Book contents
- Rejecting Retributivism
- Law and the Cognitive Sciences
- Rejecting Retributivism
- Copyright page
- Dedication
- Contents
- Acknowledgments
- 1 Free Will, Legal Punishment, and Retributivism
- 2 Free Will Skepticism
- 3 The Epistemic Argument against Retributivism
- 4 Additional Reasons for Rejecting Retributivism
- 5 Consequentialist, Educational, and Mixed Theories of Punishment
- 6 The Public Health–Quarantine Model I
- 7 The Public Health–Quarantine Model II
- 8 The Public Health–Quarantine Model III
- 9 The Public Health–Quarantine Model IV
- References
- Index
8 - The Public Health–Quarantine Model III
Human Dignity, Victims’ Rights, Rehabilitation, and Preemptive Incapacitation
Published online by Cambridge University Press: 06 May 2021
- Rejecting Retributivism
- Law and the Cognitive Sciences
- Rejecting Retributivism
- Copyright page
- Dedication
- Contents
- Acknowledgments
- 1 Free Will, Legal Punishment, and Retributivism
- 2 Free Will Skepticism
- 3 The Epistemic Argument against Retributivism
- 4 Additional Reasons for Rejecting Retributivism
- 5 Consequentialist, Educational, and Mixed Theories of Punishment
- 6 The Public Health–Quarantine Model I
- 7 The Public Health–Quarantine Model II
- 8 The Public Health–Quarantine Model III
- 9 The Public Health–Quarantine Model IV
- References
- Index
Summary
In the final two chapters, I consider and address a number of objections to the public health–quarantine model. In this chapter, I will address concerns about proportionality, human dignity, victims’ rights, rehabilitation, and preemptive incapacitation. In the following chapter, I will address concerns about deterrence, cost, evidentiary standards, and indefinite detention. I will argue that the public health–quarantine model can successfully deal with each of these concerns and as a result it offers a superior alternative to retributive punishment and other nonretributive accounts. My hope is that by addressing these concerns now, the case for the public health–quarantine model will be made even stronger. It will also provide me with the opportunity to flesh out some additional components of my account.
- Type
- Chapter
- Information
- Rejecting RetributivismFree Will, Punishment, and Criminal Justice, pp. 270 - 296Publisher: Cambridge University PressPrint publication year: 2021