Trim: 6⅜ x 9½
978-0-7391-4996-6 • Hardback • December 2011 • $115.00 • (£88.00)
Claudio Tamburrini is a senior researcher at the Centre for Healthcare Ethics, Department of Philosophy, Stockholm University.
Jesper Ryberg is professor of ethics and philosophy of law, and head of The Research Group for Criminal Justice Ethics, Roskilde University, Denmark.
Part I. Retribution
Chapter 1: Retributivism and Recidivism
Chapter 2: Recidivist Penalties Revisited
Chapter 3: Playing Fair with Recidivists
Part II. Crime Prevention
Chapter 4: What's Wrong with Recidivist Punishment?
Chapter 5: Punishment, Self-Defense and the Recidivist Premium
Part III. Mixed Theories
Chapter 6: Previous Convictions and Proportionate Punishment
Chapter 7: Past and Present Crimes: The Role of Previous Convictions at Sentencing
Part IV. Recidivist Punishment Revisited
Chapter 8: Do Multiple and Repeat Offenders Pose a Problem for Retributive Sentencing Theory?
Chapter 9: Punishment, Criminal Record, and the Recidivist Premium
Chapter 10: Try Again, Fail Again, Fail Better
Chapter 11: Less for Recidivists? Why Retributivists have a Reason to Punish Repeat Offenders Less Harshly than First-time Offenders
Chapter 12: Soft Decapitation: A New Way of Killing Off the Offender's Guilty Mind
In Western societies, recidivist criminals often are punished more harshly than first offenders. The justification for this 'recidivist premium' poses a philosophical problem. According to jurist scholars and legal officers, when one violates the law more than once, society is justified in meting out a harsher penalty. The philosophical grounds seem to be at odds with this justification; one may justify the recidivist premium on retributive, deterrent, or communicative grounds. The problem with retribution is how to justify harsher punishment for a second crime when an individual has paid the price for the first crime. The problem with deterrence is familiar: how to prove the deterrent value of the recidivist premium or to predict which criminals are likely to recidivate. A recent communicative justification suggests that harsher punishments reflect a comment on the disregard for the criticism that the first punishment was meant to impart. This volume offers contributions by American and European philosophers, political theorists, and criminologists, selected to present both support and criticism for each philosophical justification of the recidivist premium. The arguments' sophistication and balance make this book a valuable contribution to the field. Summing Up: Recommended.
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