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Punishment: theory and practice

Berkeley, CA: University of California (1992)

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  1. Should We Aim for a Unified and Coherent Theory of Punishment?: Thom Brooks: Punishment. Routledge, New York, 2012, 282 pp., ISBN 978-0-415-43181-1, 978-0-415-43182-8.Mark Tunick - 2016 - Criminal Law and Philosophy 10 (3):611-628.
    Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...)
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  • Principles of Criminal Liability from the Semiotic Point of View.Michał Peno & Olgierd Bogucki - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):561-578.
    Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...)
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