Abstract
Matthew Altman’s A Theory of Legal Punishments sets forth a thorough,
systematic account of punishment that relies on both a consequentialist
and a retributivist justification of punishment.
Preferring the term ‘‘two-tiered model’’ to ‘‘mixed theory,’’ Altman
argues that the legislature should employ consequentialist aims
while the judiciary should operate with a retributivist purpose. The
legislature should define classes of criminal acts and set out ranges of
punishment for each class of crime based on the punishment’s ability
to maintain public order. In contrast, after determining guilt, the
judiciary should assign an individual punishment within the legislatively
determined range based on the goal of expressing appropriate
resentment. Far from an abstract theory, the two-tiered model
laudably aims at being action guiding for policymakers. Altman ends
the book by explaining why his model calls for death penalty abolition
and supports exploratory implementation of restorative justice
practices within existing punishment institutions.