The Routledge Handbook Of The Philosophy And Science Of Punishment

429 Pages·2021·7.116 MB·English

by  Farah Focquaert, Elizabeth Shaw, Bruce N. Waller

THE ROUTLEDGE HANDBOOK OF THE

PHILOSOPHY AND SCIENCE OF PUNISHMENT
Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions
about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just?
Are there effective alternatives to punishment? How can empirical data from the sciences help us better under-
stand punishment? What are the relationships between punishment and our biology, psychology, and social
environment? How is punishment understood and administered differently in different societies? The Routledge
Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other
important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts
in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives;
emerging research from biology, psychology, and social neuroscience; and important special issues like the side-
effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for
antisocial behavior, and victims’ rights and needs.
The Handbook is conveniently organized into four sections:
I. Theories of Punishment and Contemporary Perspectives
II. Philosophical Perspectives on Punishment
III. Sciences, Prevention, and Punishment
IV. Alternatives to Current Punishment Practices
A volume introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science
of Punishment essential reading for upper- undergraduate and postgraduate students in disciplines such as phil-
osophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines
such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for
anyone interested in current theories, research, and programs dealing with the problem of punishment.
Farah Focquaert is Professor of Philosophical Anthropology at Ghent University in Belgium. She is one of
the Directors of the international Justice Without Retribution Network and the Founder and Co-C hair of the
Ethics Committee at The Forensic Psychiatric Centers Ghent/ Antwerp in Belgium.
Elizabeth Shaw is Senior Lecturer in the School of Law at the University of Aberdeen, UK. She is the Founder
and one of the Directors of the international Justice Without Retribution Network. Her research interests are
interdisciplinary, involving criminal law, philosophy, and neuroethics.
Bruce N. Waller is Professor of Philosophy at Youngstown State University, Ohio, USA. Among his recent
books are Against Moral Responsibility (2011), The Stubborn System of Moral Responsibility (2015), Restorative Free
Will (2015), and The Injustice of Punishment (2018).
ROUTLEDGE HANDBOOKS IN PHILOSOPHY

Routledge Handbooks in Philosophy are state-o f- the- art surveys of emerging, newly refreshed, and
important fields in philosophy, providing accessible yet thorough assessments of key problems, themes,
thinkers, and recent developments in research.
All chapters for each volume are specially commissioned, and written by leading scholars in the
field. Carefully edited and organized, Routledge Handbooks in Philosophy provide indispensable refer-
ence tools for students and researchers seeking a comprehensive overview of new and exciting topics
in philosophy. They are also valuable teaching resources as accompaniments to textbooks, antholo-
gies, and research- orientated publications.
Also available:
The Routledge Handbook of Philosophy of Humility
Edited by Mark Alfano, Michael P. Lynch and Alessandra Tanesini
The Routledge Handbook of Metaphysics
Edited by Ricki Bliss and JTM Miller
The Routledge Handbook of Philosophy of Skill and Expertise
Edited by Ellen Fridland and Carlotta Pavese
The Routledge Handbook of Phenomenology and Phenomenological Philosophy
Edited by Daniele De Santis, Burt Hopkins and Claudio Majolino
The Routledge Handbook of the Philosophy and Science of Punishment
Edited by Farah Focquaert, Elizabeth Shaw and Bruce N. Waller
The Routledge Handbook of Phenomenology of Agency
Edited by Christopher Erhard and Tobias Keiling
For more information about this series, please visit: https:// www.routledge.com/ Routledge-
Handbooks- in- Philosophy/ book- series/ RHP
THE ROUTLEDGE HANDBOOK

OF THE PHILOSOPHY AND
SCIENCE OF PUNISHMENT
Edited by Farah Focquaert, Elizabeth Shaw, and
Bruce N. Waller
First published 2021
by Routledge
52 Vanderbilt Avenue, New York, NY 10017
and by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2021 Taylor & Francis
The right of Farah Focquaert, Elizabeth Shaw and Bruce N. Waller to be identified
as the authors of the editorial material, and of the authors for their individual
chapters, has been asserted in accordance with sections 77 and 78 of the Copyright,
Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised
in any form or by any electronic, mechanical, or other means, now known or
hereafter invented, including photocopying and recording, or in any information
storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks,
and are used only for identification and explanation without intent to infringe.
Library of Congress Cataloging- in- Publication Data
A catalog record for this title has been requested
ISBN: 978- 1- 138- 58062- 6 (hbk)
ISBN: 978- 0- 429- 50721- 2 (ebk)
Typeset in Bembo
by Newgen Publishing UK
CONTENTS

List of contributors ix

Introduction 1

Farah Focquaert, Elizabeth Shaw, and Bruce N. Waller
PART I
Theories of Punishment and Contemporary Perspectives 3

1 Theories of Punishment 5
Robert Canton
2 Retribution 18

Thom Brooks
3 Offenders as Citizens 26

Antony Duff
4 Hybrid Theories of Punishment 37

Zachary Hoskins
5 Limiting Retributivism and Individual Prevention 49

Christopher Slobogin
6 The Contours of a Utilitarian Theory of Punishment in Light
of Contemporary Empirical Knowledge about the Attainment of
Traditional Sentencing Objectives 62

Mirko Bagaric
v
Contents
7 The Restorative Justice Movement: Questioning the Rationale of
Contemporary Criminal Justice 75

Gerry Johnstone
PART II
Philosophical Perspectives on Punishment 87

8 Defamiliarizing Punishment 89

Tom Daems
9 The Retributive Sentiments 101

Erin I. Kelly
10 The Right to Punish 111

Mike C. Materni
11 Problem of Proportional Punishment 126

Youngjae Lee
12 The Gap 136

Peter A. Alces
13 Science and the Evolution of American Criminal Punishment 151

Michele Cotton
14 What is Wrong with Mass Incarceration? 161

Chad Flanders
PART III
Sciences, Prevention, and Punishment 173

15 Punishment, Shaming, and Violence 175

James Gilligan
16 Humanizing Prison through Social Neuroscience: From the Abolition
of Solitary Confinement to the Pursuit of Social Rehabilitation 187

Federica Coppola
17 Effects of Prison Crowding on Prison Misconduct and Bullying 201

Ivana Sekol, David P. Farrington, and Izabela Zych
18 Biosocial Risk Factors for Offending 215

Olivia Choy
vi
Contents
19 Brain Abnormalities Associated with Pedophilia: Implications for
Retribution and Rehabilitation 231

Colleen M. Berryessa
20 Current Trends in Cognitive Neuroscience and Criminal Punishment 246

Corey H. Allen and Eyal Aharoni
21 Behavioral Genetics and Sentencing 262

Allan McCay
22 Prediction, Screening and Early Intervention: A Critical Analysis 274

Dorothee Horstkötter
23 Comparison of Socio- Affective Processing Across Subtypes of Antisocial
Psychopathology 288

Scott Tillem, Shou- An Ariel Chang, and Arielle Baskin- Sommers
24 Forensic Mental Health Treatment and Recidivism 303

Daniel Whiting, Howard Ryland and Seena Fazel
25 Recovery of Persons Labeled “Not Criminally Responsible”:
Recommendations Grounded in Lived Experiences 315

Natalie Aga, Freya Vander Laenen and Wouter Vanderplasschen
PART IV
Alternatives to Current Punishment Practices 331

26 Punishment and Its Alternatives 333

William R. Kelly
27 Pre- Trial Detention and the Supplanting of Our Adversarial
System: A Case for Abolition 344

Justine Olderman
28 A Non- Punitive Alternative to Retributive Punishment 355

Gregg D. Caruso and Derk Pereboom
29 The Takings Doctrine and the Principle of Legality 366

Michael Louis Corrado
vii
Contents
30 How to Transform a Static Security Prison into a Dynamic Organism
for Change and Growth 377

Arne Kvernvik Nilsen and Ekaterina Bagreeva
31 Towards a Strengths- Based Focus in the Criminal Justice System for
Drug- Using Offenders 388

Charlotte Colman and Eva Blomme
Index 404

viii
CONTRIBUTORS

Natalie Aga is Lecturer and Researcher at the Thomas More University College of Applied Sciences,
Antwerp, Belgium. Her research concerns the recovery process of people labeled “Not Criminally
Responsible.”
Eyal Aharoni is Assistant Professor of Psychology, Philosophy, and Neuroscience at Georgia State
University, USA.
Peter A. Alces is Rita Anne Rollins Professor of Law at The College of William & Mary School of
Law, USA. He is the author, most recently, of The Moral Conflict of Law and Neuroscience (2018) and
The Law and Neuroscience Dialectic (2022).
Corey H. Allen is a doctoral candidate in the Neuroscience Institute at Georgia State University,
USA, with a particular interest in neuroethics.
Mirko Bagaric is Dean of the Swinburne University Law School, Melbourne, Australia, and
Director of the Evidence- Based Sentencing and Criminal Justice Project. He is the author or co-
author of over 30 books and 150 articles which have been published in leading international journals.
While his main work is in the area of punishment and sentencing, he has also written extensively in
migration and refugee law and human rights law.
Ekaterina Bagreeva has been teaching criminology for more than 10 years at Plekhanov University,
Moscow, Russia. She has also worked at the National Research Institute of the Penal system of the
Russian Federation, and been a research fellow on several international projects at Euroacademia,
Council of Nordic Countries. She is a practicing graphologist.
Arielle Baskin- Sommers is a licensed clinical psychologist and Associate Professor of Psychology
at Yale University, USA. She studies the neurocognitive mechanisms underlying disinhibited behavior
across antisocial populations.
Colleen M. Berryessa is Assistant Professor in the School of Criminal Justice, Rutgers University,
Newark, USA. Her research examines discretion in the criminal justice system, focusing on social
ix