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Limiting Retributivism and Other Hybrid Theories

Richard S. Frase

in Just Sentencing: Principles and Procedures for a Workable System

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199757862
eISBN:
9780199979547
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199757862.003.0002
Subject:
Law, Criminal Law and Criminology

Punishments require clear and convincing justification—by definition, they impose unpleasant and usually harmful consequences on offenders, and they also consume scarce public resources. Moreover, ... More


Punishment Pluralism

Michael T. Cahill

in Retributivism: Essays on Theory and Policy

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199752232
eISBN:
9780199895342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199752232.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter speculates that contemporary understandings of retribution have come to see it either as a good, or as a deontological side constraint on action, rather than as an affirmative ... More


Retributivism Has a Past: Has It a Future?

Michael Tonry (ed.)

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199798278
eISBN:
9780199919376
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199798278.001.0001
Subject:
Law, Criminal Law and Criminology

The fundamental contrast between the ideas that punishment is morally justified because people have behaved wrongly (retributivist), and that punishment is morally justified only when it has good ... More


Punishment

Thom Brooks

in Hegel's Political Philosophy: A Systematic Reading of the Philosophy of Right

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748625741
eISBN:
9780748652532
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748625741.003.0004
Subject:
Philosophy, Political Philosophy

Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of ... More


Is it Unfair to Punish Completed Crimes More than Attempts?

Gideon Yaffe

in Attempts: In the Philosophy of Action and the Criminal Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199590667
eISBN:
9780191595530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199590667.003.0013
Subject:
Philosophy, Moral Philosophy, General

Many jurisdictions punish attempts less than completed crimes. Deniers of “moral luck” especially have thought this unfair. Under a plausible expressivist theory of punishment there is “sanction ... More


Punishment

J. R. LUCAS

in Responsibility

Published in print:
1995
Published Online:
October 2011
ISBN:
9780198235781
eISBN:
9780191679117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198235781.003.0007
Subject:
Philosophy, Moral Philosophy

This chapter develops a ‘vindicative’ theory of punishment, which construes it primarily as a message to the person being punished, but overheard also and importantly by others, to the effect that ... More


Strict Moralism: Enforcing True Morality

Joel Feinberg

in The Moral Limits of the Criminal Law Volume 4: Harmless Wrongdoing

Published in print:
1990
Published Online:
November 2003
ISBN:
9780195064704
eISBN:
9780199833207
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195064704.003.0004
Subject:
Philosophy, Moral Philosophy

Feinberg's target here is the strict legal moralist, who defends (1) true morality (the set of rational norms that apply equally to all peoples) (2) a retributive theory of punishment, and (3) the ... More


Drug Treatment Courts as Communicative Punishment

Michael M. O’Hear

in Retributivism Has a Past: Has It a Future?

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199798278
eISBN:
9780199919376
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199798278.003.0012
Subject:
Law, Criminal Law and Criminology

This chapter shows how drug court seems, in some respects, a more communicatively appropriate response to drug offenses than the conventional penal alternatives (simple incarceration and straight ... More


Enforcers’ Theories of Compliance and Punishment

Keith Hawkins

in Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199243891
eISBN:
9780191714184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243891.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter begins with an analysis of decision-makers' frames: how they make sense of the problems they encounter, what they define as relevant, and how they reason about them. Framing is a ... More


The Rhetoric of Criminal Law: Sloganism and Other Coping Mechanisms

Markus D. Dubber

in The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198744290
eISBN:
9780191805752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198744290.003.0003
Subject:
Law, Criminal Law and Criminology

Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book ... More


Theories of Criminalization and the Limits of Criminal Law: A Legal Cultural Approach

Kimmo Nuotio

in The Boundaries of the Criminal Law

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199600557
eISBN:
9780191729171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600557.003.0010
Subject:
Law, Criminal Law and Criminology

In criminal law theorizing, a theory of criminalization has played only a marginal role compared to many other issues, such as the theory of punishment. Why is this the case? Do we need a specific ... More


Punishing Fairly

Richard Dagger

in Playing Fair: Political Obligation and the Problems of Punishment

Published in print:
2018
Published Online:
June 2018
ISBN:
9780199388837
eISBN:
9780199388851
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199388837.003.0008
Subject:
Political Science, Political Theory, American Politics

Philosophers tend to think of the problem of punishment as being the problem of demonstrating that it is or can be justified. Settling the question of whether punishment is justified as a practice, ... More


“It Will Help You Repent”: Why the Communicative Theory of Punishment Requires the Provision of Medications to Offenders With ADHD

William Bülow

in Neurointerventions and the Law: Regulating Human Mental Capacity

Published in print:
2020
Published Online:
June 2020
ISBN:
9780190651145
eISBN:
9780190651169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190651145.003.0011
Subject:
Neuroscience, Behavioral Neuroscience, Neuroendocrine and Autonomic

This chapter explores The question of whether prison inmates suffering from attention-deficit/hyperactivity disorder (ADHD) should be administered a psychopharmacological intervention ... More


Why Punish?

Guyora Binder

in Criminal Law

Published in print:
2016
Published Online:
August 2016
ISBN:
9780195321203
eISBN:
9780190621049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195321203.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter examines normative theories of punishment. The two familiar approaches, utilitarian and retributive, seem incompatible, but actually address different questions. Utilitarianism addresses ... More


The Triadic Relational Structure of Responsibility: A Defence

Alon Harel

in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592814
eISBN:
9780191729034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592814.003.0007
Subject:
Law, Criminal Law and Criminology

The central characteristic of responsibility as developed by Duff is the ‘triadic relational concept’ consisting of a relation between an agent A who is responsible for something X to somebody S and ... More


The Radical Orthodoxy of Hart’s Punishment and Responsibility

Malcolm Thorburn

in Foundational Texts in Modern Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199673612
eISBN:
9780191751745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673612.003.0015
Subject:
Law, Criminal Law and Criminology, Legal History

Despite its considerable fame and influence, Hart’s Punishment and Responsibility is not an especially innovative work. Still, it played a crucial role in the development of criminal law theory by ... More


PJA von Feuerbach and his Textbook of the Common Penal Law

Tatjana Hörnle

in Foundational Texts in Modern Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199673612
eISBN:
9780191751745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673612.003.0007
Subject:
Law, Criminal Law and Criminology, Legal History

PJA Feuerbach is still considered a founding father of modern criminal law science. His Textbook on penal law is a classic. One of his lasting contributions is the insistence on a strictly rational ... More


The Purloined Prisoner

Sora Y. Han

in Letters of the Law: Race and the Fantasy of Colorblindness in American Law

Published in print:
2015
Published Online:
September 2015
ISBN:
9780804789110
eISBN:
9780804795012
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804789110.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines letter writing as a formal, internally produced limit to the erosion of prisoners’ First Amendment right to expression. It details how mass incarceration and its administration ... More


The Place of Proportionality in Penal Theory: Or Rethinking Thinking about Punishment

Matt Matravers

in Of One-eyed and Toothless Miscreants: Making the Punishment Fit the Crime?

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190070595
eISBN:
9780190070625
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070595.003.0004
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The idea that the severity of punishments ought to be proportionate to the seriousness of crimes is an established and central feature of much of the literature on the justification of punishment of ... More


Penal Severity and the Modern State

Richard L. Lippke

in Of One-eyed and Toothless Miscreants: Making the Punishment Fit the Crime?

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190070595
eISBN:
9780190070625
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070595.003.0006
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Penal severity in the modern state is best understood in terms of right abridgment, which must be kept parsimonious, proportionate, and nondegrading if sanctions are to remain consistent with respect ... More


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