The Oxford Handbook of the Philosophy of Punishment

Abstract The Oxford Handbook of the Philosophy of Punishment is the most comprehensive collective work that has yet been published on the philosophical aspects of punishment. It is divided into nine sections covering all the main philosophical challenges arising from the questions of why, when, and how offenders should be punished for their misdeeds. An initial section provides insight into and discussions of all the leading theories of the justification of punishment (retributivism, consequentialism, pluralistic theory, communicative theory, self-defense theory, right forfeiture theory, restitutionism, restorative justice, and abolitionism). Other sections present considerations of what types of punishment can legitimately be imposed on offenders (capital punishment, incarceration, corporal punishment, probation, electronic monitoring, and cruel and unusual punishment) and how the severity of punishments should be determined. A section is also devoted to the many factors that should be considered at sentencing (responsibility and defenses, mens rea, criminal record, guilty pleas, remorse, and mercy). Yet other sections concern discussions of punishment of special groups of offenders (young and very old offenders, female offenders, socially deprived offenders, multiple offenders, dangerous offenders, and war criminals) and broader societal aspects of punishment (social inequality, discrimination, and public opinion). A section on medical and technological aspects of punishment deals with controversial issues such as the use of neurointerventions, artificial intelligence, and the role of physicians in the imposition of punishments. The handbook brings together authoritative chapters written by the field’s leading scholars.