Should We Aim for a Unified and Coherent Theory of Punishment?: Thom Brooks: Punishment. Routledge, New York, 2012, 282 pp., ISBN 978-0-415-43181-1, 978-0-415-43182-8

Criminal Law and Philosophy 10 (3):611-628 (2016)
Download Edit this record How to cite View on PhilPapers
Abstract
Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set of rules and behaviors that constitute the practice of legal punishment cannot persuasively be unified and coherent: legitimate features of the practice advance goals and promote values that in some cases conflict.
Categories
(categorize this paper)
ISBN(s)
PhilPapers/Archive ID
TUNSWA-2
Upload history
Archival date: 2015-11-21
View other versions
Added to PP index
2014-05-11

Total views
284 ( #16,216 of 51,730 )

Recent downloads (6 months)
23 ( #25,080 of 51,730 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks on external links on PhilPapers.