New Arrival Punishment, Penalty, and Incapacitation: A Dignity-Respecting Model of Targeted Restrictions of Liberty for Liberal States

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Punishment, Penalty, and Incapacitation: A Dignity-Respecting Model of Targeted Restrictions of Liberty for Liberal States

By Alec Walen
New Arrival Oxford University Press June 2026

Specifications

ISBN-13
9780199325795
Publisher
Oxford University Press
Publication
June 2026
Format
Hardback
Jurisdiction
U.S. ? Countri(es) for reference only

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Details

Detention is among the most controversial and complex powers a state can exercise over an individual, raising the fundamental question: how can a liberal state justify restricting the liberty of certain individuals for the security of others, while still upholding the dignity of those whose freedom is curtailed?

Punishment, Penalty, and Incapacitation seeks to answer that question by distinguishing four types of justification for targeted restrictions of liberty: deserved punishment, forfeiture of rights, enforceable duties to self-restrict, and lack of accountability. This book maintains that targeted restrictions of liberty must appeal to one of the four justifications listed above, and that each type of justification imposes characteristic limits on the way restrictions can operate.

Drawing on a wide range of legal and political sources, this book offers a foundational inquiry into the theory of detention and other targeted limits on liberty, and develops a rigorous model for their justification in liberal democratic states.

Table of Contents

Part I. Introduction and Moral Background
1:Introduction
2:Methodological Commitments and Foundational Ideas
3:A Dignity-Respecting Model of Rights for Liberal States
4:In Defense of the Presumption of Law Abidingness

Part II. Criminal Law
5:Criminal Law and the Retributive Idea of Deserved Punishment
6:An Account of Blame and Guilt as the Basis for Censure and Punishment
7:A Theory of Punishment as a Blaming Response to Culpable Wrongdoing
8:Proportionality's Constraint

Part III. The Value and Limits of the Criminal Law
9:Consequentialist Concerns about the Criminal Law
10:The Standing to Blame of an Unjust State
11:The Restorative Justice Alternative to Punishment
12:The Straitjacket of Proportional Punishment

Part IV. Penal Law
13:Overview of the Penal Law
14:A Theory of Forfeiture
15:Doctrinal Basics for the Penal Law

Part V. Incapacitation
16:Forfeiture of the Presumption of Law Abidingness
17:The Duty to Accept Restrictions for the Sake of Others
18:Pretrial Detention: A Case Study
19:Limited Accountability: Intrinsic
20:Limited Accountability: Extrinsic
21:Conclusions
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