Abstract

Matthew Altman’s A Theory of Legal Punishments sets forth a thorough, systematic account of punishment that relies on both a consequentialist and a retributivist justification of punishment. Preferring the term ‘‘two-tiered model’’ to ‘‘mixed theory,’’ Altman argues that the legislature should employ consequentialist aims while the judiciary should operate with a retributivist purpose. The legislature should define classes of criminal acts and set out ranges of punishment for each class of crime based on the punishment’s ability to maintain public order. In contrast, after determining guilt, the judiciary should assign an individual punishment within the legislatively determined range based on the goal of expressing appropriate resentment. Far from an abstract theory, the two-tiered model laudably aims at being action guiding for policymakers. Altman ends the book by explaining why his model calls for death penalty abolition and supports exploratory implementation of restorative justice practices within existing punishment institutions.