The Case Against Punishment / Edition 1

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Overview

What ends do we expect and hope to serve in punishing criminal wrongdoers? Does the punishment of offenders do more harm than good for American society? In The Case against Punishment, Deirdre Golash addresses these and other questions about the value of punishment in contemporary society.

Drawing on both empirical evidence and philosophical literature, this book argues that the harm done by punishing criminal offenders is ultimately morally unjustified. Asserting that punishment inflicts both intended and unintended harms on offenders, Golash suggests that crime can be reduced by addressing social problems correlated with high crime rates, such as income inequality and local social disorganization. Punishment may reduce crime, but in so doing, causes a comparable amount of harm to offenders. Instead, Golash suggests, we should address criminal acts through trial, conviction, and compensation to the victim, while also providing the criminal with the opportunity to reconcile with society through morally good action rather than punishment.

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Editorial Reviews

From the Publisher

“A book that can spur good discussion and stimulate critical thinking.”
-Law and Politics Book Review

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“A finely reasoned argument on the ills of punishment. . . . An informative and thought provoking read.”
-New York Law Journal

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“Philosophers of law too often assume that criminal punishment is of course justified and then argue over exactly what is the best justification for the practice—utilitarian deterrence, retribution, moral education, etc. It is important that this shared assumption be challenged and that serious consideration be given to the possibility that criminal punishment may not be justified at all. Although Professor Golash has by no means persuaded me that all criminal punishment should be totally abolished, her book is to be welcomed as an attempt to provoke serious reflection on this basic issue.”
-Jeffrie G. Murphy,Regents’ Professor of Law, Philosophy, and Religious Studies, Arizona State University

“A work of sweeping vision and profound insight. Punishment, Golash demonstrates convincingly, is wrong in itself and counterproductive as well. That her fine book closes with a thoughtful sketch of a world without punishment is a testament to the author's intellectual range and originality.”
-Robert Johnson,author of Hard Time: Understanding and Reforming the Prison

Library Journal
Golash (law, American Univ.;The Bail Reform Act of 1984) takes the provocative stance that punishment is not only useless but immoral and indefensible, regardless of one's philosophical bent. She dissects arguments made by Kant, Locke, Bentham, and Hobbes, among others, to support her argument that punishment hurts society. To her credit, the author also devotes separate well-written chapters to the essential tenets of punishment-that it preserves the social order, satisfies society's need for retribution, is a form of self-defense, and communicates society's disapproval to offenders. More philosophical and densely argued than Thane Rosenbaum's The Myth of Moral Justice: Why Our Legal System Fails To Do What's Right, which also advocates apology by offenders as a first step toward healing, this book concludes with a call for government intervention to redress income inequality, reduce poverty, support families, and emphasize restitution over jail. Recommended for academic collections.-Harry Charles, Attorney at law, St. Louis Copyright 2005 Reed Business Information.
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Product Details

  • ISBN-13: 9780814731840
  • Publisher: New York University Press
  • Publication date: 10/1/2006
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 256
  • Product dimensions: 0.52 (w) x 9.00 (h) x 6.00 (d)

Meet the Author

Deirdre Golash is associate professor in the Department of Justice, Law, and Society at American University in Washington, DC.

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Table of Contents

1 An institution in search of moral grounding 1
2 Does punishment do more good than harm? 22
3 Preserving the moral order 49
4 Retribution and social choice 72
5 Punishment as self-defense 95
6 Punishment as communication 117
7 Is punishment justified? 147
8 What if punishment is not justified? 153
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