Punishment seems to be one of the most venerable and universal of moral impulses and social practices. It is central to law and jurisprudence, but it also exists beyond law: within the self; in relationships between individuals; inside families and communities. No single discipline circumscribes the subject of punishment, although it belongs to the matter of most disciplines in the humanities and social sciences. This collection of essays by jurists, philosophers, historians, a literary scholar, and a psychoanalyst explores elemental questions of punishment: cultural and psychological roots; justifications and their validity; legal formulations and enactments, crises in contemporary practice.
New York, Bern, Berlin, Frankfurt/M., Paris, Wien, 1997. VIII, 200 pp.
Contents: Brian McKnight: Punishment in Traditional China: From Family, to Group, to the State - Bernard Weiss: Punishment,
Retribution and Justice in Islamic Theology and Jurisprudence - Edward Peters: Juristic Theology? Medieval and Early Modern
European Perspectives on Crime and Punishment - Richard Mowery Andrews: The Death Penalty in Old Regime France - Steven Marcus:
Dickens and the Representation of Punishment - Robert Alan Glick: Dreading and Desiring Punishment: On Morality and Masochism
- Lois G. Forer: A Trial Judge's View of Moral, Constitutional and Conventional Justifications for Punishment - Jeffrie G.
Murphy: Getting Even: The Role of the Victim - Nigel Walker: Just Deserts or Just Desertion? An Attack on Modern Retributivism
- Nicola Lacey: Punishment: A Communitarian Approach.