The Rationale of Punishment

The Rationale of Punishment

by Jeremy Bentham, Etienne Dumont


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Product Details

ISBN-13: 9780344216770
Publisher: Franklin Classics Trade Press
Publication date: 10/25/2018
Pages: 454
Product dimensions: 6.14(w) x 9.21(h) x 0.92(d)

About the Author

James T. McHugh (Chicago, IL) is a professor in the Department of Political Science and Public Administration and director of the Legal Studies Program at Roosevelt University. He is the author of four books, including The Essential Concept of Law.

Table of Contents

Editor's Introduction 11

A Timely Reassessment 11

An Overlooked and Underappreciated Treatise 12

An Indirect Collaboration 15

The Hedonic Critique and a Utilitarian Theory and "Tone" of Legal Justice 18

Punishment as an Intrinsic Evil 32

Proportionality and the Goal of Eliminating the Need for Punishment 35

Penal Policy and the Ideal Goal of the Ultimate Reduction of All Pain 40

Conclusion 41

Advertisement 43

Book I General Principles

Chapter I Definitions and Distinctions 49

Chapter II Classification 59

Chapter III Of the Ends of Punishment 61

Chapter IV Cases Unmeet for Punishment 63

Chapter V Expense of Punishment 66

Chapter VI Measure of Punishment 69

Chapter VII Of the Properties to Be Given to a Lot of Punishment 76

Chapter VIII Of Analogy between Crimes and Punishments 86

Chapter IX Of Retaliation 92

Chapter X Popularity 95

Book II Of Corporal Punishments

Chapter I Simple Afflictive Punishments 101

Chapter II Of Complex Afflictive Punishments 107

Chapter III Of Restrictive Punishments-Territorial Confinement 116

Chapter IV Imprisonment 118

Chapter V Imprisonment-Fees 123

Chapter VI Imprisonment Examined 125

Chapter VII General Scheme of Imprisonment 136

Chapter VIII Of Other Species of Territorial Confinement-Quasi-Imprisonment-Relegation-Banishment 141

Chapter IX Of Simply Restrictive Punishments 149

Chapter X Of Active or Labourious Punishment 153

Chapter XI Capital Punishment 161

Chapter XII Capital Punishment Examined 167

Book III Of Private Punishments, or Forfeitures

Chapter I Punishment Analyzed 183

Chapter II Of the Punishments Belonging to the Moral Sanction 187

Chapter III Forfeiture of Reputation198

Chapter IV Of Pecuniary Forfeitures 216

Chapter V Forfeiture of Condition 221

Chapter VI Forfeiture of the Protection of the Law 230

Book IV Of the Proper Seat of Punishment: Or Say, of Mis-Seated Punishment

Section 1 Naturally Extravasting Punishment-Rules Concerning It 236

Section 2 Punishment Apparently, But Not Really Mis-Seated-Civil Responsibility 238

Section 3 Mis-Seated Punishment, Varieties of 239

Section 4 Vicarious Punishment 240

Section 5 Transitive Punishment 243

Section 6 Disadvantages of This Mode of Punishment 247

Section 7 Collective Punishments 248

Section 8 Random Punishment 251

Section 9 Cause of the Frequency of Mis-Seated Punishment 260

Book V Of Complex Punishments

Chapter I Inconveniences of Complex Punishments 263

Chapter II Of Transportation 265

Chapter III Panopticon Penitentiary 279

Chapter IV Felony 290

Chapter V Of Praemunire 306

Chapter VI Outlawry 308

Chapter VII Excommunication 312

Book VI Miscellaneous Topics

Chapter I Choice of Punishments-Latitude to Be Allowed to the Judges 319

Chapter II Of Subsidiary Punishments 321

Chapter III Of Surety for Good Conduct 325

Chapter IV Defeazance of Punishment 328

Notes 339

Bibliography 423

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