The Practice of Punishment

The most recent evidence of this fact is the gradual rejection of capital punishment as legitimate punishment by most western liberal ... Rather, what I am proposing is something more akin to a dialogue between theory and practice.

The Practice of Punishment

This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built. This new theory of punishment is built on the view that the central function of the law is to reduce the need to use force in the resolution of disputes. Professor Cragg argues that the proper role of sentencing and sentence administration is to sustain public confidence in the capacity of the law to fulfil that function. Sentencing and corrections should therefore be guided by principles of restorative justice. He points out that, although punishment may be an inevitable concomitant of law enforcement in general and sentencing in particular, inflicting punishment is not a legitimate objective of criminal justice. The strength and appeal of this account is that it moves well beyond the boundaries of conventional discussions. It examines punishment within the framework of policing and adjudication, analyses the relationship between punishment and sentencing, and provides a basis for evaluating correctional practices and such developments as electronic monitoring.

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The Practice of Punishment
Language: en
Pages: 272
Authors: Wesley Cragg
Categories: Philosophy
Type: BOOK - Published: 2003-09-02 - Publisher: Routledge

This study focuses on the practice of punishment, as it is inflicted by the state. The author's first-hand experience with penal reform, combined with philosophical reflection, has led him to develop a theory of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be
The Oxford History of the Prison
Language: en
Pages: 425
Authors: Norval Morris, David J. Rothman
Categories: Social Science
Type: BOOK - Published: 1998 - Publisher: Oxford University Press, USA

Ranging from ancient times to the present, a survey of the evolution of the prison explores its relationship to the history of Western criminal law and offers a look at the social world of prisoners over the centuries
Honor and Revenge: A Theory of Punishment
Language: en
Pages: 204
Authors: Whitley R.P. Kaufman
Categories: Philosophy
Type: BOOK - Published: 2012-08-28 - Publisher: Springer Science & Business Media

This book addresses the problem of justifying the institution of criminal punishment. It examines the “paradox of retribution”: the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis
Justice and Punishment
Language: en
Pages: 300
Authors: Matt Matravers
Categories: Political Science
Type: BOOK - Published: 2000-08-03 - Publisher: OUP Oxford

This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little
A Treatise on Military Law and the Practice of Courts-martial
Language: en
Pages: 377
Authors: Stephen Vincent Benét
Categories: Courts-martial and courts of inquiry
Type: BOOK - Published: 1862 - Publisher:

Books about A Treatise on Military Law and the Practice of Courts-martial