A Theory of Legal Punishment - 9780367698102

Taylor & Francis

A Theory of Legal PunishmentDeterrence, Retribution, and the Aims of the State\nAuthor(s): Matthew Altman\nFormat: Hardback\nPublisher: Taylor & Francis Ltd, United Kingdom\nImprint: Routledge\nISBN-13: 9780367698102, 978-0367698102\nSynopsis\nThis book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state.\n\nA central question in the philosophy of law is why the states punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in ter.