Strengths And Weaknesses Of Retributivism

The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups.

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Part I considers the underlying justifications for the imposition of punishment by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities.

This volume is dedicated to Professor Technology And Corporate Culture Hewlett Packard von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.]

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John Locke's argument, from 1689, for Divine Morality -- it's strengths and weaknesses Strengths And Weaknesses Of Retributivism.

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Related Entries 1. The Appeal of Retributive Justice The appeal of retributive justice as a theory of punishment rests in part on direct intuitive support, in part on the claim that it provides a better account of when punishment is justifiable than alternative accounts of punishment, and in part on arguments tying it to deeper moral principles. Many share the intuition that those who commit wrongful acts, especially serious crimes, should be punished even if punishing them would produce no other good. Consider, for example, being the sentencing judge for a rapist who was just convicted in your court. Suppose that he has since suffered an illness that has left him physically incapacitated so that he cannot rape again, and that he has enough money to support himself without resorting to criminal activities. Suppose that this suffices to ensure that there is no need to deter or incapacitate him to prevent him from committing serious crimes in the future.

2021-10-02

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Strengths And Weaknesses Of Retributivism

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