NCJ Number
12452
Date Published
1973
Length
246 pages
Annotation
PHILOSOPHICAL ESSAYS ON PUNISHMENT FROM MULTIPLE PERSPECTIVES EMPHASIZING ITS JUSTIFICATION AND ALTERNATIVES, AND PROBLEMS OF THERAPEUTIC REHABILITATION.
Abstract
AN INITIAL ESSAY PROVIDES A COMPREHENSIVE OVERVIEW OF PUNISHMENT AS A PHILOSOPHICAL PROBLEM. ESSAYS BY KANT AND MORRIS PRESENT THE RETRIBUTIVE DEFENSE OF PUNISHMENT, AND ARE FOLLOWED BY WORKS PRESENTING THE UTILITARIAN THEORY. MARX'S CRITIQUE OF THE TWO THEORIES PRECEDES DISCUSSION OF TWO MODELS FOR VIEWING THE CRIMINAL PROCESS (THE DUE PROCESS AND CRIME CONTROL MODELS). ESSAYS BY KARPMAN, MENNINGER, SKINNER AND WOOTTON SEEK PUNISHMENT ALTERNATIVES, ADVOCATING SUCH ALTERNATIVES AS THERAPY, AN EMPIRICAL APPROACH (CONDITIONING), OR A STRICT LIABILITY SYSTEM OF CRIMINAL LAW. THREE AUTHORS MOUNT A CASE AGAINST USE OF THERAPEUTIC REHABILITATION AS A TOTAL RESPONSE TO CRIME ON THE BASIS OF VARIOUS POLITICAL, MORAL, IDEOLOGICAL AND PROCEDURAL OBJECTIONS. A FINAL ESSAY PRESENTS A DEFENSE OF THE IDEAL OF THERAPEUTIC REHABILITATION. (AUTHOR ABSTRACT MODIFIED)