Rights and Wrongs: Rethinking the Foundations of Criminal Justice (Hardcover, 2019)

Introduction 1. Thinking about Justice An Evaluative Concept Identifying Rights A Question of Motivation 2. Thinking about Criminal Justice The Lex Talionis Framework of Negative Reciprocity The Possibility of Dispensing Entirely with Negative Reciprocity Negative Reciprocity Once Again: Impartial Administration of Punishment for Malicious Violations of the Fair Terms of Cooperation Criminal Justice: The State as a Permanent Enforcement Agency 3. Redressing Grievances: The Retaliation Model The Pure Retaliation Model Moving away from the Pure Retaliation Model: The Medieval State as a Weak Enforcement Agency 4. Redressing Grievances: The Criminal Justice Model Moving towards the Criminal Justice Model: The Rise of the Modern State The Possibility of Taming State Power Taming the Power of the State 5. Decriminalization The Eligibility Principle and Decriminalization The Eligibility Principle's Ramifications 6. Policing the Police Stop and Frisk Systematic Surveillance of Behavior in Public Places 7. State-Imposed Punishment Whether, What Kind, and How Much Questions Bearing on Punishment Prison Conditions: The State's Carceral Responsibility for Inmates 8. Equality: Racial and Class Disparities in the Context of State-Imposed Punishment Retail vs. Wholesale Approaches to Criminal Justice The Possibility of Achieving Equal Justice on a Case by Case Basis Afterword