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The Case Against Punishment: Retribution, Crime Prevention, and the Law [Paperback]

Deirdre Golash (Author)
5.0 out of 5 stars  See all reviews (1 customer review)

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Book Description

October 1, 2006 0814731848 978-0814731840 1ST

What ends do we expect and hope to serve in punishing criminal wrongdoers? Does the punishment of offenders do more harm than good for American society? In The Case against Punishment, Deirdre Golash addresses these and other questions about the value of punishment in contemporary society.

Drawing on both empirical evidence and philosophical literature, this book argues that the harm done by punishing criminal offenders is ultimately morally unjustified. Asserting that punishment inflicts both intended and unintended harms on offenders, Golash suggests that crime can be reduced by addressing social problems correlated with high crime rates, such as income inequality and local social disorganization. Punishment may reduce crime, but in so doing, causes a comparable amount of harm to offenders. Instead, Golash suggests, we should address criminal acts through trial, conviction, and compensation to the victim, while also providing the criminal with the opportunity to reconcile with society through morally good action rather than punishment.


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Editorial Reviews

Review

“A book that can spur good discussion and stimulate critical thinking.”
-Law and Politics Book Review

,

“A finely reasoned argument on the ills of punishment. . . . An informative and thought provoking read.”
-New York Law Journal

,

“Philosophers of law too often assume that criminal punishment is of course justified and then argue over exactly what is the best justification for the practice—utilitarian deterrence, retribution, moral education, etc. It is important that this shared assumption be challenged and that serious consideration be given to the possibility that criminal punishment may not be justified at all. Although Professor Golash has by no means persuaded me that all criminal punishment should be totally abolished, her book is to be welcomed as an attempt to provoke serious reflection on this basic issue.”
-Jeffrie G. Murphy,Regents’ Professor of Law, Philosophy, and Religious Studies, Arizona State University



“A work of sweeping vision and profound insight. Punishment, Golash demonstrates convincingly, is wrong in itself and counterproductive as well. That her fine book closes with a thoughtful sketch of a world without punishment is a testament to the author's intellectual range and originality.”
-Robert Johnson,author of Hard Time: Understanding and Reforming the Prison

About the Author

Deirdre Golash is associate professor in the Department of Justice, Law, and Society at American University in Washington, DC.


Product Details

  • Paperback: 220 pages
  • Publisher: NYU Press; 1ST edition (October 1, 2006)
  • Language: English
  • ISBN-10: 0814731848
  • ISBN-13: 978-0814731840
  • Product Dimensions: 8.7 x 5.9 x 0.7 inches
  • Shipping Weight: 12 ounces (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #651,601 in Books (See Top 100 in Books)

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5.0 out of 5 stars EI, September 25, 2011
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This review is from: The Case Against Punishment: Retribution, Crime Prevention, and the Law (Paperback)
The beauty of this book is the balance between emotional and rational intelligence inherent on Golash's argument. My review may be biased by my own beliefs, as I am against punishment.

I found the discussion of anger to be particularly interesting. There is something meaningful here that can be applied to everyday transgressions within relationships-- a reconfiguring of the way we perceive and experience our lives.

Having read this book for a class, I noticed that it did trip some people up-- they were confused by what Golash was saying exactly. Others clearly rejected her basic premise because doing away with punishment is a revolutionary (I would even argue evolutionary) idea. It scares people. You have to be really open minded/hearted to appreciate this book fully.
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Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
retaliatory harm, past wrongdoers, harming offenders, symbolic condemnation, undeserved harm, incapacitative effects, physical liberty, retributive punishment, hard treatment, selective incapacitation, utilitarian analysis, separate justification, value attachments, deterrent purposes, justified anger, restorative justice, state punishment, current attack
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