Punishment - Philosophy

Communities

Criminal Justice - Administration Of

Table of Contents:
Introduction xi
What Is to Be Justified? xii
Theory and Practice xv
What Kind of Justification? xvi
A Brief Overview xviii
Consequentialists, Retributivists, and Abolitionists 3 (32) Pure Consequentialism and Punishment 3 (8)
The Structure of a Consequentialist Account 3 (4) Objections to Pure Consequentialism: The Rights of the Innocent 7 (1) Consequentialist Responses 8 (3) Side-Constrained Consequentialism 11 (3)
Side-Constraints and 'Negative' Retributivism 11 (2) Objections: Doing Justice to the Guilty 13 (1)
Forfeiture of Rights and Societal Defense 14 (5) Forfeiting Rights or Moral Standing 14 (2)
Punishment as Societal Defence 16 (3) Retributivist Themes and Variations 19 (11)
"The Guilty Deserve to Suffer" 20 (1) The Removal of Unfair Advantage 21 (2) Punitive Emotions
23 (4) Punishment as Communication 27 (3) The Abolitionist Challenge 30 (5) What Is to Be Abolished?
31 (1) Why Abolition? 32 (1) What Should Replace Punishment? 33 (2) Liberal Legal Community 35 (40) 'Liberalism' and 'Communitarianism' 36 (6) Liberalism and Punishment 36 (3) The Penal Rhetoric of 'Community' 39 (3) A Normative Idea(I) of Community 42 (6) A Model: Academic Community 42 (4)
Political Community 46 (2) 'Communitarianism' and 'Liberalism' (Again) 48 (8) Metaphysical and Normative Issues 48 (3) 'I' and 'We' 51 (2) Choice and Recognition 53 (1) Individual Goods and Shared Goods 54 (2) The Criminal Law of a Liberal Polity 56 (12) Prohibitions and Declarations 56 (3)
The Criminal Law as a Common Law 59 (1) The Concept of Crime 60 (4) The Authority of the Criminal Law 64 (2) A Limited Criminal Law 66 (2) Nonvoluntary Membership 68 (4) Responses to Crime
72 (3) Punishment, Communication, and Community 75 (56) Can Criminal Punishment Be Consistent with Liberal Community? 75 (4) Modes of Inclusion and Exclusion 75 (2) Exclusionary Punishments
77 (2) Punishment and Communication 79 (3) Communication and Expression 79 (1)
Communication and the Criminal Law 80 (2) Punishment, Communication, and Hard Treatment 82 (1)
Communication, Deterrence, and Prudential Supplements 82 (6) Communication Plus Deterrence 82 (4) Censure and Prudential Supplements 86 (2) Punishment as Purposive Communication 88 (11)
Punishment as Moral Education? 89 (3) Mediation: Civil versus Criminal 92 (4) Criminal Mediation, Punishment, and Communication 96 (3) Probation and Community Service as Communicative Punishments 99 (7) Probation as Punishment 99 (3) Extending Probation 102 (2) Community Service Orders as Public Reparation 104 (1) Combination Orders: Mediating between Community and Offender
105 (1) Punishment as Penance 106 (9) The Three 'R's of Punishment 107 (5) Who Owes What to Whom? 112 (3) Different Kinds of Offender 115 (10) The Morally Persuaded Offender 116 (1)
The Shamed Offender 117 (1) The Already Repentant Offender 118 (3) The Defiant Offender 121 (4)
Penitential Punishment and the Liberal State 125 (4) But Yet... 129 (2) Communicative Sentencing 131 (44) Punishing Proportionately 132 (11) Relative or Absolute Proportionality? 133 (2) Proportionality of What to What? 135 (2) Positive or Negative? 137 (2) Overriding or Defeasible? 139 (2) Beyond proportionality 141 (2) Punishments and Their Meanings 143 (12) Monetary Punishments 146 (2)
The Meaning of Imprisonment 148 (4) Capital Punishment 152 (3) Who Decides? 155 (9) 'Doing Justice': General versus Particular 156 (2) Negotiated Sentences? 158 (6) Criminal Record and 'Dangerous' Offenders 164 (11) The Relevance of Prior Criminal Record 167 (3) 'Dangerous' Offenders
170 (5) From Theory to Practice 175 (28) Ideal Theories and Actual Practices 175 (4) Preconditions of Criminal Punishment 179 (18) Conditions and Preconditions 179 (2) Political Obligation 181 (3)
To Whom Must I Answer? 184 (4) The Language of the Law 188 (5) Law and Community 193 (4)
Can Criminal Punishment Be Justified? 197 (6) Notes 203 (20) References 223 (18)
Index 241