Punishment theory and practice - Tunick, Mark (University of California Press, 1992)
Includes bibliographical references (pages 193-202) and index
Ch. 1. Introduction. 1. The Issues, External and Internal. 2. Connecting External and Internal Approaches. 3. Immanent Criticism. 4. Punishing for Justice: A Retributive Immanent Criticism of Legal Punishment -- Ch. 2. Radical Criticisms of the Practice of Legal Punishment. 1. Radical Criticism. 2. Genealogist as Radical Critic: Nietzsche and Foucault. 3. Functionalist as Radical Critic: Karl Menninger. 4. Marxist as Radical Critic. 5. The Activity of Justifying a Whole Practice. 6. Immanent against Radical Criticism -- Ch. 3. Justifications of the Practice: Utilitarian and Retributive. 1. Utilitarians. 2. Retributive Justifications of Legal Punishment. 3. Deciding between the Utilitarian and Retributive Accounts -- Ch. 4. Retributive Immanent Criticism of Legal Punishment. 1. An Internal, Discriminating Approach to Legal Punishment. 2. Immanent Criticism in a Complex Practice. 3. Practical Problems of Legal Punishment. 4. A Consequential Retributivism -- Ch. 5. Immanent Criticism of an Essentially Contested Practice. 1. Introduction. 2. What Counts as a Practice: The Turn to Interpretation. 3. An Objection to the Retributive Interpretation of Punishment. 4. The Contemporary Utilitarian-Retributive Debate. 5. Retributive Immanent Criticism in an Essentially Contested Practice