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法的・倫理的応報刑論
Legal and Ethical Retributivism: A Restorative Analysis.

・ISBN 978-1-032-91406-0 hard GB£ 145.00

¥41,948.- (税込) *

著者・編者 Cesur, Halil,
シリーズ (Routledge Research in Legal Philosophy)
出版社 (Routledge, UK)
出版年 2025
ページ数 218 pp.
ニュース番号 <746-534>

This book explores a foundational philosophical tension in contemporary retributivism, revealing ambiguities in its approach to punishment between two conflicting conceptions of restoration: legal justice and ethical love. Through an analysis of the three parties involved in a crime - the victim, the offender and the state - it argues that neo-retributivism has not sufficiently incorporated the ethical face of punishment into its theoretical framework. The pull of legal justice is often so strong that the voice of ethical love is silenced; neo-retributivism is at an impasse. To navigate this, the book engages with contemporary critical criminal justice scholarship, introducing the ideal of loving justice while highlighting an unresolved tension between penal reformism and abolitionism.

The book will be of interest to academicians and researchers working in the areas of philosophy of punishment, criminal law theory, criminal justice, restorative justice, philosophy of law, political philosophy and Hegel scholarship.