Cruel and Unusual Punishment

Brooks, Thom

Abstract

This chapter examines the issue of cruel and unusual punishment, beginning with an overview of how the concept is interpreted and a background survey of punishments that are considered to fall into that category. Most philosophers accept that there are limits to the justifiable severity of punishments even if those limits result in sentences that are considered less than deserved, suboptimal for deterrence, or otherwise disproportionate. Very different reasons are given from each approach, but a common thread also connects them. This chapter will show different ways of understanding this issue and the commonality in the solutions offered, as well as highlight the usefulness of a unified theory when considering the limits of punishment.

Citation

Brooks, T. (2024). Cruel and Unusual Punishment. In J. Ryberg (Ed.), The Oxford Handbook of the Philosophy of Punishment (275-286). Oxford University Press. https://doi.org/10.1093/oxfordhb/9780197750506.013.17

• Online Publication Date: Oct 22, 2024
• Publication Date: Dec 25, 2024
• Deposit Date: Dec 6, 2022
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Pages: 275-286
• Book Title: The Oxford Handbook of the Philosophy of Punishment
• Chapter Number: 17
• ISBN: 9780197750506
• DOI: https://doi.org/10.1093/oxfordhb/9780197750506.013.17
• Public URL: https://durham-repository.worktribe.com/output/1643438