Theorizing Legal Punishment

This book provides a comprehensive defense of the institution of legal punishment, drawing on retributive and crime-prevention thinking. It argues that legal punishment censures convicted offenders, morally communicates with them, victims, and the broader community, and reduces future crime. It also discusses sentencing, criminal procedure, and the imposition of fees and collateral legal consequences. The book acknowledges historical deficiencies and failures but urges the retention of legal punishment institutions with modest expectations about their ultimate success. It will be of interest to those working in Legal Philosophy and Criminology.

Format: Hardback
Length: 256 pages
Publication date: 06 February 2024
Publisher: Taylor & Francis Ltd

This comprehensive book presents a compelling defense of the institution of legal punishment, drawing upon both retributive and crime-prevention perspectives. It argues that legal punishment serves as a means of censuring convicted offenders, morally communicating with them, any victims, and the broader community, while also contributing to the reduction of future crime. The book recognizes the significance of the reduction of crime in justifying the institution of legal punishment and delves into extensive discussions on how and why this is the case.

Beyond its explanation of the aims and roles of legal punishment within a mixed theory, the study dedicates separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. This approach moves beyond abstract discussions of legal punishment to provide detailed insights into the internal structure and operations of these institutions. The book also acknowledges the historical deficiencies and failures of the institution and examines the challenges they pose for punishment theorizing.

In conclusion, the book advocates for the retention of legal punishment institutions while suggesting that we should modify and improve them to ensure their effectiveness in apprehending, convicting, and punishing those who violate the law, including those who engage in serious offenses. It also explores alternative approaches to addressing crime and justice, highlighting the need for a comprehensive and balanced approach that considers the interests of all stakeholders.

Weight: 644g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032661674