
In this look at justifications for punishment, the author encourages people to take an "amphibian" approach to the issues: to walk on dry land and look at the realities of sentencing and to swim in the deep waters, where moral philosophers lurk, exploring the fundamental concerns. He 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 work investigates the moral and practical justifications for state-sanctioned punishment by evaluating the tension between utilitarian and retributive theories. Nigel Walker, a distinguished criminologist, utilizes his extensive background in legal research and interdisciplinary dialogue to challenge prevailing sentencing philosophies. He argues that modern retributive frameworks fail to resolve the foundational problems inherent in classical utilitarianism, ultimately proposing a more nuanced, dual-perspective approach to penal policy.
What You Will Find
Scope Limits
Experts in the field of criminology frequently cite this text for its clear-eyed synthesis of complex philosophical debates and practical sentencing realities. Readers often note the academic density of the prose, which serves as a foundational resource for those studying the intersection of law and moral philosophy.
Page Count:
184
Publication Date:
1991-09-26
Publisher:
Oxford University Press
ISBN-10:
019219240X
ISBN-13:
9780192192400
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