Punishment and Moral Uncertainty : Seeking Convergence on Criminal Justice

An ethical rationale for moving toward reducing punitiveness. The book discusses moral/legal principles applicable across many jurisdictions, providing accessible, up-to-date, interdisciplinary, and topical discussions of the prisons crisis, penal theories, moral psychology, crime prevention, and victims' and offenders' rights.

As Anglo-American legal systems face unsustainable levels of imprisonment, this book provides an ethical rationale for moving in a direction that pragmatic considerations already press us toward: reducing punitiveness. Every mainstream moral justification for criminal sanctions is subject to formidable objections, creating “moral uncertainty” about whether any single justification can adequately guide policymakers. Instead, this book defends 'The Convergence Approach' -- basing penal policy on areas of agreement between theories. This provides an ethical “safety net” so that even if one's preferred theory is flawed, another theory could still justify the policy. The book also proposes a presumption against imposing sanctions of a severity that a reasonable theory would deem excessive, and emulating less punitive Nordic systems. It discusses moral/legal principles applicable across many jurisdictions, providing accessible, up-to-date, interdisciplinary, and topical discussions of the prisons crisis, penal theories, moral psychology, crime prevention, and victims' and offenders' rights.