The Limits of Blame
-
Erin I. Kelly
About this book
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.
The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment.
Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Reviews
-- Adam Gopnik New Yorker
-- Victor Tadros, University of Warwick
-- Vincent Chiao, University of Toronto
-- Göran Duus-Otterström, Aarhus University
Topics
-
Download PDFPublicly Available
Frontmatter
i -
Download PDFPublicly Available
Contents
vii -
Requires Authentication UnlicensedLicensed
Introduction: Criminalizing People
1 -
Requires Authentication UnlicensedLicensed
1. Accountability In Criminal Law
16 -
Requires Authentication UnlicensedLicensed
2. Skepticism About Moral Desert
45 -
Requires Authentication UnlicensedLicensed
3. Blame And Excuses
71 -
Requires Authentication UnlicensedLicensed
4. Criminal Justice Without Blame
100 -
Requires Authentication UnlicensedLicensed
5. Rethinking Punishment
122 -
Requires Authentication UnlicensedLicensed
6. Law Enforcement In An Unjust Society
149 -
Requires Authentication UnlicensedLicensed
Conclusion: Civic Justice
178 -
Requires Authentication UnlicensedLicensed
Notes
187 -
Requires Authentication UnlicensedLicensed
Acknowledgments
217 -
Requires Authentication UnlicensedLicensed
Index
221