Cambridge University Press (2021)

Authors
Gregg D. Caruso
Corning Community College
Abstract
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.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Buy this book $27.30 new (17% off)   $33.35 used   Amazon page
ISBN(s) 9781108484701   1108484700   1108723489
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 71,259
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Tragic Choices and the Virtue of Techno-Responsibility Gaps.John Danaher - 2022 - Philosophy and Technology 35 (2):1-26.

View all 9 citations / Add more citations

Similar books and articles

The Wrong of Mass Punishment.Hamish Stewart - 2018 - Criminal Law and Philosophy 12 (1):45-57.
Retributivism and Fallible Systems of Punishment.George Schedler - 2011 - Criminal Justice Ethics 30 (3):240-266.
Reciprocity as a Justification for Retributivism.Jami L. Anderson - 1997 - Criminal Justice Ethics 16 (1):13-25.
Retributivism Revisited.Nathan Hanna - 2014 - Philosophical Studies 167 (2):473-484.
Desert of What? On Murphy’s Reluctant Retributivism.Linda Radzik - 2017 - Criminal Law and Philosophy 11 (1):161-173.
A Hegelian Theory of Punishment.Jami L. Anderson - 1999 - Legal Theory 5 (4):363-388.
Misguided Retribution: The Criminalization of Pregnant Women Who Take Drugs.Vicki Toscano - 2002 - Dissertation, State University of New York at Buffalo

Analytics

Added to PP index
2020-11-09

Total views
31 ( #370,717 of 2,518,487 )

Recent downloads (6 months)
13 ( #58,447 of 2,518,487 )

How can I increase my downloads?

Downloads

My notes