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The UNCITRAL Model Law on International Commercial Arbitration: A Commentary

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Legal and Ethical Retributivism: A Restorative Analysis

Legal and Ethical Retributivism: A Restorative Analysis

Legal and Ethical Retributivism: A Restorative Analysis

Author: Halil Cesur
Publisher: Routledge
ISBN: 9781032914060
Published In: August 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,015.00

HKD 1,954.55 Save HKD 60.45 (3%)

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Description
Contents

Details

This book explores a foundational philosophical tension in contemporary retributivism, revealing ambiguities in its approach to punishment between two conflicting conceptions of restoration: legal justice and ethical love. Through an analysis of the three parties involved in a crime—the victim, the offender, and the state—it argues that neo-retributivism has not sufficiently incorporated the ethical face of punishment into its theoretical framework. The pull of legal justice is often so strong that the voice of ethical love is silenced; neo-retributivism is at an impasse. To navigate this, the book engages with contemporary critical criminal justice scholarship, introducing the ideal of loving justice while highlighting an unresolved tension between penal reformism and abolitionism.

The book will be of interest to academics and researchers working in the areas of Philosophy of Punishment, Criminal Law Theory, Criminal Justice, Restorative Justice, Philosophy of Law, Political Philosophy and Hegel scholarship.

Introduction

PART I: DIAGNOSING THE DEADLOCK

1. Two Faces of Retributivism

PART II: BACK TO ORIGINS

2. Legal Retributivism 3. Ethical Retributivism

PART III: REVIVAL

4. Punishment: Between Vindication and Healing 5. Restorative Retributivism 6. Punishment as Recognition

PART IV: BEYOND IMPASSE

7. Seeking a Shared Ground: Between Loving Ethics and Legal Justice

Conclusion

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