Skip to product information
1 of 1

Criminal Law Without Punishment

Publisher:

Regular price $21.99
Regular price $21.99 Sale price $21.99
Sold out
The aim of the series is to publish high-quality studies in English or German that deal with topics in practical philosophy from a broadly analytic perspective. These include questions in meta-ethi...
Read More
  • 30 June 2025
View Product Details

How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such research is properly accounted for, none of the current attempts to justify criminal punishment succeed. But that does not imply that the state should do nothing about criminal wrongdoing. Rather, the arguments that were supposed to justify criminal punishment actually speak in favor of an alternative approach to criminal law: restitution to the victim and restorative justice. That is to say, the state should coerce offenders to provide restitution for the harm inflicted on victims, and whenever possible restorative approaches should be taken to address criminal wrongdoing.

files/i.png Icon
Price: $21.99
Pages: 242
Publisher: De Gruyter
Imprint: De Gruyter
Publication Date: 30 June 2025
ISBN: 9783112214923
Format: Paperback
BISACs: PHI000000 PHILOSOPHY / General, PHI005000 PHILOSOPHY / Ethics & Moral Philosophy
REVIEWS Icon

Valerij Zisman, Max-Planck-Institut zur Erforschung von Kriminalität, Sicherheit und Recht, Freiburg i. B., Deutschland.



Valerij Zisman, Max Planck Institute for the Study of Crime, Security and Law, Freiburg i. B., Germany.