A collection of essays by major figures in punishment theory, law, and philosophy that reconsiders the popularity and prospects of retributivism, the notion that punishment is morally justified because people have behaved wrongly.

Preface ; One: Can Twenty-first Century Punishment Policies be Justified in Principle? ; Michael Tonry, University of Minnesota ; Two: What Does Wrongdoing Deserve? ; John Kleinig, CUNY ; Three: Is Twenty-first Century Punishment Post-Desert? ; Matt Matravers, York University ; Four: Responsibility, Restoration, and Retribution ; R. A. Duff, University of Minnesota ; Five: Punishment and Desert-adjusted Utilitarianism ; Jesper Ryberg, Roskilde University, Copenhagen ; Six: The Future of State Punishment: The Role of Public Opinion in Sentencing ; Julian V. Roberts, Oxford University ; Seven: A Political Theory of Imprisonment for Public Protection ; Peter Ramsay, London School of Economics ; Eight: Terror as a Theory of Punishment ; Alice Ristroph, Seton Hall University ; Nine: Can Above-desert Penalties Be Justified by Competing Deontological Theories? ; Richard S. Frase, University of Minnesota ; Ten: Never Mind the Pain; It's a Measure! Justifying Measures as Part of the Dutch Bifurcated System of Sanctions ; Jan de Keijser, University of Leiden ; Eleven: Retributivism, Proportionality, and the Challenge of the Drug Court Movement ; Douglas Husak, Rutgers University ; Twelve: Drug Treatment Courts as Communicative Punishment ; Michael M. O'Hear, Marquette University ; Thirteen: Reflections on Punishment Futures: The Desert-Model Debate and the Importance of the Criminal Law Context ; Andreas von Hirsch, Cambridge University

"Writings on theories of punishment are legion, but this volume has a distinct freshness--a group of top international scholars with varying perspectives have been encouraged to explore the interfaces between philosophies of punishment and contemporary penal practices. Nothing is taken for granted. Drug courts, 'three strikes and you're out' laws, and sentences lengthened for public protection are all vital issues of public policy that receive scrutiny in this volume. While the title of the volume refers to retributivism, the essays themselves are not confined to discussions of the future of desert theory: they explore the future place of restorative justice, incapacitation and other rationales, and examine challenges to the basic tenets of desert theory. The intellectual freshness of this volume should make it a focus of study and argument for years to come." --Andrew Ashworth, Vinerian Professor of English Law, University of Oxford "Retributivism Has a Past is an important book that both reconsiders the past and may well reconfigure the future of criminal punishment. Michael Tonry's grand introductory essay examines retributivism's resurgence in light of actual practices, especially in the United States. Each of the essays by other major figures in punishment theory, law, and philosophy critically examines a variety of theories of punishment, old and new. Many of the essays, including several by prominent younger contributors to these debates, engage contemporary theories and concepts of restorative justice, therapeutic jurisprudence, rehabilitation of offenders, and mandatory punishments. Most newer approaches are difficult to reconcile, both in theory and in practice, with retributive understandings of criminal justice." --Kate Stith, Lafayette S. Foster Professor, Yale Law School "...an important discussion of retributivism, both [in] theory and practice. It is a must read for punishment theorists. The discussion of both theoretical and practical features of retributivism gives the book a wider scope than the philosophical literature and this is a welcome development." -- Stephen Kershnar, Journal of Moral Philosophy

Michael Tonry is Professor of Law and Public Policy, University of Minnesota Law School, and Senior Fellow at the Netherlands Institute for the Study of Crime and Law Enforcement, Free University Amsterdam.