and the social cost of the sanction - without consideration of the justness of punishment for the crime committed. The result far too often is tragic miscarriages of justice. Altman's fine book offers a two-tiered system to remedy this myopia. If legislatures and the courts follow his lead, the punishment can fit the crime. - Daniel S. Nagin, Teresa and H. John Heinz III University Professor of Public Policy and Statistics, Carnegie Mellon University.


Author Information

Matthew C. Altman is Professor of Philosophy at Central Washington University, USA. He is the author of A Companion to Kant’s “Critique of Pure Reason” (2008) and Kant and Applied Ethics (2011), coauthor of The Fractured Self in Freud and German Philosophy (2013), editor of The Palgrave Handbook of German Idealism (2014) and The Palgrave Kant Handbook (2017), and series editor of Palgrave Handbooks in German Idealism and Palgrave Handbooks in the Philosophy of Law. He has also published numerous articles on applied ethics, philosophy of law, and the history of philosophy.

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