Punishment, communication and community
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University (2003)
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
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
No references found.
Citations of this work BETA
Antony Duff (2009). Legal and Moral Responsibility. Philosophy Compass 4 (6):978-986.
Nathan Hanna (2009). The Passions of Punishment. Pacific Philosophical Quarterly 90 (2):232-250.
David Wood (2010). Punishment: Consequentialism. Philosophy Compass 5 (6):455-469.
Raffaele Rodogno (2009). Shame, Guilt, and Punishment. Law and Philosophy 28 (5):429 - 464.
R. A. Duff (2010). Towards a Theory of Criminal Law? Aristotelian Society Supplementary Volume 84 (1):1-28.
Similar books and articles
Zachary Hoskins (2011). ''Fair Play, Political Obligation, and Punishment''. Criminal Law and Philosophy 5 (1):53-71.
J. L. A. Garcia (1989). Deserved Punishment. Law and Philosophy 8 (2):263 - 277.
Donald A. Dripps (2009). The Priority of Politics and Procedure Over Perfectionism in Penal Law, or, Blackmail in Perspective. Criminal Law and Philosophy 3 (3):247-260.
Wesley Cragg (1992). The Practice of Punishment: Towards a Theory of Restorative Justice. Routledge.
Christopher Bennett (2001). Punishment, Moral Community and Moral Argument: A Review of R.A. Duff,Punishment, Communication and Communityand Matt Matravers,Justice and Punishment: The Rationale of Coercion. [REVIEW] Critical Review of International Social and Political Philosophy 4 (3):101-119.
Bill Wringe (2010). War Crimes and Expressive Theories of Punishment: Communication or Denunciation? Res Publica 16 (2):119-133.
Barbara Hudson (2003). Understanding Justice: An Introduction to Ideas, Perspectives, and Controversies in Modern Penal Theory. Open University Press.
Alan Brudner (2009). Punishment and Freedom: A Liberal Theory of Penal Justice. Oxford University Press.
Carlos Gómez-Jara, Communicative Retribution as a Constructivist Theory of Punishment - Penal Pain as a Communicative Artifact?
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Recent downloads (6 months)0
How can I increase my downloads?