Criminal Law and Philosophy 10 (3):611-628 (2016)
Authors |
|
Abstract |
Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set of rules and behaviors that constitute the practice of legal punishment cannot persuasively be unified and coherent: legitimate features of the practice advance goals and promote values that in some cases conflict.
|
Keywords | Retribution Utilitarianism Punitive restoration Punishment Rehabilitation Stakeholder theory Hegel Negative retributivism |
Categories | (categorize this paper) |
ISBN(s) | |
DOI | 10.1007/s11572-014-9314-5 |
Options |
![]() ![]() ![]() ![]() |
Download options
References found in this work BETA
View all 18 references / Add more references
Citations of this work BETA
In Defence of Punishment and the Unified Theory of Punishment: A Reply.Thom Brooks - 2016 - Criminal Law and Philosophy 10 (3):629-638.
Similar books and articles
In Defence of Punishment and the Unified Theory of Punishment: A Reply.Thom Brooks - 2016 - Criminal Law and Philosophy 10 (3):629-638.
The Complexity of the Concepts of Punishment.H. J. McGloskey - 1962 - Philosophy 37 (142):307 - 325.
The Rise and Fall of the Mixed Theory of Punishment.Whitley Kaufman - 2008 - International Journal of Applied Philosophy 22 (1):37-57.
Should We Punish a Remorseful Offender? Punishment Within a Theory of Symbolic Restoration.Tine0 Vandendriessche - 2014 - South African Journal of Philosophy 33 (2):113-119.
Punishment Theory’s Golden Half Century: A Survey of Developments From 1957 to 2007. [REVIEW]Michael Davis - 2009 - The Journal of Ethics 13 (1):73 - 100.
Middle Way in the Philosophy of Punishment (in Serbo-Croatian).Igor Primorac - 1987 - Filozofska Istrazivanja:261-282.
Analytics
Added to PP index
2014-05-11
Total views
397 ( #25,136 of 2,507,562 )
Recent downloads (6 months)
22 ( #40,110 of 2,507,562 )
2014-05-11
Total views
397 ( #25,136 of 2,507,562 )
Recent downloads (6 months)
22 ( #40,110 of 2,507,562 )
How can I increase my downloads?
Downloads