The Priority of Politics and Procedure over Perfectionism in Penal Law, or, Blackmail in Perspective

Criminal Law and Philosophy 3 (3):247-260 (2009)
Abstract
Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale for prohibition is not the moral argument that blackmailers culpably cause harm, but the political argument that blackmailers threaten the state’s claimed monopoly on punishing crime.
Keywords Criminal Law  Punishment  Blackmail  Moral theory of punishment
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,273
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA
John Rawls (1993). Political Liberalism. Columbia University Press.
John Rawls (1955). Two Concepts of Rules. Philosophical Review 64 (1):3-32.
Citations of this work BETA

No citations found.

Similar books and articles
Antony Duff (2003). Punishment, Communication and Community. In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
Zachary Hoskins (2011). ''Deterrent Punishment and Respect for Persons''. Ohio State Journal of Criminal Law 8 (2):369-384.
Analytics

Monthly downloads

Added to index

2010-09-13

Total downloads

11 ( #127,849 of 1,096,248 )

Recent downloads (6 months)

2 ( #126,669 of 1,096,248 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.