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Retributivism: Essays on Theory and Policy (new edited volume)

Mark D. White

Cover large Coming in April from Oxford University Press is my latest edited volume, Retributivism: Essays on Theory and Policy, featuring a dozen prominent legal scholars and philosophers presenting new interpretatations, extensions, and applications of retributivism, "broadly defined as the view that punishment is justified and motivated by considerations of justice, rights, and desert, rather than by personal or societal consequences" (from my introduction, p. xi).

UPDATE: The introduction is now posted at SSRN, courtesy of OUP.

From the description:

In Retributivism: Essays on Theory and Policy, Professor Mark D. White and his contributors offer analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or justice, rather than to serve some general social purpose. The contemporary debate over retributivist punishment has become particularly vibrant in recent years, focusing increasingly on its political and economic as well as its philosophical aspects, and also on its practical ramifications in addition to theoretical implications. The twelve chapters in this book, written by leading legal scholars and philosophers, cover the various justifications and conceptions of retributivism, its philosophical foundations (often questioning conventional understandings), and how retributivism informs actual criminal justice procedures and practices.

The table of contents is as follows (my chapter was previewed here):

Part I: Conceptualizing Retributivism

1. Retrieving Retributivism (R.A. Duff)

2. Punishment Pluralism (Michael T. Cahill)

3. What Might Retributive Justice Be? An Argument for the Confrontational Conception of Retributivism  (Dan Markel)

4. Retributive Justice and Social Cooperation (Gerald Gaus)

Part II: Philosophical Perspectives on Retributivism

5. Some Second Thoughts on Retributivism (Jeffrie G. Murphy)

6. Kant, Retributivism, and Civic Respect (Sarah Holtman)

7. Pro Tanto Retributivism: Judgment and the Balance of Principles in Criminal Justice (Mark D. White)

8. Hegel on Punishment: A More Sophisticated Retributivism (Jane Johnson)

Part III: Retributivism and Policy

9. Entrapment and Retributive Theory (Mark Tunick)

10. The Choice of Evils and the Collisions of Theory (Marc O. DeGirolami)

11. Retributive Sentencing, Multiple Offenders, and Bulk Discounts (Richard L. Lippke)

12. Retribution and Capital Punishment (Thom Brooks)


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