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Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide.
Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first critical guide to examine all leading contemporary theories of punishment, this book explores – among others – the communicative theory of punishment, restorative justice, and the unified theory of punishment. Thom Brooks examines several case studies in detail, including capital punishment, juvenile offending, and domestic abuse. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking.
Punishment is a textbook designed to introduce both undergraduate and postgraduate students to the topic of punishment. It will be essential for undergraduate students in: philosophy, criminal justice, criminology, justice studies, law, politics, and sociology.
- Sales Rank: #1054222 in Books
- Brand: Brand: Routledge
- Published on: 2013-01-12
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x 6.00" w x 1.00" l, .0 pounds
- Binding: Paperback
- 296 pages
Features
- Used Book in Good Condition
Review
"Lucid, fair-minded, and well-informed, Thom Brooks’ Punishment offers a superb introduction to a complex and contentious subject. Many a perplexed student will find illumination in his patient discussion of each of the leading theories. The way Brooks shows their interconnectedness and application in practice – to capital punishment, juvenile offenders, domestic violence, and the like – will interest not only students but scholars as well."
―Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law
�"As a topic in moral and political philosophy, punishment has been jolted back to life. In the last quarter century, retribution has returned with a vengeance, both in the theoretical literature and (with a very different emphasis) in public policy. The rise of the victim as a player in the criminal justice system has also fuelled a counter-trend, placing an emphasis on redress. Human rights, privatization, globalization, the rise of the therapist, the lobbyist, the terrorist: all have affected our ways of punishing and of thinking about punishment. A new survey of the terrain is overdue. And who better to conduct it than Thom Brooks, whose grasp of the literature and feel for the issues is second to none? From the noble ideals of ‘communicative’ theory to the grim realities of children in prison: in Punishment Brooks covers it all with insight, rigour, and energy."
―John Gardner, Professor of Jurisprudence, University of Oxford
�"Thom Brooks has produced a valuable introduction to, and critical survey of, current theoretical approaches to punishment together with an analysis of their implications for practice. In addition, he has provided a spirited defence of a new, unified theory inspired by the British Idealists and encompassing retributive, consequentialist, and restorative elements. Written in a lucid and engaging style, the book will interest a wide range of readers – students, theorists of punishment, as well as those engaged in criminal justice policy."
―Alan Brudner, Albert Abel Professor Emeritus, Faculty of Law, University of Toronto
"Thom Brooks’ Punishment is a rare thing: a book about a complex and important topic that is both of interest for experts and accessible to non-experts."
―Andrew Cornford, Lecturer in Criminal Law, The University Of Edinburgh, in Criminal Law and Criminal Justice Books.
"This book has the ability to speak to a wide audience about the theoretical and practical issues surrounding the discussion of punishment. It’s illustration of the application of general and hybrid theories to case studies of different types of crime allows the reader to understand how such theories can be applied and discussed in practice in contemporary western society." ― Helen Nichols, Prison Service Journal
About the Author
Thom Brooks is�Professor of�Law and Government & Associate in Philosophy�at�Durham University. He is the editor and founder of the Journal of Moral Philosophy.
Most helpful customer reviews
3 of 3 people found the following review helpful.
Interesting, often novel, and useful (4.5 stars)
By A Reader
Thom Brooks' book _Punishment_ is an interesting, often novel, and very useful contribution to the philosophical literature on punishment. It is useful both in its clear and fair discussion of rival theories and approaches to punishment, and in its discussion of how Brooks' own "unified" theory of punishment would apply, and have practical implication, in a number of areas of criminal law. (Brooks considers capital punishment, juvenile offenders, domestic abuse, and sexual crimes.) Much legal philosophy, even philosophy of criminal law, is quite abstract, so it was useful and interesting to see Brooks apply his account to concrete and important problems, including some that are often overlooked by philosophers. This is perhaps especially likely to make the book attractive to students, but its of use to "professionals", too.
Three aspects of the book stuck out to me as particularly novel and interesting. First, Brooks' own account of punishment, his so-called "unified theory". This is distinct from traditional retributivist and deterrence approaches, and attempts to include aspects of both, as well as other desirable elements. I'll admit that I wasn't completely convinced that the approach worked, but it's an important new view that should be considered by people working in the field. The second novel element was the use of ideas drawn from the British Idealists. This once-dominant school of thought was largely forgotten for several decades, but is now making a come-back, with many important philosophers drawing on and making use of their work. Brooks is a leader in this area, and this book makes an important contribution to the claim for continuing relevance for the British Idealists. Finally, and most interestingly to me, Brooks develops a notion of "stakeholding" that he uses to explain how punishment theory fits into a larger political theory. As he says, "The idea of a the stakeholder society is the idea that each individual citizens believes he or she has some significant stake in the political community and its continuation." This idea, which is at least partially distinct from Brooks' "unified theory" of punishment, suggests an important way to think about the function and goal of punishment and the criminal law in general. I think it is likely to be highly fruitful and useful for people working in the field, whether they accept Brooks' larger view or not.
The book isn't perfect, and if it were possible on Amazon I'd give it 4.5 starts. Most of my complaints are minor. The discussion of Hart and Rawls is generally very good, though I' m not convinced it gives quite the right weight to some distinctions Hart makes. (I think almost no one gets this quite right, so it's not a big drawback here.) While the discussion of restorative justice was very interesting and moved the debate further, I wasn't convinced that the potential serious drawbacks of community involvement were taken as seriously as I would have liked them to be. But, these are relatively minor flaws in a book that is fairly short. It's a very well done work deserving of serious consideration by both students and punishment theory professionals.
2 of 2 people found the following review helpful.
An Indispensable Work on the Topic of Punishment
By V. Alan White
Thom Brooks is an Anglo-American philosopher of law and politics at Durham University in the United Kingdom who seeks in his work to exemplify the very best of academia both in scholarly excellence and practical impact. This book superbly embodies both. This monograph on the judicial concept of punishment is a model of spare and clear prose allied with carefully constructed and richly cited reasoning as well as a nuanced pronouncement on the topic that deserves careful study by those involved in constructing public policy and the judiciary itself. As someone involved with the law community (I serve on a district committee of the Wisconsin Office of Lawyer Regulation) I have recommended it to lawyers and bench judges with good feedback. It is an excellent book on the meaning of the applications of punishment, and deserves to be cast centrally in the ongoing debate of the concept of punishment and its function in society.
After a thorough introduction to the topic of the book, wherein Brooks wisely embraces a broad definition of punishment as "the response to crime," he deftly surveys the classic theories of punishment in scholarly and critical detail. Retributive, deterrent, rehabilitative, expressivist, and restorative theories are considered, along with one of his own, which he dubs "a unified theory of punishment," recently recognized by Research Councils UK as one of the 100 "Big Ideas" for the future. The rest of the book carefully compares and contrasts the various theories against some of the thorniest kinds of cases of punishment: capital punishment, juvenile offenders, domestic abuse, and sexual crimes (sexual assault on adults and children). This latter portion of the book is particularly relevant to discussions of punishment as a matter of public policy as it is bolstered by plentiful references to empirical data to support various points and criticisms. Certainly the backbone strength of this book is that while it is a detailed and sweeping philosophical examination of its topic, it always remains in touch with real-life data to constrain speculation.
Brooks' unified theory deserves special consideration by the reader. He is careful to distinguish it from hybrid views that attempt to combine various classic theories and defends it from the charge it is merely a pragmatic hodgepodge of different goals of punishment. Its inspiration is from diverse sources, including Hegel, the British Idealists, and particularly the American Law Institute's Model Penal Code of 1962 (and as revised later). What the unified theory attempts to do is provide a sorely-lacking theoretical support structure for the Model Code that complies closely with many of its recommendations. One important part of that theoretical structure is an emphasis on restorative justice, wherein all "stakeholders" in criminal justice--victims, offenders, and the public--attempt by a form of contractual agreement to restore damaged, disregarded, or obliterated individual rights, which Brooks places at the center of the concept of what constitutes criminal action. While restorative justice does have various difficulties (particularly heinous crimes, incorrigible offenders, victims unwilling to participate in the process, etc.), Brooks makes a good case that these can be overcome in many cases. He also makes a strong case (again backed with data) that sheerly in terms of economic costs an emphasis on restorative justice might steer many countries, particularly the US, away from the disastrous investment in prisons they are now making to house burgeoning numbers of long-term inmates. (Aside: my own state of Wisconsin presently spends more on prisons than on higher education, which is very alarming.)
Besides the obvious audience for this book--lawmakers, judges, lawyers and philosophers of law and students of such--another important group of readers I strongly recommend for this book is one I'm deeply involved in--philosophers and neuroscientists involved in action and free will theory. Too often discussions of human action in relation to moral and criminal activity are simply unaware of theories and positions on juridical responsibility and punishment beyond well-known ones like retributivism and deterrence. This excellent work will go a long way toward remedying that deficiency.
1 of 2 people found the following review helpful.
Punishment could be a good book, but it isn't
By Greg
Punishment could be a good book, but it isn't there yet. On the positive side, it does provide an accessible overview of philosophical theories of punishment. It also provides an insightful gloss on four case studies that are well worth considering. The discussion of stakeholders is very good, and sheds light on the problems that face policy-makers, and how policy can be irrational. In my view, this is the strongest aspect of the book. It is also a plus that Brooks is versed in both philosophy and public policy.
On the other hand, the level of argument is often rather glib. The discussion of retributivism is far too brief. Kant is mentioned almost parenthetically. Mill's critique is treated as a "common confusion" rather than a serious argument. Of course it is just an introduction but perhaps retribution deserves two chapters?
The chapter on Feinberg & Duff leaves the reader wondering why these views have attracted so much attention.
Brooks' "Unified Theory," is astoundingly vague and fails to express any genuine theory of punishment, at least as stated. The unifying aspect is that the word "rights" enters into any justification. Hence, punishment is justified when it is punitively proportionate to the rights violation (retribution), or when it deters future rights violations (deterrence), or when it is restorative of community rights (restorative justice), or rehabilitates the criminal into a rights-respecting citizen (rehabilitation theory). Is this a unified theory? Why not just accept value pluralism?
Nor is it at all clear that rights are always relevant. Brooks argues, contra Feinberg, that parking fines are a form of punishment, but he never explains how failing to deposit another dime in a timely manner violates anyone's rights. The theory implies that punishing victimless crime is unjust. I know some folks who would argue for this claim, but one would still think an argument in order, especially for mala prohibita crime.
Finally, the book is premised on the claim that all punishment is legal punishment. Talk of parents "punishing" a child, or whatnot, is loose speech or metaphor. Brooks warns that such cases can distort our intuitions about legal punishment. But even if this is true, one could distinguish between legal and nonlegal punishment. Further, there is often much we can learn from our nonlegal intuitions, especially concerning our desire to punish -- a topic not often touched on in this book. "Mom, will I be punished for this?" "No, dear, you will not be actually punished -- you'll only be `punished' in the metaphorical sense of being beaten and getting no dinner." This move might beg the question against retribution or Jean Hampton.
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