
In this fresh look at our justifications for punishment, Walker argues that the modern retributive theory of punishment has not solved the problems of the classical utilitarian approach, and has indeed created new ones of its own. Having researched these problems and discussed them with judges, magistrates, jurists, philosophers, and prisoners, he distinguishes rhetoric from hard reasoning and shows that attempts at intellectual compromises between utilitarians and retributivists do not stand up to close examination. The book also deals with aspects normally left to theologians, such as remorse and forgiveness, and with the humanitarian movement.
This book investigates the logical and ethical justifications for state-sanctioned punishment by evaluating the failures of both retributive and utilitarian theories. Nigel Walker, a noted criminologist, utilizes his extensive research and interdisciplinary dialogues with legal professionals, philosophers, and incarcerated individuals to deconstruct common arguments for penal systems. He posits that current intellectual compromises between competing theories of justice are fundamentally flawed and fail to address the practical realities of the penal system.
What You Will Find
Scope Limits
Experts recognize this text as a rigorous examination of the philosophical underpinnings of criminal justice. Readers frequently note the analytical density of the prose, which challenges standard assumptions about why societies choose to punish offenders.
Page Count:
192
Publication Date:
1991-09-26
Publisher:
Oxford University Press
ISBN-10:
0192892193
ISBN-13:
9780192892195
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