Why punish? : an introduction to the philosophy of punishment

목차 (Table of Contents)

• CONTENTS
• Acknowledgements = xi
• 1 Introduction = 1
• What Is the Philosophy of Punishment? = 2
• Definition of Punishment = 3
• Justification of Punishment = 4
• Why Punish? = 7
• The Sociological Inquiry = 7
• The Political Inquiry = 7
• The Ethical Inquiry = 8
• Punishment as a Topic in Moral Philosophy = 9
• About This Book = 10
• Further Reading = 12
• 2 The Origins and Meanings of Punishment = 13
• The Retributive Emotions = 14
• Concept capsule : Retribution = 15
• Hard Treatment and Censure = 16
• Punishment and Religion = 17
• Punishment, Myths and Stories = 20
• Punishment, Psychology and Upbringing = 21
• Concept capsule : Punishment and responsibility = 24
• Revenge, Expulsion and Reconciliation = 25
• Punishment, Authority and the State = 27
• Concept capsule : Punishment and legitimacy = 30
• Punishment and Emotions = 32
• Concept capsule : Punishment, loyalty and the collective conscience = 34
• Conclusions = 35
• Further Reading = 38
• 3 The Purposes and Effects of Punishment = 39
• Uses, Purposes and Functions = 40
• Penal Policy and Practice = 41
• Why Punish? The Stories of Punishment = 44
• Controlling Crime = 44
• Concept capsule : The stories of punishment = 45
• Vindicating Victims = 47
• Righting Wrongs = 48
• Influences on Policy and Practice = 48
• Political Economy = 48
• Culture = 50
• Party Politics, Public Opinion and Punitiveness = 51
• Concept capsule : Punitiveness = 52
• Bureaucracy and Technology = 54
• Punishment, Markets and Commerce = 55
• Conclusions = 57
• Concept capsule : Policies, principles and outcomes = 58
• Further Reading = 59
• 4 Retribution = 60
• Retributive Theory = 60
• Concept capsule : Deontological ethics = 62
• Realising Retribution in Practice = 64
• Harm = 65
• Culpability = 67
• Concept capsule : Mitigation and aggravation = 68
• Impact of the Punishment = 71
• Concept capsule : Consistency and justice = 75
• Previous Convictions = 76
• Remorse, Retribution and Censure = 78
• Conclusions = 81
• Further Reading = 82
• 5 Deterrence = 83
• Deterrence = 84
• Concept capsule : Correlations and causes = 86
• The Psychology of Deterrence = 88
• Concept capsule : The reasoning criminal = 91
• The Ethics of Deterrence = 93
• Concept capsule : Utilitarianism = 94
• The Wider Consequences of Punishment = 98
• Conclusions = 99
• Further Reading = 101
• 6 Rehabilitation and Desistance = 102
• Positivism = 103
• Concept capsule : Positivism = 104
• The Rise and Fall of the Medical Model = 105
• The New Rehabilitation : What Works? = 107
• Crime and Deprivation = 110
• The Right to Rehabilitation = 112
• Concept capsule : Human rights = 112
• Desistance = 114
• Concept capsule : Desistance and offending 'careers' = 114
• The Ethics of Rehabilitation = 116
• Conclusions = 121
• Further Reading = 123
• 7 Incapacitation and Risk = 125
• The Rise of Risk-Thinking = 127
• Assessing Risk = 128
• Concept capsule : Risk = 129
• Managing Risk = 131
• Minor Occasional Offenders = 132
• Prolific Offenders = 133
• Potentially Serious Offenders = 135
• Dangerous Offenders = 136
• Concept capsule : Dangerousness = 137
• Detention for Prevention and the Question of Indeterminacy = 139
• Indeterminate Sentences = 139
• Assessing for Release = 142
• How Safe Is Safe Enough? = 143
• The Ethics of Incapacitation = 145
• Concept capsule : Moral dilemmas = 146
• Conclusions = 149
• Further Reading = 151
• 8 Restorative Justice = 152
• What Is Restorative Justice? = 153
• Restorative Justice and Reconciliation = 154
• The Deficiencies of Criminal Justice = 156
• Neglect of the Victim = 156
• No Demands on the Offender = 157
• 'Conflicts as Property' = 158
• The Failure to Repair the Harm = 159
• The Distancing of the Community = 159
• Restorative Practices - Processes and Outcomes = 160
• Remorse and Apology = 165
• Concept capsule : Apology = 166
• Restorative Justice and Reoffending = 167
• Restorative and Retributive Justice = 169
• Concept capsule : Censure and restorative justice = 170
• Restorative Justice and Criminal Justice = 171
• Restorative Justice and the Community = 173
• Conclusions = 175
• Further Reading = 176
• 9 The Limits and Perils of Punishment = 177
• Social Order and the Limits of Punishment = 177
• Crimes, Criminalisation and 'Deplorable Acts' = 180
• The Effects of Punishment = 185
• Concept capsule : Dispersal of discipline = 187
• The Contagions of Punishment = 190
• Concept capsule : `Othering' = 191
• Good Lives, Good Societies = 192
• Community Justice = 194
• Concept capsule : Collective efficacy = 196
• Conclusions = 197
• Further Reading = 198
• 10 Rethinking Punishment = 199
• Changing for the Better = 199
• The Ethical Inquiry : Moral Philosophy and Punishment = 201
• Justification and Abolition = 203
• Towards Better Punishment = 205
• Law and Policy = 205
• Sentencing = 207
• Implementing Punishment = 209
• The Political Challenge = 210
• Appraising Punishment = 212
• Final Reflections = 214
• References = 215
• Index = 236