Article

Alternatives to Punishment

Stephen P. Garvey

in The Oxford Handbook of Philosophy of Criminal Law

Published in print August 2011 | ISBN: 9780195314854
Published online September 2011 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780195314854.003.0017

Series: Oxford Handbooks

Alternatives to Punishment

Preview

This chapter examines alternatives to punishment itself, not other forms of punishment. Those who say that people should end state punishment and replace it with something else are penal abolitionists. They conclude, for one reason or another, that punishment is not justified, and perhaps cannot be, no matter what form it takes and no matter what the offense for which it is imposed. Penal abolitionists must answer at least two questions: First, why is punishment never justified? Second, what, if anything, should replace it? The chapter explores negative abolitionism, positive abolitionism, and restorative justice.

Keywords: state punishment; penal abolitionists; justification; negative abolitionism; positive abolitionism; restorative justice

Article.  14474 words. 

Subjects: Philosophy ; Philosophy of Law

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