Punishment Choices

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The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag.

Although Sophie's Choice by William Styron won the American Book Award for fiction, it met with some very mixed reviews. Some critics regarded the novel as bombastic and melodramatic-in short, a colossal failure. In William Styron's "Sophie's Choice," Rhoda Sirlin demonstrates that Sophie's Choice is Styron's most audacious, original, and artistically successful novel to date. First, this book will counter the many critics who have assailed the novel as anti-Semitic. Sirlin then counters the argument that Sophie's Choice is a sexist novel and that Styron and his youthful alter ego, Stingo, are misogynists. Finally, Sirlin explores the novel's powerful theme-absolute evil, showing that while insisting on the power and inextinguishability of evil in human beings and nature, Styron ultimately provides a compassionate vision of humanity struggling for meaning in an indifferent universe. Through this examination, Sirlin shows that Styron must be appreciated as one of the most audacious and humane voices in contemporary literature.

In recent decades there has been a vast increase in the use of imprisonment and penal supervision, and to many this development appears to be qualitatively as well as quantitatively different. The causes of this development, its consequences and future course form the main point of departure for the contributors to this volume, who consider the changes that have contributed to these apparently fundamental shifts in the use of punishment. In this major new book contributors from a range of disciplines provide an integrated approach to a range of questions surrounding the use of punishment: In what ways have broader social institutions and processes contributed to penal expansion? This book is the principal outcome of the Guggenheim Punishment Project which aimed for a truly interdisciplinary account of thinking about punishment, and an outcome which was general and reflective rather than specific and policy oriented, and accessible to the generalist as well as those with a specialist interest in the field.

This book summarizes and synthesizes a vast body of research on the effects of legal punishment and criminal behavior. Covering studies conducted between 1967 and 2015, Punishment and Crime evaluates the assertion that legal punishment reduces crime by investigating the impacts, both positive and negative, of legal punishment on criminal behavior, with emphasis on the effects of punitive crime control policies via the mechanisms of deterrence and incapacitation. Brion Sever and Gary Kleck, author of the renowned Point Blank: Guns and Violence in America, present a literature review on legal punishment in the United States that is unparalleled in depth and scope. This text is a must-read for students, researchers, and policymakers concerned with the fields of corrections and crime prevention.

The Rewards of Punishment describes a new social theory of norms to provide a compelling explanation why people punish. Identifying mechanisms that link interdependence with norm enforcement, it reveals how social relationships lead individuals to enforce norms, even when doing so makes little sense. This groundbreaking book tells the whole story, from ideas, to experiments, to real-world applications. In addition to addressing longstanding theoretical puzzles—such as why harmful behavior is not always punished, why individuals enforce norms in ways that actually hurt the group, why people enforce norms that benefit others rather than themselves, why groups punish behavior that has only trivial effects, and why atypical behaviors are sometimes punished and sometimes not—it explores the implications of the theory for substantive issues, including norms regulating sex, crime, and international human rights.

This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.

"Getting tough on crime" has been one of the favorite rallying cries of American politicians in the last two decades, and "getting tough" on repeat offenders has been particularly popular. "Three strikes and you're out" laws, which effectively impose a 25-years-to-life sentence at the moment of a third felony conviction, have been passed in 26 states. California's version of the "three strikes" law, enacted in 1994, was broader and more severe than measures considered or passed in any other state. Punishment and Democracy is the first examination of the actual impact this law has had. Franklin Zimring, Sam Kamin, and Gordon Hawkins look at the origins of the law in California, compare it to other crackdown laws, and analyze the data collected on crime rates in Los Angeles, San Diego, and San Francisco in the year before and the two years after the law went into effect. They show that the "three strikes" law was a significant development in criminal justice policy making, not only at the state level, but also at the national level. They conclude with an examination of the trend toward populist initiatives driving penal policy. The importance of the subject and the stature of the authors make this book required reading for policy analysts, criminal justice scholars, elected officials, and indeed any American seeking to know more about "get-tough" criminal sentencing.

One of the broadest and most balanced accounts of the capital punishment debate, The Leviathan's Choice explores the death penalty from four distinct perspectives--philosophical, theological, social science, and legal--and includes scholarly essays on both sides of the debate. An ideal reader for students and policy makers, this book is essential for everyone following the arguments surrounding the death penalty.